70ABroadcasting of political or controversial matter

Start here

Get a plain-English read of 70A

Turn the raw legal text into a practical explanation grounded in Special Broadcasting Service Act 1991.

#### 70A Broadcasting of political or controversial matter (1) Subject to this Act, the SBS may determine to what extent and in what manner political matter or controversial matter will be broadcast by the SBS. Announcing required particulars (2) If the SBS broadcasts political matter at the request of another person, the SBS must, in accordance with any requirements determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this subsection: (a) if the matter was broadcast by radio—ensure that the required particulars in relation to the matter are announced; or (b) if the matter was televised: (i) ensure that the required particulars in relation to the matter are announced; and (ii) ensure that all the required particulars in relation to the matter are transmitted in the form of images of words. > Note: The SBS is taken to have ensured that required particulars are announced in certain circumstances (see subsection (7)). Keeping records (3) The SBS 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 section, 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. Definitions (5) In this section: > disclosure entity has the meaning given by: (a) section 321B of the Commonwealth Electoral Act 1918; or (b) paragraph (e) of the definition of disclosure entity in section 110A of the Referendum (Machinery Provisions) Act 1984. > person includes a political party, a corporation and any other association (whether incorporated or unincorporated); > political matter means any political matter, including the policy launch of a political party. > registered political party means a political party that is registered under Part XI of the Commonwealth Electoral Act 1918. > relevant town or city of an entity that authorised the broadcast of political matter means: (a) if the entity has a principal office—the town or city in which the office is located; or (b) if the entity does not have a principal office, but does have premises—the town or city in which the premises are located; or (c) otherwise—the town or city in which the natural person who was responsible for giving effect to the authorisation lives. > required particulars has the meaning given by subsection (6). > required period, in relation to the keeping of a record in relation to political matter, means the period of 2 years commencing on the day on which the matter was broadcast. Meaning of required particulars (6) The required particulars are: (a) the particulars set out in the following table; and (b) any other particulars determined under subsection 321D(7) of the Commonwealth Electoral Act 1918 for the purposes of this paragraph. ```html <table cellspacing="0" cellpadding="0" style="margin-left:0.25pt; border-collapse:collapse"><thead><tr><td colspan="3" style="width:343.6pt; border-top:1.5pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Required particulars</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">Item</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">If …</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the required particulars are the following …</td></tr></thead><tbody><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">1</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the broadcast is authorised by a disclosure entity that is not a natural person</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) the particulars of the name of the entity required by subsection (6A);(b) the relevant town or city of the entity;(c) the name of the natural person responsible for giving effect to the authorisation</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">2</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the broadcast is authorised by a disclosure entity who is a natural person</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) the name of the person;(b) the town or city in which the person lives</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">3</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the broadcast is authorised by an entity that is not a disclosure entity or a natural person</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:0.75pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) the name of the entity;(b) the relevant town or city of the entity</td></tr><tr><td style="width:24.9pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">4</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">the broadcast is authorised by a natural person who is not a disclosure entity</td><td style="width:148.55pt; border-top:0.75pt solid #000000; border-bottom:1.5pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top">(a) the name of the person;(b) the town or city in which the person lives</td></tr></tbody></table> ``` (6A) For the purposes of item 1 of the table in subsection (6), 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”. (6B) 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 subsection (6), the required particulars of the name of the entity are taken to be either: (c) the particulars referred to in paragraph (6A)(a); or (d) the registered abbreviation. Particulars taken to be announced (7) The SBS is taken to have ensured that required particulars are announced in relation to a political matter that it broadcasts 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 subsection (6); and (c) as a result of steps taken by the SBS, it was reasonable for the SBS 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 SBS 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.