Government Agencies (Campaign Advertising) Act 2009 (ACT)

Government Agencies (Campaign Advertising) Act 2009   

A2009-55

Republication No 3

Effective:  6 April 2022

Republication date: 6 April 2022

Last amendment made by A2022‑4

About this republication

The republished law

This is a republication of the Government Agencies (Campaign Advertising) Act 2009 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 April 2022.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 April 2022. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Government Agencies (Campaign Advertising) Act 2009

Contents

Page

Part 1      Preliminary

1            Name of Act  2

3            Dictionary  2

4            Notes  2

5            Object of Act  2

Part 2      Important concepts

6            General principles  3

7           What is a government agency?  3

8            Who is a responsible person?  4

9            What is a government campaign?  4

10          What are campaign costs?  5

11          What is party political?  5

Part 3      Campaign advertising reviewer

12          Appointment of reviewer  6

13          Reviewer’s functions  7

Part 4      Requirements for government campaigns

14          Reviewer to review certain government campaigns  8

15          Government campaigns must comply with Act  9

16          Statement of total campaign costs  9

17          Minister must make guidelines  9

18          Government campaigns before election restricted  12

Part 5      Reporting

19          Reviewer to prepare report  13

20          Reviewer to give report to Legislative Assembly  14

21          Reporting sensitive information  15

22          Reports to be given to Speaker  16

Part 6      Miscellaneous

23          Exemptions  17

24          Regulation-making power  17

Dictionary18

Endnotes

1            About the endnotes  19

2            Abbreviation key  19

3            Legislation history  20

4            Amendment history  20

5            Earlier republications  21

Government Agencies (Campaign Advertising) Act 2009

An Act about campaign advertising by government agencies

Part 1Preliminary

1. Name of Act

   This Act is the Government Agencies (Campaign Advertising) Act 2009.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The 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 2A 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)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Object of Act

   The object of this Act is to prevent the use of public funds for advertising or other communications for party political purposes.

Part 2Important concepts

1. General principles

   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.

2. 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; or

   (d)a territory-owned corporation.

3. Who is a responsible person?

   In this Act:

   responsible person, for a government agency, means—

   (a)for an administrative unit—the responsible Minister; and

   (b)for a territory instrumentality—the chief executive officer; and

   (c)for a statutory office-holder and the staff assisting the statutory office-holder—the statutory office-holder; and

   (d)for a territory-owned corporation—the chief executive of the corporation.

4. 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)dissemination of information about public health or safety programs, including road safety programs;

   (ii)advertisements for stated jobs;

   (iii)tender advertising;

   (iv)other routine advertising campaigns carried out by an agency in relation to its operational activities.

   Examples—par (c) (i)

   1     road safety programs about the dangers of drink driving, speeding or not wearing seatbelts

   2     public health programs about the dangers of smoking or obesity

   3     public health programs about losing weight and getting fit

   Examples—par (c) (iv)

   1     notices about traffic or transport

   2     notice of garbage collection times

   3     tourism campaigns

5. 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

6. What is party political?

   In this Act:

   party political—something is party political if it is designed to promote the policies, past performance, achievements or intentions of a program or the government with a view to advancing or enhancing a political party’s reputation rather than informing the public.

Part 3Campaign advertising reviewer

1. Appointment of reviewer

   (1)The Minister must appoint a person to be the campaign advertising reviewer (the reviewer).

   NoteFor the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   (2)The Minister must not appoint a person as reviewer unless satisfied that the person has experience or expertise in 1 or more of the following areas:

   (a)media and advertising;

   (b)legal;

   (c)government administration.

   (3)The reviewer must not be a public servant.

   (4)The Minister must not appoint a person as reviewer unless the Legislative Assembly has approved the appointment, by resolution passed by a majority of at least 2/3 of the members.

   (5)The reviewer must be appointed for not longer than 3 years.

   NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

   (6)The conditions of appointment of the reviewer are the conditions agreed between the Minister and the reviewer, subject to any determination under the Remuneration Tribunal Act 1995.

   (7)The Legislation Act, division 19.3.3 (Appointments—Assembly consultation) does not apply to the appointment of a reviewer.

2. Reviewer’s functions

   (1)The reviewer has the following functions:

   (a)to review proposed government campaigns to ensure campaigns comply with this Act;

   (b)to report to the responsible person and the Legislative Assembly the result of each review mentioned in paragraph (a).

   (2)The reviewer has any other function given to the reviewer by this Act.

   Note 1A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

   Note 2A provision of a law that gives an entity a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

Part 4Requirements for government campaigns    

1. Reviewer to review certain government campaigns

   (1)If the campaign costs of a government campaign proposed by a government agency are likely to exceed $40 000, the responsible person for the agency must ask the reviewer to review the proposed campaign and report to the responsible person about whether it complies with this Act.

   NoteA 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 person for a government agency may ask the reviewer to review, and report to the responsible person about, a government campaign proposed by the agency even if the campaign costs are not expected to exceed $40 000 if the responsible person considers that the subject matter of the campaign is sensitive or otherwise considers that a review is appropriate.

   (3)If the reviewer is asked to review a proposed government campaign, the reviewer must—

   (a)review the campaign; and

   (b)report to the responsible person on whether the campaign complies with this Act.

2. Government campaigns must comply with Act

   The responsible person for a government agency may conduct a government campaign only if—

   (a)the responsible person certifies that the campaign complies with this Act; and

   (b)if the campaign costs for the campaign are likely to exceed $40 000—the reviewer has reported to the responsible person in relation to the compliance of the campaign with this Act.

3. Statement of total campaign costs

   (1)The responsible person for a government agency that has undertaken a government campaign must prepare a statement of the total campaign costs for the campaign.

   (2)The statement must set out any development and production costs of the government campaign that can be separately identified.

4. 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.

   NoteA 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

   1information about existing or new government policies or policy changes for which there is legislative authority, an appropriation or a current government decision to implement

   2information 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

   3scientific, medical or health and safety information

   4information about government performance to facilitate accountability to the public

   (b)information in a government campaign must be presented in an objective and fair way and not include—

   (i)comment or opinion, unless the comment or opinion is clearly identified as comment or opinion and is clearly distinguishable from statements of fact; or

   (ii)statements promoting the government’s performance;

   Examples

   1objective facts and explanatory information are included

   2material presented as fact is based on and conforms with accurate, verifiable facts

   3factual comparisons are presented in a way that is not misleading and state the basis for comparison

   4existing policies, services or activities are not represented as new

   (c)information in a government campaign must not include slogans or other advertising techniques designed to have, or likely to have, the effect of promoting a political party or position instead of communicating a factual message;

   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

   1young people

   2Aboriginal and Torres Strait Islanders

   3people 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

   1mentioning the party in government or the party leader by name

   2deriding the views, policies or actions of others, including policies and opinions of opposition parties or groups

   3including party-political slogans or images

   4designing to influence public support for a political party, a candidate for election, a Minister or a member of the Assembly

   5mentioning 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

   1justifiable by cost-benefit analysis in terms of community needs, efficiency and effectiveness

   2clear audit trail regarding decision-making

   3current 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 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

5. Government campaigns before election restricted

   (1)A government agency must not conduct a government campaign in the pre-election period.

   (2)This section does not apply to the electoral commissioner.

   Note 1A government campaign does not include advertisements for stated jobs, tender advertising or other routine advertising carried out by an agency in relation to its operational activities (see s 9, def government campaign).

   Note 2Also, the Minister may exempt a campaign from this Act in an emergency, urgent circumstances or other extraordinary circumstances (see s 23).

Part 5Reporting

1. Reviewer to prepare report

   (1)The reviewer must prepare a report for the Legislative Assembly about government campaigns for the following periods (the report periods):

   (a)for a year in which a general election is held—

   (i)the 6-month period ending on 30 June in the year; and

   (ii)the period beginning on 1 July in the year and ending at the start of the pre-election period; and

   (b)for any other year—the 6-month periods ending on 30 June and 31 December in the year.

   (2)The reviewer must report on the following:

   (a)each proposed government campaign (a proposed campaign) referred to the reviewer in the report period;

   (b)for each proposed campaign—

   (i)the campaign costs itemised by the kind of costs incurred and the ways used to disseminate information for the campaign; and

   (ii)the result of the reviewer’s review and the reasons for the reviewer’s decision.

   (3)The reviewer must give the report to the Legislative Assembly not later than—

   (a)for a report mentioned in subsection (1) (a) (ii)—2 weeks before the election; and

   (b)for any other report—3 months after the end of the report period.

2. Reviewer to give report to Legislative Assembly

   (1)If the Legislative Assembly is sitting when the reviewer has finished the report—

   (a)the reviewer must give the report to the Speaker; and

   (b)the Speaker must present the report to the Legislative Assembly on the next sitting day.

   (2)If the Legislative Assembly is not sitting when the reviewer has finished the report—

   (a)the reviewer must give the report, and a copy for each member of the Legislative Assembly, to the Speaker; and

   (b)the report is taken for all purposes to have been presented to the Legislative Assembly on the day the reviewer gives it to the Speaker (the report day); and

   (c)publication of the report is taken to have been ordered by the Legislative Assembly on the report day; and

   (d)the Speaker must arrange for a copy of the report to be given to each member of the Legislative Assembly on the report day; and

   (e)the Speaker may give directions for the printing and circulation, and in relation to the publication, of the report; and

   (f)despite paragraph (b), the Speaker must present the report to the Legislative Assembly on the next sitting day.

   (3)The reviewer may give a copy of the report to a Minister who, in the reviewer’s opinion, has a special interest in the report.

   (4)In this section:

   Speaker, for a report given to the Deputy Speaker or clerk under section 22 (Reports to be given to Speaker), means the Deputy Speaker or clerk.

1. Reporting sensitive information

   (1)A report under this part must not include information for the Legislative Assembly if the reviewer considers that disclosing the information would be contrary to the public interest because it could—

   (a)be an unreasonable disclosure of personal information about a person; or

   (b)disclose a trade secret; or

   (c)disclose information (other than a trade secret) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

   (d)be an unreasonable disclosure of information about the business, commercial or financial interests or affairs of an entity; or

   NoteEntity includes a person (see Legislation Act, dict, pt 1).

   (e)prejudice the investigation of a contravention of a law; or

   (f)prejudice the fair trial of a person; or

   (g)prejudice relations between the ACT government and another government.

   (2)However, the report may include information mentioned in subsection (1) if the reviewer is satisfied that the substance of the information is public knowledge.

   (3)If, under subsection (1), the reviewer omits information from a report for the Legislative Assembly, the reviewer may prepare a special report for the relevant Assembly committee that includes the information.

   (4)The reviewer must give the special report to the presiding member of the relevant Assembly committee.

   (5)The presiding member must present the special report to the relevant Assembly committee.

   (6)A special report presented to the relevant Assembly committee is taken for all purposes to have been referred to the committee by the Legislative Assembly for inquiry and any report that the committee considers appropriate.

   (7)In this section:

   relevant Assembly committee means a standing committee of the Legislative Assembly nominated, in writing, by the Speaker for this section.

2. Reports to be given to Speaker

   (1)A report required by this part to be given to the Speaker must—

   (a)if the Speaker is unavailable—be given to the Deputy Speaker; or

   (b)if both the Speaker and Deputy Speaker are unavailable—be given to the clerk of the Legislative Assembly.

   (2)For subsection (1), the Speaker or Deputy Speaker is unavailable if—

   (a)he or she is absent from duty; or

   (b)there is a vacancy in the office.

Part 6Miscellaneous

1. Exemptions

   (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 Legislative Assembly, 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.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

2. Regulation-making power

   The Executive may make regulations for this Act.

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

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     disallowable instrument (see s 9)

·     electoral commissioner

·     Executive

·     Minister (see s 162)

·     notifiable instrument (see s 10)

·     public servant

·     statutory office holder

·     territory instrumentality.

campaign costs—see section 10.

directorate—see the Financial Management Act 1996, dictionary.

general election—see the Electoral Act 1992, dictionary.

government agency—see section 7.

government campaign—see section 9.

party political—see section 11.

pre-election period—see the Electoral Act 1992, dictionary.

responsible person—see section 8.

reviewer—see section 12.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Government Agencies (Campaign Advertising) Act 2009 A2009-55

   notified LR 21 December 2009
   s 1, s 2 commenced 21 December 2009 (LA s 75 (1))
   remainder commenced 1 July 2010 (s 2)

   as amended by

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.72

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.72 commenced 1 July 2011 (s 2 (1))

   Legislation (Legislative Assembly Committees) Amendment Act 2022 A2022-4 sch 1 pt 1.9

   notified LR 30 March 2022
   s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
   sch 1 pt 1.9 commenced 6 April 2022 (s 2)

2. Amendment history

   Commencement

   s 2om LA s 89 (4)

   Reporting sensitive information

   s 21am A2011‑22 amdt 1.221; A2022‑4 amdt 1.30, amdt 1.31

   Dictionary

   dictdef directorate ins A2011‑22 amdt 1.222

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 July 2010	1 July 2010‑ 30 June 2011	not amended	new Act
R2 1 July 2011	1 July 2011‑ 5 April 2022	A2011‑22	amendments by A2011‑22