Australian Capital Territory Current Acts

ELECTORAL ACT 1992 - SECT 226

    (1)     If an election has taken place—

        (a)     each broadcaster who broadcast an electoral advertisement during the pre-election period with the authority of a participant in the election; and

        (b)     each publisher who published an electoral advertisement in a news publication during the pre-election period with the authority of a participant in the election;

shall give the commissioner a return before the end of 8 weeks after polling day in the election.

Note 1     If a form is approved under s 340A (Approved forms) for a return, the form must be used.

Note 2     For how a return may be given, see Legislation Act 2001

, pt 19.5.

    (2)     A return shall specify the following particulars in relation to the advertisement:

        (a)     the broadcasting service as part of which the advertisement was broadcast or the news publication in which the advertisement was published;

        (b)     the name and address of the person at whose request the advertisement was broadcast or published;

        (c)     the name and address of the participant in the election with whose authority the advertisement was broadcast or published;

        (d)     the date or dates when, and, for an advertisement that was broadcast, the times between which, the advertisement was broadcast or published;

        (e)     for a published advertisement—the page on which the advertisement was published and the space occupied by it;

        (f)     whether or not, on each occasion when the advertisement was broadcast or published, a charge was made by the broadcaster or publisher for the broadcasting or publication of the advertisement;

        (g)     if a charge referred to in paragraph (f) was made—the amount of the charge.

    (3)     If a broadcaster or publisher specifies in a return the amount of a charge in accordance with subsection (2) (g), the broadcaster or publisher shall state in the return whether or not the charge is at less than normal commercial rates having regard to—

        (a)     for a broadcast advertisement—the length of the advertisement and the day or days when, and the times between which, it was broadcast; or

        (b)     for a published advertisement—the space occupied by the advertisement and the nature of the news publication.

    (4)     A publisher is not required to give the commissioner a return under subsection (1) in relation to an election if the amount of the charges made by the publisher in relation to the publication of any advertisements to which that subsection applies, in relation to that election and any other election that took place on the same day as the firstmentioned election, does not exceed $1 000.

    (5)     A return under subsection (1) may refer to more than 1 advertisement.