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This is a Bill, not an Act. For current law, see the Acts databases.
GOVERNMENT AGENCIES (CAMPAIGN ADVERTISING) BILL 2008
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Zed Seselja)
Government
Agencies (Campaign Advertising) Bill 2008
Contents
Page
2008
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Mr Zed Seselja)
Government Agencies
(Campaign Advertising) Bill 2008
A Bill for
An Act about campaign advertising by government
agencies
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Government Agencies (Campaign Advertising)
Act 2008.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere.
For example, the signpost definition ‘general
election—see the Electoral Act 1992, dictionary.’
means that the term ‘general election is defined in that dictionary and
the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
The object of this Act is to prevent the use of public funds for
advertising or other communications for party political purposes.
Part
2 Important
concepts
The following general principles apply to the use of public funds for
government campaigns:
(a) members of the public have the right to access comprehensive
information about government policies, programs and services which affect their
entitlements, rights and obligations;
(b) governments may use public funds for information programs and
education campaigns to explain government policies, programs or services and to
tell members of the public about their entitlements, rights and
obligations;
(c) information programs and education campaigns must not be conducted for
party political purposes.
7 What
is a government agency?
In this Act:
government agency means:
(a) an administrative unit; or
(b) a territory instrumentality; or
(c) a statutory office-holder and the staff assisting the statutory
office-holder.
8 What
is a government campaign?
In this Act:
government campaign—
(a) means the dissemination by a government agency of information to
members of the public about a government program, policy or matter which affects
their entitlements, rights or obligations; and
(b) includes an information program or education campaign to explain the
program, policy or matter; but
(c) does not include any of the following:
(i) advertisements for stated jobs;
(ii) tender advertising;
(iii) other routine advertising carried out by an agency in relation to
its operational activities.
Examples—par (c)
(iii)
1 notices about traffic or transport
2 notice of garbage collection times
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
9 What
are campaign costs?
In this Act:
campaign costs—
(a) means the cost of the development, production and conduct of
government campaigns; and
(b) includes the costs relating to using the media.
Examples—campaign
costs
1 cost of using market research agencies, public relations consultants or
advertising agencies to develop information
2 production costs of press, radio, on-line or other electronic media,
cinema or television advertisements
3 production costs of audio-visual material
4 production costs of pamphlets and explanatory booklets
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
Part
3 Requirements for government
campaigns
10 Auditor-general
to review certain government campaigns
(1) If the campaign costs of a government campaign proposed by a
government agency are likely to exceed $20 000, the responsible Minister
for the agency must ask the auditor-general to review the proposed campaign and
report to the Minister about whether it complies with this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including guidelines (see
Legislation Act, s 104).
(2) The responsible Minister for a government agency may ask the
auditor-general to review, and report to the Minister about, a government
campaign proposed by the agency even if the campaign costs are not expected to
exceed $20 000 if the Minister considers that the subject matter of the
campaign is sensitive or otherwise considers that a review is
appropriate.
(3) If the auditor-general is asked to review a proposed government
campaign, the auditor-general must—
(a) review the campaign; and
(b) report to the responsible Minister on whether the campaign complies
with this Act.
11 Government
campaigns must comply with Act
The responsible Minister for a government agency may conduct a government
campaign only if—
(a) the responsible chief executive for the agency certifies that the
campaign complies with this Act; and
(b) if the campaign costs for the campaign are likely to exceed
$20 000—the auditor-general has reported to the responsible Minister
in relation to the compliance of the campaign with this Act.
Note A reference to an Act includes a reference to the statutory
instruments made or in force under the Act, including guidelines (see
Legislation Act, s 104).
12 Statement
of total campaign costs
The responsible Minister for a government agency that has undertaken a
government campaign must prepare a statement of the total campaign costs for the
campaign.
13 Minister
must make guidelines
(1) The Minister must make guidelines for this Act consistent with its
object and the general principles.
(2) Guidelines are a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) Without limiting subsection (1), the guidelines must include
provisions to the following effect:
(a) information in a government campaign must be relevant to current
government responsibilities;
Example—information relevant to
current government
1 information about existing or new government policies or policy changes
for which there is legislative authority, an appropriation or a current
government decision to implement
2 information about government programs or services or changes to programs
or services for which there is legislative authority, an appropriation or a
current government decision to implement
3 scientific, medical or health and safety information
4 information about government performance to facilitate accountability to
the public
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(b) information in a government campaign must be presented in an objective
and fair way and not include—
(i) comment or opinion; or
(ii) statements promoting the government’s performance;
Examples
1 objective facts and explanatory information are included
2 material presented as fact is based on and conforms with accurate,
verifiable facts
3 factual comparisons are presented in a way that is not misleading and
state the basis for comparison
4 existing policies, services or activities are not represented as
new
(c) information in a government campaign must not include slogans or other
advertising techniques;
Example—advertising
techniques
jingles
(d) information in a government campaign must be presented in a way that
is accessible and takes into account any special communication needs of
particular people or groups;
Examples—groups that may have special
communication needs
1 young people
2 Aboriginal and Torres Strait Islanders
3 people whose first language is not English
(e) information in a government campaign must not be directed at promoting
the government or party political interests in any way, including by way
of—
(i) content; or
(ii) source; or
(iii) reason; or
(iv) purpose; or
(v) choice of media; or
(vi) timing, geographic or demographic targeting; or
(vii) designed effect;
Examples—promoting government or party
political interests
1 mentioning the party in government or the party leader by
name
2 deriding the views, policies or actions of others, including policies and
opinions of opposition parties or groups
3 including party-political slogans or images
4 designing to influence public support for a political party, a candidate
for election, a Minister or a member of the Assembly
5 mentioning or linking to a website of a politician or a political
party
(f) information in a government campaign must be produced and distributed
in an efficient, effective and relevant way, with regard to
accountability;
Examples
1 justifiable by cost-benefit analysis in terms of community needs,
efficiency and effectiveness
2 clear audit trail regarding decision-making
3 current procurement policies and procedures for tendering, obtaining
services and employing consultants followed
(g) the presentation and delivery of information in a government campaign
must be clearly identified as part of a government campaign;
Example
a statement at the beginning and at the end of a television or radio
announcement
(h) a government campaign must be presented and delivered in a way that
recognises the diversity of the ACT community and the full participation of
women, and ethnic and Aboriginal and Torres Strait Islander communities, by
realistically representing their interests, lifestyles and contributions to
Australian society;
(i) the presentation and delivery of information in a government campaign
must comply with any relevant laws in force in the ACT.
Example
privacy laws
14 No
government campaigns before election
A government agency must not conduct a government campaign in the 12-week
period immediately before a general election.
Note The Minister may exempt a campaign from this Act in an
emergency, urgent circumstances or other extraordinary circumstances (see s
15).
(1) The Minister may exempt a campaign from this Act.
(2) However, the Minister may exempt a campaign only if satisfied it is
appropriate because of—
(a) an emergency; or
(b) extreme urgency; or
(c) other extraordinary circumstances.
(3) The Minister must tell the auditor-general, in writing, about an
exemption and the reasons for the exemption as soon as practicable after the
exemption is given.
(4) An exemption is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
15 Regulation-making
power
The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the Legislation Act.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACT
• auditor-general
• disallowable instrument (see s 9)
• Executive
• Minister (see s 162)
• notifiable instrument (see s 10)
• statutory office holder
• territory instrumentality.
campaign costs—see section 9.
general election—see the Electoral Act 1992,
dictionary.
government agency—see section 7.
government campaign—see section 8.
responsible chief executive—see the Auditor-General
Act 1996, dictionary.
responsible Minister, for a government agency, means
the Minister responsible for the administration of the agency.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2008.
2 Notification
Notified under the Legislation Act on 2008.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2008
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