Broadcasting Act 1989 No 25 (as at 01 July 2011), Public Act

76A Power of Electoral Commission to vary allocations
  • (1) If, after any allocation is made under section 73 or section 74A,—

    • (a) a broadcaster in respect of which an allocation of time has been made ceases to be a broadcaster; or

    • (b) a political party does not accept any allocation of time under section 73 or any allocation of money under section 74A; or

    • (c) the party ceases to be registered; or

    • (d) the party fails to submit a list of candidates for election to the seats reserved for those members of Parliament elected from lists pursuant to section 127 of the Electoral Act 1993; or

    • (da) the party fails to comply with any conditions imposed by the Electoral Commission under section 74A(2)(b) requiring the political party or group of related political parties to advise the Electoral Commission of the value of election programme bookings made by the political party or group of related parties; or

    • (e) the relationship of the party with any other political party has changed to a significant extent; or

    • (f) [Repealed]

    the Electoral Commission may, subject to subsection (4), vary the allocation under section 73 or section 74A, as the case may require.

    (2) The varying of any allocation pursuant to this section shall not require the Electoral Commission to grant to any political party the opportunity to meet with and be heard by the Electoral Commission.

    (3) The Electoral Commission shall, in varying any allocation pursuant to this section, have regard to—

    • (a) the views of political parties received by the Electoral Commission in the course of consultations undertaken in accordance with section 76; and

    • (b) such of the matters referred to in sections 73, 74A, and 75, as the case may require.

    (4) Where effect has been given in whole or in part to an allocation made under section 73 or section 74A to a political party, the Electoral Commission shall not vary the allocation pursuant to this section unless—

    • (a) the registration of that political party is cancelled under section 70 of the Electoral Act 1993; or

    • (b) the secretary of a political party has failed to submit a list of candidates for election under section 127 of the Electoral Act 1993.

    • (c) [Repealed]

    Section 76A: substituted, on 1 July 1996, by section 19 of the Broadcasting Amendment Act 1996 (1996 No 53).

    Section 76A(1)(da): inserted, on 7 December 2004, by section 14(1) of the Broadcasting Amendment Act 2004 (2004 No 100).

    Section 76A(1)(f): repealed, on 7 December 2004, by section 14(2) of the Broadcasting Amendment Act 2004 (2004 No 100).

    Section 76A(4)(b): substituted, on 7 December 2004, by section 14(3) of the Broadcasting Amendment Act 2004 (2004 No 100).

    Section 76A(4)(c): repealed, on 7 December 2004, by section 14(3) of the Broadcasting Amendment Act 2004 (2004 No 100).