Broadcasting Act 1989 No 25 (as at 14 March 2008), Public Act

75 Criteria in relation to allocation of time and money to political parties
  • (1) The Electoral Commission must not allocate any time to a political party under section 73, or make an allocation of money to a political party under section 74A, in respect of an election unless—

    • (a) that party was registered on the Register of Political Parties at the time of the dissolution of Parliament for the election or, as the case requires, at the time that Parliament expired; and

    • (b) that party has given to the Electoral Commission, in relation to that election, a notice that complies with the requirements of sections 70A(3), 70B, and 70C.

    (2) The Electoral Commission shall, in allocating time to a political party under section 73 or in making under section 74A an allocation of money to a political party, have regard to—

    • (a) the number of persons who voted at the immediately preceding general election for that party and for candidates belonging to that political party; and

    • (b) the number of persons who voted at any by-election held since the immediately preceding general election for any candidate belonging to that political party; and

    • (c) the number of members of Parliament who were members of that political party immediately before the dissolution or expiration of Parliament; and

    • (d) any relationships that exist between a political party and any other political party; and

    • (e) any other indications of public support for that political party such as the results of public opinion polls and the number of persons who are members of that political party; and

    • (f) the need to provide a fair opportunity for each political party to which subsection (1) applies to convey its policies to the public by the broadcasting of election programmes on television.

    (3) Despite anything in subsection (1) or subsection (2), an allocation of time to a political party made under section 73 in respect of an election period, or a decision made under section 74A in respect of an election period, may be made before the beginning of the election period.

    Section 75: substituted, on 1 July 1996, by section 19 of the Broadcasting Amendment Act 1996 (1996 No 53).

    Section 75(1): substituted, on 7 December 2004, by section 12(1) of the Broadcasting Amendment Act 2004 (2004 No 100).

    Section 75(2)(c): substituted, on 7 December 2004, by section 12(2) of the Broadcasting Amendment Act 2004 (2004 No 100).

    Section 75(2)(f): amended, on 7 December 2004, by section 12(3) of the Broadcasting Amendment Act 2004 (2004 No 100).

    Section 75(3): substituted, on 7 December 2004, by section 12(4) of the Broadcasting Amendment Act 2004 (2004 No 100).