Item If … the required particulars are the following …
1 the broadcast is authorised by a disclosure entity that is not a natural person (a) the particulars of the name of the entity required by subclause (3);(b) the relevant town or city of the entity;(c) the name of the natural person responsible for giving effect to the authorisation
2 the broadcast is authorised by a disclosure entity who is a natural person (a) the name of the person;(b) the town or city in which the person lives
3 the broadcast is authorised by an entity that is not a disclosure entity or a natural person (a) the name of the entity;(b) the relevant town or city of the entity
4 the broadcast is authorised by a natural person who is not a disclosure entity (a) the name of the person;(b) the town or city in which the person lives
(3) For the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity are:
(a) if the entity is a registered political party—the name of the party (the registered name) that is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 or that name omitting any of the following:
(i) if the registered name includes both a word or phrase and its abbreviation—the abbreviation;
(ii) if the registered name includes “Incorporated” or an abbreviation of that word—that word or its abbreviation;
(iii) if the registered name includes “of Australia”—those words;
(iv) if the registered name ends with “Australia”—that word;
(v) if the entity is a registered branch or division of a registered political party—the words indicating the name of the branch or division; or
(b) if the entity is a disclosure entity (but not a registered political party)—the name of the entity entered on the Transparency Register under the Commonwealth Electoral Act 1918; or
(c) if the entity is not an entity covered by paragraph (a) or (b) and a return has been given under Part XX of the Commonwealth Electoral Act 1918 in relation to the entity—the name included in the most recent return given in relation to the entity; or
(d) in any other case—the name of the entity.
Note: For example, under paragraph (a) the registered name “Quokka Party of Australia Inc.—NSW” may be notified as “Quokka Party”.
(4) If an abbreviation (the registered abbreviation) of the name of an entity is entered in the Register of Political Parties under the Commonwealth Electoral Act 1918 and the entity is:
(a) a registered political party that has a registered branch or division; or
(b) a registered branch or division of a registered political party;
then, for the purposes of item 1 of the table in subclause (2), the required particulars of the name of the entity in paragraph (3)(a) are taken to be either:
(c) the particulars referred to in paragraph (3)(a); or
(d) the registered abbreviation.
2 Interpretation—certain things do not amount to broadcasting of advertisements
(1) For the purposes of this Schedule (other than paragraphs 7(1)(a), 8(1)(a), 9(1)(a), 10(1)(a) and 11(1)(a)), a person is not taken to broadcast an advertisement if:
(a) the person broadcasts matter of an advertising character as an accidental or incidental accompaniment to the broadcasting of other matter; and
(b) the person does not receive payment or other valuable consideration for broadcasting the advertising matter.
(2) For the purposes of this Schedule (other than paragraph 9(1)(a)), the broadcasting by a community broadcasting licensee of:
(a) community information material or community promotional material; or
(b) a sponsorship announcement that acknowledges financial support by a person of the licensee or of a program broadcast on a service provided under the licence, whether or not the announcement:
(i) specifies the name and address of, and a description of the general nature of any business or undertaking carried on by the person; or
(ii) promotes activities, events, products, services or programs of the person; or
(c) material that announces or promotes a service provided under the licence, including material (whether by way of the announcement or promotion of activities, events, products, services or otherwise) that is likely to induce public support, whether financially or otherwise, or to make use of, the service or services provided under the licence;
is not taken to be the broadcasting of an advertisement.
Part 2—Special conditions
3 Broadcasting of political or controversial material
(1) In this clause, broadcaster means:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee; or
(e) a person providing broadcasting services under a class licence.
(2) If, during an election period, a broadcaster broadcasts election matter, the broadcaster must give reasonable opportunities for the broadcasting of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.
(3) This clause does not require a broadcaster to broadcast any matter free of charge.
3A Broadcasting of election advertisements
(1) In this clause, broadcaster means:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee; or
(e) a person providing broadcasting services under a class licence.
(2) If:
(a) a broadcaster has a licence that has a licence area; and
(b) an election to a Parliament is to be held; and
(c) the licence area overlaps, contains or is contained in the area of Australia to which the election relates;
the broadcaster must not broadcast under the licence an election advertisement in relation to the election during the relevant period.
(3) If:
(a) a broadcaster has a licence that does not have a licence area; and
(b) an election to a Parliament is to be held; and
(c) a broadcasting service under the licence is normally received in the area of Australia to which the election relates;
the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of that service.
(4) If:
(a) a broadcaster provides a broadcasting service under a class licence; and
(b) an election to a Parliament is to be held; and
(c) the broadcasting service is normally received in the area of Australia to which the election relates;
the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of the service.
3B Broadcasting of referendum advertisements
(1) In this clause, broadcaster means:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee; or
(e) a person providing broadcasting services under a class licence.
(2) A broadcaster must not broadcast a referendum advertisement in relation to a referendum during the relevant period for the referendum.
4 Identification of certain political matter
Meaning of broadcaster
(1) In this clause, broadcaster means:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee; or
(e) a person providing broadcasting services under a class licence.
Announcing required particulars
(2) If a broadcaster broadcasts political matter at the request of another person, the broadcaster must ensure that the required particulars in relation to the matter are announced in accordance with any requirements determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this subclause.
Note: A broadcaster is taken to have ensured that required particulars are announced in certain circumstances (see subclause (5)).
Keeping records
(3) A broadcaster must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person for the required period and must give to the ACMA any particulars of the record that the ACMA, by written notice, requires.
Meaning of authorises
(4) For the purposes of this clause, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.
Particulars taken to be announced
(5) A broadcaster that broadcasts political matter is taken to have ensured that required particulars are announced if:
(a) particulars were announced in relation to the matter for the purposes of this Act; and
(b) those particulars purported to be particulars referred to in item 3 or 4 of the table in subclause 1(2); and
(c) as a result of steps taken by the broadcaster, it was reasonable for the broadcaster to rely on the particulars that were provided for the purposes of this Act.
Note: An example of steps that may be taken by the broadcaster include:
(a) notifying a person wanting to broadcast political matter that the name of the person required to be announced as having authorised the broadcast depends on whether the person is a disclosure entity; and
(b) seeking a verification from that person that the person is or is not a disclosure entity.
5 Records of matter broadcast
(1) In this clause, broadcaster means:
(a) a commercial television broadcasting licensee; or
(b) a commercial radio broadcasting licensee; or
(c) a community broadcasting licensee; or
(d) a subscription television broadcasting licensee; or
(e) a person providing broadcasting services under a class licence.
(2) If a broadcaster broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the broadcaster must cause a record of the matter to be made in a form approved in writing by the ACMA.
(3) Subject to this clause, a broadcaster must retain in his or her custody a record so made for a period of:
(a) 6 weeks from the date on which the matter was broadcast; or
(b) if a complaint has been made about the matter—for 60 days from the date on which the matter was broadcast;
or for such longer period as the ACMA, in special circumstances, directs in writing.
(4) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subclause (3), the person may give to the broadcaster a notice in writing informing the broadcaster that the record may be required for the purposes of the proceedings.
(5) If such a notice is given to a broadcaster in respect of a record, the broadcaster must, subject to this clause, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.
(6) If the proceedings are not instituted within a period of 3 months after the notice is given to the broadcaster, subclause (5) ceases to apply to the record at the end of that period.
(7) The obligation imposed by this clause on a broadcaster to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.
(8) If the ACMA is of the opinion that a matter of which a record has been made under this clause is of sufficient historic interest to justify its being permanently preserved, the ACMA may direct in writing a person who has custody of the record to deliver it for safe keeping to a person or authority specified by the ACMA, and the person to whom the direction is given must comply with the direction but is entitled to fair compensation.
(9) A broadcaster must, without charge, make available to the ACMA, upon request, any specified record made by the broadcaster under subclause (2) that has been retained by the broadcaster (whether or not the broadcaster is, at the time of the request, under an obligation to retain the record).
Part 3—Commercial television broadcasting licences
Division 1—General
7 Conditions of commercial television broadcasting licences
(1) Each commercial television broadcasting licence is subject to the following conditions:
(a) the licensee will not, in contravention of the Public Health (Tobacco and Other Products) Act 2023, broadcast a tobacco advertisement or an e‑cigarette advertisement within the meaning of that Act;
(aa) the licensee will comply with section 121G (which deals with Australian content);
(b) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;
(ba) the licensee will comply with subsection 130V(1) (which deals with industry standards);
(c) except in the case of a licence allocated under section 38C or subsection 40(1)—the articles of association of the licensee will at all times contain provisions under which:
(i) a person is not eligible to continue to be the holder of shares in the licensee if, because of holding those shares and of any other relevant circumstances, that or some other person would contravene Part 5 of this Act; and
(ii) the licensee may secure the disposal of shares held by a person to the extent necessary to prevent a contravention of Part 5 of this Act continuing or of shares held by a person who refuses or fails to provide a statutory declaration under the provisions referred to in subparagraph (iii) or (iv); and
(iii) a person who becomes the holder of shares in the licensee is required to provide to the company a statutory declaration stating whether the shares are held by the person beneficially and, if not, who has beneficial interests in the shares and stating whether the person, or any person who has a beneficial interest in the shares, is in a position to exercise control of another licence, and giving particulars of any such position; and
(iv) a person holding shares in the licensee may be required by the licensee, from time to time, to provide to the licensee statutory declarations concerning matters relevant to his or her eligibility to continue to be the holder of those shares having regard to the provisions of Part 5 of this Act;
(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;
(e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee's broadcasting facilities, allow those persons access to and control over those facilities;
(f) if the licence is a broadcasting services bands licence—the licensee will keep in force a licence under the Radiocommunications Act 1992 that authorises operation by the licensee of the radiocommunications devices used to provide broadcasting services;
(h) the licensee will not use broadcasting services in the commission of an offence against another Act or a law of a State or Territory;
(ha) the licensee will not contravene the anti‑hoarding rule (within the meaning of section 146E);
(i) the licensee will commence to provide at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;
(j) the licensee will comply with the requirements of clauses 3, 3A, 3B, 4 and 5;
(o) if a provision of Part 9D (which deals with captioning of television programs for the deaf and hearing impaired) applies to the licensee—the licensee will comply with that provision;
(oa) the licensee will comply with any standards under section 130A (which deals with technical standards for digital transmission);
(p) if the licensee holds a transmitter licence under section 101B, 101C, 102 or 102A of the Radiocommunications Act 1992 that authorises the operation of a transmitter—the licensee will not operate, or permit the operation of, that transmitter to transmit in digital mode:
(i) a commercial broadcasting service that provides radio programs; or
(ii) a subscription radio broadcasting service; or
(iii) a subscription television broadcasting service; or
(iv) a subscription radio narrowcasting service; or
(v) a subscription television narrowcasting service; or
(vi) an open narrowcasting radio service; or
(vii) an open narrowcasting television service;
(q) the licensee will comply with a requirement that is applicable to the licensee under section 61BB (which deals with the disclosure of cross‑media relationships);
(r) the licensee will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide a commercial television broadcasting service under the licence;
(s) if a television licence area plan applies to the licence area—the licensee will comply with subsection 26AA(1).
(2) Each commercial television broadcasting licence is also subject to the following conditions: