Do election advertisements have to be authorised?

Yes. Section 328 (1) of the Commonwealth Electoral Act 1918 (CEA) requires all electoral advertisements to include the name and address of the person who authorised the advertisement and, except in the case of newspapers, the name and place of business of the printer at the end.

Electoral advertisements must be authorised at all times, and not just during an election period.

Is there a media blackout on election advertising?

Under Schedule 2 of the Broadcasting Services Act 1992, which is administered by the Australian Communications and Media Authority (ACMA), election advertising in the electronic media is subject to a 'blackout' from midnight on the Wednesday before polling day to the end of polling on the Saturday. This three-day blackout effectively provides a “cooling off” period in the lead up to polling day, during which political parties, candidates and others are no longer able to purchase time on television and radio to broadcast political advertising.

I want to make a complaint about an Advertisement

The most common complaints received by the Australian Electoral Commission (AEC) at election time concern possible breaches of ss 328, 329 and 331 of the CEA.

If you wish to make a complaint regarding electoral advertising it must be made in writing, addressed to the Electoral Commissioner (PO Box 6172, Kingston. ACT. 2604), and be accompanied by original examples of the material in question; e.g. a How-To-Vote card or other electoral advertisement. This provides the context for preliminary assessment of the advertisement and also enables it to be tendered in court if proceedings are undertaken at a later date. The complainant should also provide as much additional information as possible to enable assessment of the alleged breach.

If the AEC has any doubt as to whether the material contravenes the CEA, the material will be referred to the Commonwealth Director of Public Prosecutions for advice.

Further Information

Further information on the broadcasting of election advertisements can be found in Electoral Backgrounder No. 15 – Electoral Advertising [PDF 382KB]

or by contacting the ACMA at:

Codes and Conditions Section
Australian Communications and Media Authority
Level 15, Darling Park
201 Sussex Street
Sydney NSW 2000

Or

PO Box Q500
Queen Victoria Building
Sydney NSW 1230
Phone (02) 9334 7700
Fax (02) 9334 7799