95QBroadcasting of election broadcasts

95Q Broadcasting of election broadcasts

(1) Subject to this section, where one or more units of free time are allocated to a broadcaster under section 95P, the broadcaster must make the unit or units available for use in making one or more election broadcasts during the election period for the election on behalf of the political party, person or group to whom the time is granted. (2) Subject to this section, the broadcaster must use the units in accordance with the regulations and any guidelines determined by the Tribunal. (3) A broadcaster must not make an election broadcast in relation to an election before the close of nominations for the election. (4) Subject to this section, a broadcaster must make, during the election period in relation to an election, at least:

(a) in the case of an election to the Parliament of the Commonwealth—3 election broadcasts by television on each day on which the broadcaster is required to use units of free time allocated to it to make an election broadcast; and

(b) in the case of an election to the legislature of a Territory—the prescribed number of election broadcasts by television on each such day; and

(c) in the case of an election to a State Parliament—2 election broadcasts by television on each such day.

(5) A broadcaster who is required to make an election broadcast must do so free of charge. (6) A broadcaster is not required to make a unit or units of free time available under subsection (1):

(a) if the political party, person or group to whom the time is granted notifies the broadcaster that he, she or it does not intend to use the time; or

(b) in the prescribed circumstances.

(7) A licensee who is required to make an election broadcast is entitled to such additional broadcasting time, for the purpose of broadcasting other material, as is determined in accordance with the regulations.