95DPolitical advertisements not to be broadcast during State elections

##### 95D Political advertisements not to be broadcast during State elections (1) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of the Commonwealth. (2) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of a Territory. (3) A broadcaster must not, during the election period in relation to an election, broadcast a political advertisement for or on behalf of the government, or a government authority, of a State. (4) Subject to Divisions 3 and 4, a broadcaster must not, during the election period in relation to an election, broadcast a political advertisement: (a) for or on behalf of a person other than a government or government authority; or (b) on his or her own behalf. (5) Where the election concerned is a by‑election, this section is taken to apply only to broadcasting: (a) in the case of a broadcast made as part of a broadcasting service without a service area—to the area in which the relevant electoral district, or any part of it, overlaps with the area in which the broadcasting service is normally received; and (b) in the case of a broadcast made as part of a broadcasting service with a service area—to the area in which the relevant electoral district, or any part of it overlaps with the service area. (6) In this section, unless the contrary intention appears: > election means an election to a State Parliament or to a local government authority of a State. > political advertisement means an advertisement containing political matter. > political matter means: (a) matter intended or likely to affect voting in the election concerned; or (b) matter containing prescribed material; but does not include exempt matter. > prescribed material means material containing an express or implicit reference to, or comment on, any of the following: (a) the election concerned; (b) a candidate or group of candidates in that election; (c) an issue submitted or otherwise before electors in that election; (d) the government, the opposition, or a previous government or opposition, of the State in which that election is held; (e) a member of the Parliament of that State; (f) a political party, or a branch or division of a political party.