Broadcasting Amendment Act (No 2) 2007

1: Title
This Act is the Broadcasting Amendment Act (No 2) 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Broadcasting Act 1989 2007-12-20 Broadcasting Act 1989
4: Interpretation
Section 2(1) election programme
a: in the definition of advertising programme sections 8 and 21 Part 6
b: in Part 6 section 69 .
5: Right of complainant to refer formal complaint to Authority
1: Section 8 subsections (1) and (1A)
1: A complainant must refer the complaint directly to the Authority if the complaint is that an election programme did not meet 1 or more of the standards in section 4(1)(a) to (c) and (e)
1A: A complainant may refer the complaint directly to the Authority if—
a: the complaint is that a broadcaster failed to comply with section 4(1)(c)
b: the complainant chooses to refer the complaint directly to the Authority.
1B: A complainant may refer the complaint to the Authority if the complainant—
a: made the complaint under section 6(1)(a)
b: is dissatisfied with—
i: the decision of the broadcaster; or
ii: the action taken by the broadcaster.
1C: A complainant may refer the complaint to the Authority if—
a: the complaint is about a programme other than an election programme; and
b: at least 20 working days have passed since the broadcaster received the complaint; and
c: the broadcaster has not notified the complainant of—
i: the decision of the broadcaster; or
ii: the action taken by the broadcaster; and
d: the broadcaster—
i: has not given the complainant a notice under subsection (1D)
ii: has given the complainant a notice under subsection (1D) subsection (1D)(c)
1D: A broadcaster that receives a complaint under section 6
a: stating that the broadcaster will be unable to make a decision or take action on the complaint within 20 working days after receiving the complaint; and
b: stating the reasons why the broadcaster will be unable to do so; and
c: stating that the broadcaster will tell the complainant about its decision or action on the complaint within 40 working days after the broadcaster received the complaint.
2: Section 8(2) Subsection (1) of this section Subsections (1) to (1D)
6: New section 9 substituted
Section 9
9: Time limits
1: The Authority must not accept a complaint made outside the period specified for the complaint in this section.
2: A complaint under section 8(1)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 60 working days later.
3: A complaint under section 8(1A)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 20 working days later.
4: A complaint under section 8(1B)
a: starting on the first working day after the day on which the complainant received notice of the broadcaster's decision or action on the complaint; and
b: ending 20 working days later.
5: A complaint under section 8(1C)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 60 working days later.
7: Functions of Authority
Section 21(1) paragraph (b)
b: to receive and determine complaints that election programmes did not meet 1 or more of the standards in section 4(1)(a) to (c) and (e)
ba: to receive and determine complaints when—
i: the complaint is that a broadcaster failed to comply with section 4(1)(c)
ii: the complainant has chosen to refer the complaint directly to the Authority; and .
8: Prohibition on paid election programmes
Section 70(2)(c)(iv) 3 months preceding polling day for the election election period


Electoral Amendment Act 2007

1: Title
This Act is the Electoral Amendment Act 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Electoral Act 1993 2007-12-20 Electoral Act 1993
4: Interpretation
1: Section 3(1) anonymous election expenses
2: Section 3(1) corrupt practice corrupt practice Electoral Finance Act 2007 .
3: Section 3(1) illegal practice illegal practice Electoral Finance Act 2007 .
5: Electoral Commission
Section 4 and the Electoral Finance Act 2007 Act
6: Functions
Section 5 paragraph (c)
c: to supervise political parties' and third parties' compliance with the requirements of the Electoral Finance Act 2007 .
7: Membership
1: Section 8(4)
2: Section 8(5)
8: Term of office
Section 10
9: Vacation of office of additional members who hold office for purposes of jurisdiction under
Part 6 of Broadcasting Act 1989 Section 11
10: Appointment of deputies
Section 11A(1) or section 8(4)(b)
11: Chief Electoral Officer
Section 18 and the Electoral Finance Act 2007 into
12: Application for registration
1: Section 63(2)(c)(v) section 214D section 10 of the Electoral Finance Act 2007
2: Section 63(2)(c)
viii: set out in the form required by the Electoral Commission the name, address, and contact details of the person, being a person eligible for appointment under section 9 of the Electoral Finance Act 2007
3: Section 63
5: For the purposes of subsection (2)(c)(v) and (viii) address
a: in relation to an individual, the full address of the place where that person usually lives:
b: in relation to a body corporate or unincorporated, the full address of its principal place of business or head office.
13: Registration
Section 67(3)(f)
14: Deposit by party secretary
1: Section 127A(4)(a) section 214C section 106 of the Electoral Finance Act 2007
2: Section 127A(4)(b) under section 214E obtained under section 107 of the Electoral Finance Act 2007
15: Acceptance or rejection of lists by Chief Electoral Officer
Section 128(1) paragraph (d)
da: if the list is submitted by a party that—
i: is listed as a third party under section 18 of the Electoral Finance Act 2007
ii: has submitted a non-contest declaration under section 15(4) of the Electoral Finance Act 2007 section 18 of that Act .
16: Deposit by candidate
Section 144(4) a duly completed return under section 210 from that candidate duly completed returns under sections 45 and 86 of the Electoral Finance Act 2007
17: Acceptance or rejection of nomination
Section 145(1) paragraph (c)
ca: if the nomination paper indicates that the candidate is a candidate for a political party that—
i: is listed as a third party under section 18 of the Electoral Finance Act 2007
ii: has submitted a non-contest declaration under section 15(4) of the Electoral Finance Act 2007 .
18: Deposit payable in respect of bulk nomination schedule
Section 146F(4) a return under section 210 from every constituency candidate nominated in the bulk nomination schedule duly completed returns under sections 45 and 86 of the Electoral Finance Act 2007
19: Acceptance or rejection of bulk nomination schedule or nomination of candidate
Section 146G(1) paragraph (d)
da: if the schedule is lodged by a party that—
i: is listed as a third party under section 18 of the Electoral Finance Act 2007
ii: has submitted a non-contest declaration under section 15(4) of the Electoral Finance Act 2007 .
20: Interfering with or influencing voters
Section 197(1) $5,000 $20,000
21: Repeals
1: The headings above each of sections 206, 214A, 214B, 214F, and 214K
2: The following sections are repealed:
a: sections 206 to 211
b: sections 213 to 214L
c: sections 219, 221, 221B, 267A, and 267B
22: Electoral advertisements
Section 221A(1) (not being an election advertisement as defined in section 5 of the Electoral Finance Act 2007 election
23: Providing money for illegal purposes
Section 220 , or for any election expenses incurred in excess of the maximum amount allowed by this Act, or for repaying money expended in any such payment or expenses, , or for repaying any money expended in any such payment,
24: Punishment for corrupt or illegal practice
1: Section 224(1)(a)
a: omitting 1 year 2 years
b: omitting $4,000 $40,000
2: Section 224(1)(b) $3,000 $10,000
3: Section 224 subsection (2)
2: Nothing in this section applies in relation to a corrupt practice under any of the following:
a: section 201
b: the Electoral Finance Act 2007
c: section 43 of the Citizens Initiated Referenda Act 1993
d: section 54 of the Compulsory Retirement Savings Scheme Referendum Act 1997
25: New section 226A inserted
The following section is inserted after section 226
226A: Power to issue search warrants in respect of illegal practice
1: A search warrant may be issued under section 198 of the Summary Proceedings Act 1957
a: has been committed; or
b: is suspected to have been committed; or
c: is believed to be intended to be committed.
2: Subsection (1)
3: Where a search warrant is issued under section 198 of the Summary Proceedings Act 1957 subsection (1)
a: section 198A
b: section 198B
c: section 199
4: It is declared that a person who, under section 199 of the Summary Proceedings Act 1957 subsection (3) subsection (1)
a: for the purposes of section 199 of that Act
b: for the purposes of investigating or prosecuting an offence; or
c: for the purpose of an appeal or other application that relates to an offence; or
d: for the purposes of complying with any enactment or any order or direction of a court of competent jurisdiction.
26: Schedule 1 amended
Clause 1 of Schedule 1