2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Zed Seselja)

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Mr Zed Seselja)

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.

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.

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.

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.

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).

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.

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).

(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.

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).

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.

(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;

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;

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;

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;

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;

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;

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;

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.

privacy laws

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.

The Executive may make regulations for this Act.

Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act.

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.

Presentation speech made in the Legislative Assembly on 2008.

Notified under the Legislation Act on 2008.

For the latest republication of amended laws, see www.legislation.act.gov.au.