Broadcasting Amendment Act 1990
Broadcasting Amendment Act 1990
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Broadcasting Amendment Act 1990
Broadcasting Amendment Act 1990
Public Act |
1990 No 2 |
|
Date of assent |
9 March 1990 |
|
Contents
An Act to amend the Broadcasting Act 1989
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Broadcasting Amendment Act 1990, and shall be read together with and deemed part of the Broadcasting Act 1989 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the 10th day of March 1990.
2 Right of complainant to refer formal complaint to Authority
Section 8(b) of the principal Act is hereby amended by inserting, after the words “within 60 working days after receiving the complaint”
, the words “, or, in the case of a complaint in relation to an election programme broadcast free of charge pursuant to Part VI of this Act, within 48 hours after receiving the complaint”
.
3 Interpretation
(1)
Section 69 of the principal Act is hereby amended by inserting, before the definition of the term “election”
, the following definition:
“‘Candidate’ means any person who has been nominated as a candidate for a seat in the House of Representatives:”.
(2)
Section 69 of the principal Act is hereby further amended by adding the following definition:
“‘Major political party’ means a political party classified under section 74(2) of this Act as a major political party.”
4 New sections substituted
The principal Act is hereby amended by repealing sections 71 and 72, and substituting the following sections:
“71 Obligations of broadcasters in relation to provision to political parties free of charge of broadcasting time and production facilities
Subject to sections 72 to 80 of this Act,—
“(a)
Every broadcaster shall permit political parties to broadcast in each election period, election programmes free of charge; and
“(b)
Every free-to-air television broadcaster shall, to the extent required by any determination under section 77a(5) of this Act, provide production facilities for any election programme comprising the opening address of a political party or for any election programme comprising the closing address of a political party or for both.
“72 Determination of amount of time to be made available by each broadcaster
“(1)
Subject to subsection (2) of this section and to sections 72a, 72b, 73, 76, and 77a of this Act, the Authority shall determine, in respect of each election period, the amount of time each broadcaster named in the determination shall make available to political parties for the broadcasting of election programmes free of charge.
“(2)
Subject to subsection (3) of this section, the amount of time to be made available in each election period to political parties for the broadcasting of election programmes free of charge by free-to-air television broadcasters named in the determination shall be divided equally among those broadcasters.
“(3)
Where a free-to-air television broadcaster named in the determination operates two or more free-to-air television broadcasting stations that are used for the broadcasting of programmes that are received in the same area, that free-to-air television broadcaster shall be required to make available an amount of time in respect of each such station as if each such station were operated by a different broadcaster.
“(4)
Where a group of television broadcasting stations in common ownership, such as those operated for the purposes of TV1, are normally operated together as a network, that group shall, for the purposes of this section and section 72a of this Act, be deemed to be one television broadcasting station.
“(5)
Where a group of radio broadcasting stations in common ownership, such as those operated for the purposes of the service known as National Radio, are normally operated together from time to time as a network, that group shall, for the purposes of this section and section 72a of this Act, be deemed to be one radio broadcasting station.
“(6)
Where no licence held under the Radiocommunications Act 1989 by a free-to-air television broadcaster in respect of a television broadcasting station is a licence issued for a period of more than 3 months, that free-to-air television broadcaster shall not, by reason of being such a broadcaster, be named in a determination made under subsection (1) of this section.
“(7)
In this section,—
“‘Broadcasting station’ does not include a broadcasting station operating under a licence issued under the Radiocommunications Act 1989 for a period of 3 months or less:
“‘Network’ means the provision of a programme by broadcast on 2 or more broadcasting stations linked for that purpose.
“72a Limits on amount of time
“(1)
The time made available free of charge on any one free-to-air television broadcasting station, by virtue of a determination under section 72(1) of this Act, shall not exceed,—
“(a)
In the case of all political parties, an aggregate of 200 minutes in any one election period; or
“(b)
In the case of each major political party, a total of 80 minutes in any one election period; or
“(c)
In the case of all political parties (other than major political parties), an aggregate of 40 minutes in any one election period.
“(2)
The time made available free of charge on any one radio broadcasting station, by virtue of a determination under section 72(1) of this Act, shall not exceed,—
“(a)
In the case of all political parties, an aggregate of 12 minutes on any one day; or
“(b)
In the case of each major political party, a total of 60 minutes in any one election period; or
“(c)
In the case of all political parties (other than major political parties), an aggregate of 30 minutes in any one election period.
“(3)
Nothing in this section applies in relation to time allocated by or under section 77a of this Act for the broadcasting of opening addresses and closing addresses on behalf of political parties.
“72b Radio election programmes confined to broadcasting stations that broadcast advertising programmes
Except as provided in section 77a(2) of this Act, nothing in this Part of this Act requires an election programme to be broadcast on a radio broadcasting station that does not broadcast advertising programmes.”
5 Consultation with broadcasters
Section 73 of the principal Act is hereby amended by inserting, after the expression “section 72(1)”
in both places where it appears, the words “or section 77a”
.
6 Obligation of political parties to give notice to Authority
The principal Act is hereby amended by inserting, after section 73, the following section:
“73a
“(1)
In the year 1990 and thereafter in every year in which a Parliament is due to expire, the Authority shall specify, by notice in the Gazette, a date by which any political party that considers that it will qualify for an allocation of time under section 74 of this Act in respect of the election period that will apply in relation to the general election to be held in that year, must notify the Authority in writing that it considers itself to be so qualified.
“(2)
The date specified under subsection (1) of this section may be a date before the beginning of the election period.
“(3)
Each political party that considers that it will qualify for an allocation of time under section 74 of this Act in respect of an election period shall notify the Authority in writing that it considers itself to be so qualified.
“(4)
Every notice given under subsection (3) of this section shall be given—
“(a)
Where a date has been specified under subsection (1) of this section, not later than that date; and
“(b)
In any other case, as soon as practicable after writ day and before noon on nomination day.
“(5)
Every notice given under subsection (3) of this section shall state, among other things,—
“(a)
The full name of the political party; and
“(b)
In respect of each person belonging to the political party who has declared his or her intention of becoming a candidate at that election,—
“(i)
The full name of that person; and
“(ii)
The electoral district for which that person intends to be a candidate.
“(6)
Where a political party states, pursuant to subsection (5)(b) of this section, that a person has declared his or her intention of becoming a candidate at an election, that person shall, until noon on nomination day for that election, be deemed, for the purposes of subsections (1)(c) and (1)(d)(i) of section 75 of this Act, to be a candidate at that election, whether that person is nominated or not.”
7 Allocation of time to political parties
Section 74 of the principal Act is hereby amended by repealing subsection (2), and substituting the following subsection:
“(2)
The Authority, in allocating time to political parties under subsection (1) of this section, shall classify as major political parties for the purposes of this Part of this Act, the political parties that, in the opinion of the Authority, are entitled to a maximum allocation of broadcasting time.”
8 Criteria in relation to allocation of time to political parties
Section 75 of the principal Act is hereby amended by adding the following subsection:
“(3)
Notwithstanding anything in subsection (1) or subsection (2) of this section, an allocation under section 74 of this Act of time in an election period may be made before the beginning of that election period.”
9 Consultation with political parties
(1)
Section 76(1) of the principal Act is hereby amended by inserting, after the expression “section 72”
, the words “or section 77a”
.
(2)
Section 76 of the principal Act is hereby amended by repealing subsection (3), and substituting the following subsection:
“(3)
The failure of any political party to give a notice in accordance with section 73a of this Act or to avail itself of the opportunity to meet with and be heard by the Authority under subsection (1) of this section, or to comply with any other request of the Authority, shall not—
“(a)
Prevent the making by the Authority of determinations under section 72 or section 77a of this Act or of decisions on the allocation of time under section 74 of this Act; or
“(b)
Affect the validity of those determinations or decisions.”
10 Power of Authority to vary determinations or allocations
The principal Act is hereby amended by inserting, after section 76, the following section:
“76a
“(1)
The Authority may vary a determination under section 72 of this Act, or an allocation made under section 74 of this Act, if, after that determination or that allocation is made—
“(a)
The number of broadcasters to whom the determination applies, or should apply, changes; or
“(b)
The number of persons who are candidates belonging to a political party changes.
“(2)
The varying of a determination or an allocation pursuant to this section shall not require the Authority—
“(a)
To grant to any broadcaster the opportunity to give the comments of the broadcaster on the varied determination to the Authority; or
“(b)
To grant to any political party the opportunity to meet with and be heard by the Authority.
“(3)
The Authority shall, in varying any determination or allocation pursuant to this section, have regard to—
“(a)
The views of broadcasters and political parties received by the Authority in the course of consultations undertaken in accordance with sections 73 and 76 of this Act; and
“(b)
Such of the matters referred to in sections 72, 74, and 75 of this Act as the case may require.”
11 Broadcasting of election programmes
The principal Act is hereby amended by repealing section 77, and substituting the following section:
“77
(1)
Subject to this section and to sections 72, 72a, 72b, 77a, and 77b of this Act, every broadcaster to which a determination of the Authority under section 72 or section 77a of this Act applies shall broadcast election programmes on behalf of every political party allocated time for the broadcasting of election programmes free of charge on stations operated by the broadcaster.
“(2)
Subject to sections 72, 77a, and 77b of this Act, every broadcaster to which subsection (1) of this section applies shall act—
“(a)
In accordance with the allocation of time under section 74 of this Act applying to the broadcaster; and
“(b)
In accordance with the requirements of each political party as to the time of broadcast of the election programmes.
“(3)
In the event of any dispute between—
“(a)
Any broadcaster and any political party; or
“(b)
Any broadcaster and any other broadcaster; or
“(c)
Any political party and any other political party—
concerning the time at which any election programme is to be broadcast, the Authority shall decide the matter in dispute.
“(4)
Every decision of the Authority under subsection (3) of this section shall be final.”
12 New sections inserted
The principal Act is hereby amended by inserting, after section 77, the following sections:
“77a Opening addresses and closing addresses
“(1)
Where time is allocated to a political party under section 74(1) of this Act for the broadcasting of television programmes free of charge, that political party may, in addition,—
“(a)
Broadcast free of charge in the first week of the election period an election programme consisting of an opening address on behalf of that political party; and
“(b)
Broadcast free of charge in the last week of the election period an election programme consisting of a closing address on behalf of that political party.
“(2)
Every opening address and every closing address broadcast pursuant to subsection (1) of this section—
“(a)
Shall be broadcast simultaneously at such time as the Authority shall determine on—
“(i)
All free-to-air television broadcasting stations used for the broadcasting of election programmes free of charge pursuant to a determination in force under section 72(1) of this Act; and
“(ii)
National Radio; and
“(b)
Shall not be broken by advertising programmes.
“(3)
In the case of a major political party—
“(a)
The election programme comprising its opening address shall be a continuous broadcast for a period of 30 minutes or for such shorter continuous period as that political party elects; and
“(b)
The election programme comprising its closing address shall be a continuous broadcast for a period of 10 minutes, or for such shorter continuous period as that political party elects.
“(4)
In the case of a political party that is not a major political party,—
“(a)
The election programme comprising its opening address shall be a continuous broadcast of such duration as is determined by the Authority, or of such shorter duration as that political party elects:
“(b)
The election programme comprising its closing address shall be a continuous broadcast of such duration as is determined by the Authority or of such shorter duration as that political party elects.
“(5)
The Authority shall determine, in relation to each political party to which time is allocated under section 74(1) of this Act, the free-to-air television broadcaster which is to produce for simulcasting the opening address and the closing address of that political party.
“(6)
A sum on account of the production costs shall be paid by the Secretary of Commerce out of public money appropriated by Parliament for the purpose to the free-to-air television broadcaster by which an opening address or a closing address is produced.
“(7)
The amounts to be paid under subsection (6) of this section shall be determined in each case by the Authority.
“77b Duration of television programmes
Where time is allocated to a political party under section 74(1) of this Act for the broadcasting of television programmes free of charge, each such election programme broadcast on television shall have a duration of at least 30 seconds.”
13 Simulcasting of free-to-air television programmes
The principal Act is hereby amended by repealing section 78.
This Act is administered in the Ministry of Commerce.
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Broadcasting Amendment Act 1990
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