A Bill for an Act to regulate government advertising, and for related purposes
The Parliament of Australia enacts:
Part 1—Preliminary
1 Short title
This Act may be cited as the Government Advertising (Prohibiting use of taxpayers’ money on party political advertising) Act 2005.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Definitions
In this Act, unless the contrary intention appears:
Chief Executive means:
(a) for a Department of State—the person who is the Secretary of the Agency for the purposes of the Public Service Act 1999; or
(b) for a prescribed Agency—the person identified by regulations under the Financial Management and Accountability Act 1997 as the Chief Executive of the Agency; or
(c) for a Commonwealth authority—the person who is the Chief Executive of the authority; or
(d) for a Commonwealth company—the person who is the Chief Executive of the company.
Commonwealth agency means:
(a) a Department of State; or
(b) a prescribed Agency; or
(c) a Commonwealth authority having the same meaning as in the Commonwealth Authorities and Companies Act 1997; or
(d) a Commonwealth company having the same meaning as in the Commonwealth Authorities and Companies Act 1997.
Commissioner means the Public Service Commissioner or the Acting Public Service Commissioner.
GST has the meaning as in the A New Tax System (Goods and Services Tax) Act 1999.
Guidelines means the Principles and Guidelines for Government Advertising Campaigns set out in Schedule 2.
official means a person who is in a Commonwealth agency or is part of a Commonwealth Agency.
responsible Minister means:
(a) in relation to a Department of State—the Minister who is responsible for the department; or
(b) in relation to a prescribed agency—the Minister who is responsible for the agency; or
(c) in relation to a Commonwealth authority or any of its subsidiaries—the Minister who is responsible for the authority; or
(d) in relation to a Commonwealth company or any of its subsidiaries:
(i) the Minister who is prescribed by regulations under the Commonwealth Authorities and Companies Act 1997 as the Minister responsible for the company; or
(ii) if no Minister is prescribed—the Minister who is responsible for the Commonwealth company.
4 Objects
The objects of this Act are:
(a) to require government advertising to meet minimum standards of objectivity, fairness and accountability; and
(b) to prohibit the misuse of government advertising for party political purposes.
Part 2—Government Advertising Campaigns
5 Principles and Guidelines for Government Advertising Campaigns
(1) The Principles and Guidelines for Government Advertising Campaigns are set out in Schedule 2.
(2) A Minister, a Commonwealth agency or an official must not take any action that is contrary to the Guidelines.
6 Chief Executive’s obligation to report to the Public Service Commissioner
(1) For each advertising project proposed by each Commonwealth agency when the cost of the project is estimated to be $250,000 or more (inclusive of GST), the Chief Executive must give the Commissioner a statement in accordance with subsection (2).
(2) The statement must include:
(a) details of the purpose and nature of the proposed project;
(b) details of the intended recipients of the information to be communicated by the proposed project;
(c) details of the type of media to be used for the proposed project;
(d) whether the proposed project is to be carried out under a contract;
(e) whether the contract is to be let by tender;
(f) the estimated cost of the proposed project;
(g) whether every part of the proposed project conforms with the Guidelines; and
(h) if the project in any part does not conform with the Guidelines, the extent of, and reasons for, the nonconformity.
(3) The statement must be given to the Commissioner before the proposed project is approved by the responsible Minister.
7 Public Service Commissioner to assess compliance with the Guidelines
(1) As soon as practicable after the Commissioner receives a statement under section 6, he or she is to complete an assessment of whether the proposed advertising project complies with the Guidelines.
Assessment may include recommendations
(2) The assessment may include any recommendations the Commissioner considers appropriate.
(3) Without limiting subsection (2), the kinds of recommendations the Commissioner may make include the following:
(a) a recommendation that the proposed advertising project be approved; or
(b) a recommendation that the proposed advertising project not be approved; and
(c) general recommendations relating to accountability.
(4) As soon as practicable after completing the report on an assessment under this section, the Commissioner must:
(a) cause a copy to be tabled in each House of the Parliament; and
(b) give a copy to the responsible Minister.
(5) The Commissioner may give a copy of the report to any other Minister who, in the Commissioner’s opinion, has a special interest in the matter.
(6) The responsible Minister must take into account any recommendations that the Commissioner makes.
(7) Except as provided in subsection (8), the responsible Minister must not approve a proposed advertising project that is subject to report by the Commissioner under this section, until the Commissioner has reported under this section.
(8) The responsible Minister may approve a proposed advertising project subject to report by the Commissioner under this section, before the Commissioner has reported under this section, where the proposed project addresses major issues of public health, public safety or public order that have arisen at short notice.
8 Application of Public Service Act 1999
(1) The Public Service Commissioner’s functions include the functions conferred on the Commissioner by this Part.
(2) An assessment and report that is conducted by the Commissioner for the purposes of section 7 of this Act, is a special inquiry for the purpose of section 43 of the Public Service Act 1999.
9 Annual Report
(1) As soon as practicable after 30 June each year, the Minister must:
(a) prepare a report on government advertising during that year; and
(b) cause a copy of the report to be tabled in each House of the Parliament.
(2) A report prepared under subsection (1) must include:
(a) details of expenditure on government advertising during that year (inclusive of GST);
(b) details of expenditure by Commonwealth agency during that year (inclusive of GST);
(c) details of expenditure by media type during that year (inclusive of GST);
(d) details of expenditure during that year (inclusive of GST) for each contract of $100,000 or more (inclusive of GST) let:
(i) during that year; or
(ii) where there was expenditure pursuant to a contract during that year, during a previous year;
(e) in relation to each contract referred to in paragraph (d), the name of the:
(i) consultant;
(ii) contractor; or
(iii) advertising agency;
(f) for each advertising project approved during that year with an estimated cost of $250,000 or more (inclusive of GST):
(i) details of the purpose of the project;
(ii) details of the intended recipients of the information to be communicated by the project;
(iii) details of the type of media used for the project;
(iv) for each contract let during that year for the project, the name of the:
(A) consultant,
(B) contractor; or
(C) advertising agency; and
the value of the contract;
(v) the estimated cost of the project;
(vi) whether the Commissioner assessed the project as complying with the Guidelines; and
(vii) the name of the person who approved the project; and
(g) for each advertising campaign with a cost of $1,000,000 or more (inclusive of GST) for which a post advertising evaluation has been completed during that year, an outline of the results that the campaign achieved.
Note A post advertising evaluation is to be conducted for all Government advertising projects with a cost of $1,000,000 or more (inclusive of GST). The evaluation is to be completed as soon as practicable after the conduct of the advertising.
Note The effect of section 19A of the Acts Interpretation Act 1901 is that the Minister refers to the Minister who administers this section. The administration of Acts or particular provisions of Acts is allocated by Administrative Arrangements Orders made by the Governor-General.
Schedule 2—Principles and Guidelines for Government Advertising Campaigns
Principles
1.1 All members of the public have equal rights to access comprehensive information about government policies, programs and services which affect their entitlements, rights and obligations. Access to information should only be restricted where its provision would jeopardise the national interest.
1.2 Governments may legitimately use public funds for information or education campaigns authorised by an appropriation in an Act, to explain government policies, programs or services and to inform members of the public of their obligations, rights and entitlements.
1.3 No campaign should be contemplated without an identified information need by identified recipients based on appropriate market research.
Guidelines
Material should be presented in an objective and fair manner
2.1 Information campaigns should be directed at the provision of objective, factual and explanatory information. Information should be presented in an unbiased manner.
2.2 Information should be based on accurate, verifiable facts, carefully and precisely expressed in conformity with those facts. No claim or statement should be made which cannot be substantiated.
2.3 The recipient of the information should, to a practicable and reasonable extent, be able to distinguish clearly and easily between facts on the one hand, and comment, opinion and analysis on the other.
2.4 When making a comparison, the material should not attempt to mislead the recipient about the situation with which the comparison is made and it should state explicitly the basis for the comparison.
Material should not be liable to misrepresentation as party-political
3.1 The dissemination of information using public funds should not be directed at promoting party political interests.
3.2 For the purpose of these guidelines, advertising for party political purposes is defined as any information involving the production and dissemination of material to the public which promotes activities, programs or initiatives of the Government in a politically partisan or biased manner.
3.3 Dissemination of information may be perceived as being party-political because of any one of a number of factors, including:
(a) what was communicated;
(b) who communicated it;
(c) why it was communicated;
(d) what it was meant to do;
(e) how, when and where it was communicated;
(f) the environment in which it was communicated; or
(g) the effect it is designed to have.
3.4 Material should be presented in a manner free from partisan promotion of government policy and political argument, and in unbiased and objective language.
3.5 Material should not directly attack or scorn the views, policies or actions of others such as the policies and opinions of opposition parties or groups.
3.6 Information should avoid party-political slogans or images.
3.7 Material should not be designed to influence public support for a political party, a candidate for election or a member of Parliament.
3.8 Distribution of unsolicited material should be carefully controlled. All advertising material and the manner of presentation should comply with relevant law, including broadcasting, media, privacy and electoral law.
Material should be produced and distributed in an efficient, effective and relevant manner, with due regard to accountability
4.1 Information campaigns should be justified by a cost/benefit analysis. The nature of the campaign should be justified in terms of society’s needs, efficiency and effectiveness, and there should be a clear audit train regarding decision making.
4.2 Care should be taken to ensure that media placement of government advertising is determined on a needs basis and targeted accordingly and without favour.
4.3 Existing purchasing/procurement policies and procedures for the tendering and commissioning of services and the employment of consultants should be followed.