Government Advertising Amendment (Certification Arrangements) Regulation 2013 (NSW)

2013 No 303

New South Wales

Government Advertising Amendment

(Certification Arrangements)

Regulation 2013

under the

Government Advertising Act 2011

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Government Advertising Act 2011.

BARRY O'FARRELL, MP

Premier

Explanatory note
The objects of this Regulation are as follows:

(a)	to exempt routine government advertising campaigns from requirements under the Government Advertising Act 2011 relating to government advertising campaigns,
(b)	to make any such exemption for a campaign conditional on the provision of a certificate by an authorised officer that the campaign is accurate, necessary for a public purpose and efficient and cost effective for achieving that purpose.

This Regulation is made under the Government Advertising Act 2011, including sections 4 (5) and 15 (the general regulation-making power).

Published LW 21 June 2013	Page 1
2013 No 303	Government Advertising Amendment (Certification Arrangements)
Clause 1	Regulation 2013

Government Advertising Amendment (Certification

Arrangements) Regulation 2013

under the

Government Advertising Act 2011

1      Name of Regulation

This Regulation is the Government Advertising Amendment
(Certification Arrangements) Regulation 2013.

2      Commencement

This Regulation commences on the day on which it is published on the
NSW legislation website.

Government Advertising Amendment (Certification Arrangements)	2013 No 303
Regulation 2013
Amendment of Government Advertising Regulation 2012	Schedule 1
Schedule 1	Amendment of Government Advertising Regulation 2012

Clause 5

Insert after clause 4:

5      Exemption of routine advertising from requirement for head of agency compliance certificate

(1)  This clause applies to Government advertising campaigns (routine campaigns) where the cost of the campaign is not likely to exceed $50,000 and the campaign principally involves the dissemination of any of the following:

(a)

information about routine matters relating to the provision of services, including notification of service changes,

(b)

information about requirements imposed on persons,

(c)

community announcements or notices about community events or activities,

(d)

notices or announcements required to be made by or under any law,

(e)

recruitment notices,

(f)

government tender or procurement notices.

(2)

A routine campaign, and the Government agency concerned, are
exempt from section 8 of the Act if:

(a)	the campaign is procured on behalf of the agency by a member of staff, or a member of staff who is a member of a class of members of staff, authorised in writing by the head of the agency, and
(b)	the authorised officer is otherwise authorised to incur the expenditure on behalf of the agency, and
(c)	the authorised officer certifies in writing, before or after the campaign begins, that the campaign:

(i)      is a campaign to which this clause applies, and

(ii)      complies with the Act, the regulations and the Government advertising guidelines, and

(iii)      contains accurate information, and

(iv)      is necessary to achieve a public purpose, and

(v)      is an efficient and cost effective means of achieving that purpose.