premise that controls on “political broadcasting” were necessary to fairness in the electoral system.79 By political broadcasting the Royal Commission meant coverage of political parties, candidates and policies in news, current affairs and talkback programmes, and the allocation of broadcasting facilities to political competitors at election times for direct communication with the public.80 It focused on what it saw as the very important question of allocating radio and television time for political parties, addressing both the allocation of free time and restrictions on paid time. The Report contained just one peripheral reference to parallel campaigning in Australia.81 [93] Part 6 had two major elements when first enacted in May 1989 — a prohibition in s 70 on the broadcast of paid election programmes at any time, and a requirement that every broadcaster permit political parties to broadcast election programmes free of charge during election campaigns. It was amended in 1990 because of controversy about the compulsory provision of free broadcasting time by broadcasters. As first drafted, the Broadcasting and Radiocommunications Reform Bill 1990 would have amended s 70 to state that nothing in the prohibition applied to election programmes broadcast by a political party under pt 6 or paid for with money allocated to that party under s 74 of the Act. As amended, the Bill led to parties being allocated funds with which they could purchase broadcast time.82 The amendments confirm that, as the then Minister of Communications, the Hon Jonathan Hunt, said during the debates, the aim was to place broadcasting on a voluntary basis while prohibiting parties and candidates from buying election time or advertising free of charge.83 These amendments left unchanged the prohibition in s 70 on otherwise broadcasting election programmes within or outside election periods, except to remove the words “for a fee or other consideration”, to which we refer below at [102]. They tend to confirm that the legislature focused in 1990, as it had in 1989, on the use of broadcast media by political parties. 79 80 81 82 83 The Royal Commission on the Electoral System, above n 50, at [8.72]. At [8.73]. At [8.88]. The Commission noted that almost 35% of all reported candidate, party and interest group expenditure in the 1984 Australian elections went toward the purchase of broadcasting time. See the summary provided by Clifford J, High Court judgment, above n 1, at [154]. (21 August 1990) 510 NZPD 3637. See also the High Court judgment at [154].