Federal Register of Legislation - Australian Government

Primary content

A Bill for an Act to amend the Financial Management and Accountability Act 1997, and for related purposes
For authoritative information on the progress of bills and on amendments proposed to them, please see the House of Representatives Votes and Proceedings, and the Journals of the Senate as available on the Parliament House website.
Registered 22 Jun 2011
Introduced Senate 21 Jun 2011
Table of contents.

 

2010‑2011

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Government Advertising (Accountability) Bill 2011

 

No.      , 2011

 

(Senator Xenophon)

 

 

 

A Bill for an Act to amend the Financial Management and Accountability Act 1997, and for related purposes

  

  


Contents

1............ Short title............................................................................................. 1

2............ Commencement................................................................................... 1

3............ Schedule(s)......................................................................................... 2

Schedule 1—Amendment of the Financial Management and Accountability Act 1997 3

 


A Bill for an Act to amend the Financial Management and Accountability Act 1997, and for related purposes

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Government Advertising (Accountability) Act 2011.

2  Commencement

             (1)  Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

 

2.  Schedule 1

The day after this Act receives the Royal Assent.

 

Note:          This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

             (2)  Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedule(s)

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


 

Schedule 1Amendment of the Financial Management and Accountability Act 1997

  

1  Section 14

Repeal the section, substitute:

14  Misapplication or improper use of public money

             (1)  An official or Minister must not misapply public money or improperly dispose of, or improperly use, public money.

             (2)  For the purposes of subsection (1), and without limiting the generality of subsection (1), it is an improper use of public money to use or permit public money to be used for the advertising of a government policy unless:

                     (a)  the policy has been enacted in legislation passed by both Houses of Parliament; or

                     (b)  a resolution agreeing to the expenditure of public money for the purpose of advertising the policy has been passed by both Houses of Parliament; or

                     (c)  in the event of a national emergency, the Minister has obtained the consent of the Leader of the Opposition to the expenditure of public money for the purpose of advertising the policy.

Penalty:  Imprisonment for 7 years.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.