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2004-2005 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 (Mr K J Thomson) A Bill for an Act to regulate government advertising, and for related purposesContents Part 1--Preliminary 1 1 Short title.......................................................................................1 2 Commencement .............................................................................2 3 Definitions.....................................................................................2 4 Objects ..........................................................................................3 Part 2--Government Advertising Campaigns 4 5 Principles and Guidelines for Government Advertising Campaigns.....................................................................................4 6 Chief Executive's obligation to report to the Public Service Commissioner................................................................................4 7 Public Service Commissioner to assess compliance with the Guidelines .....................................................................................5 8 Application of Public Service Act 1999...........................................6 9 Annual Report ...............................................................................6 Part 3--Miscellaneous 8 10 Schedule(s)....................................................................................8 Schedule 1--Amendments 9 Financial Management and Accountability Act 1997 9 Schedule 2--Principles and Guidelines for Government Advertising Campaigns 10 i Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005
1 A Bill for an Act to regulate government 2 advertising, and for related purposes 3 The Parliament of Australia enacts: 4 Part 1--Preliminary 5 6 1 Short title 7 This Act may be cited as the Government Advertising (Prohibiting 8 use of taxpayers' money on party political advertising) Act 2005. Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 1
Part 1 Preliminary Section 2 1 2 Commencement 2 This Act commences on the day on which it receives the Royal 3 Assent. 4 3 Definitions 5 In this Act, unless the contrary intention appears: 6 Chief Executive means: 7 (a) for a Department of State--the person who is the Secretary 8 of the Agency for the purposes of the Public Service Act 9 1999; or 10 (b) for a prescribed Agency--the person identified by 11 regulations under the Financial Management and 12 Accountability Act 1997 as the Chief Executive of the 13 Agency; or 14 (c) for a Commonwealth authority--the person who is the Chief 15 Executive of the authority; or 16 (d) for a Commonwealth company--the person who is the Chief 17 Executive of the company. 18 Commonwealth agency means: 19 (a) a Department of State; or 20 (b) a prescribed Agency; or 21 (c) a Commonwealth authority having the same meaning as in 22 the Commonwealth Authorities and Companies Act 1997; or 23 (d) a Commonwealth company having the same meaning as in 24 the Commonwealth Authorities and Companies Act 1997. 25 Commissioner means the Public Service Commissioner or the 26 Acting Public Service Commissioner. 27 GST has the meaning as in the A New Tax System (Goods and 28 Services Tax) Act 1999. 29 Guidelines means the Principles and Guidelines for Government 30 Advertising Campaigns set out in Schedule 2. 31 official means a person who is in a Commonwealth agency or is 32 part of a Commonwealth Agency. 2 Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005
Preliminary Part 2 Part 1 Section 4 1 responsible Minister means: 2 (a) in relation to a Department of State--the Minister who is 3 responsible for the department; or 4 (b) in relation to a prescribed agency--the Minister who is 5 responsible for the agency; or 6 (c) in relation to a Commonwealth authority or any of its 7 subsidiaries--the Minister who is responsible for the 8 authority; or 9 (d) in relation to a Commonwealth company or any of its 10 subsidiaries: 11 (i) the Minister who is prescribed by regulations under the 12 Commonwealth Authorities and Companies Act 1997 as 13 the Minister responsible for the company; or 14 (ii) if no Minister is prescribed--the Minister who is 15 responsible for the Commonwealth company. 16 4 Objects 17 The objects of this Act are: 18 (a) to require government advertising to meet minimum 19 standards of objectivity, fairness and accountability; and 20 (b) to prohibit the misuse of government advertising for party 21 political purposes. Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 3
Part 2 Government Advertising Campaigns Section 5 1 2 Part 2--Government Advertising Campaigns 3 4 5 Principles and Guidelines for Government Advertising Campaigns 5 (1) The Principles and Guidelines for Government Advertising 6 Campaigns are set out in Schedule 2. 7 (2) A Minister, a Commonwealth agency or an official must not take 8 any action that is contrary to the Guidelines. 9 6 Chief Executive's obligation to report to the Public Service 10 Commissioner 11 (1) For each advertising project proposed by each Commonwealth 12 agency when the cost of the project is estimated to be $250,000 or 13 more (inclusive of GST), the Chief Executive must give the 14 Commissioner a statement in accordance with subsection (2). 15 (2) The statement must include: 16 (a) details of the purpose and nature of the proposed project; 17 (b) details of the intended recipients of the information to be 18 communicated by the proposed project; 19 (c) details of the type of media to be used for the proposed 20 project; 21 (d) whether the proposed project is to be carried out under a 22 contract; 23 (e) whether the contract is to be let by tender; 24 (f) the estimated cost of the proposed project; 25 (g) whether every part of the proposed project conforms with the 26 Guidelines; and 27 (h) if the project in any part does not conform with the 28 Guidelines, the extent of, and reasons for, the nonconformity. 29 (3) The statement must be given to the Commissioner before the 30 proposed project is approved by the responsible Minister. 4 Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005
Government Advertising Campaigns Part 2 Part 2 Section 7 1 7 Public Service Commissioner to assess compliance with the 2 Guidelines 3 (1) As soon as practicable after the Commissioner receives a statement 4 under section 6, he or she is to complete an assessment of whether 5 the proposed advertising project complies with the Guidelines. 6 Assessment may include recommendations 7 (2) The assessment may include any recommendations the 8 Commissioner considers appropriate. 9 (3) Without limiting subsection (2), the kinds of recommendations the 10 Commissioner may make include the following: 11 (a) a recommendation that the proposed advertising project be 12 approved; or 13 (b) a recommendation that the proposed advertising project not 14 be approved; and 15 (c) general recommendations relating to accountability. 16 (4) As soon as practicable after completing the report on an assessment 17 under this section, the Commissioner must: 18 (a) cause a copy to be tabled in each House of the Parliament; 19 and 20 (b) give a copy to the responsible Minister. 21 (5) The Commissioner may give a copy of the report to any other 22 Minister who, in the Commissioner's opinion, has a special interest 23 in the matter. 24 (6) The responsible Minister must take into account any 25 recommendations that the Commissioner makes. 26 (7) Except as provided in subsection (8), the responsible Minister must 27 not approve a proposed advertising project that is subject to report 28 by the Commissioner under this section, until the Commissioner 29 has reported under this section. 30 (8) The responsible Minister may approve a proposed advertising 31 project subject to report by the Commissioner under this section, 32 before the Commissioner has reported under this section, where the Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 5
Part 2 Government Advertising Campaigns Section 8 1 proposed project addresses major issues of public health, public 2 safety or public order that have arisen at short notice. 3 8 Application of Public Service Act 1999 4 (1) The Public Service Commissioner's functions include the functions 5 conferred on the Commissioner by this Part. 6 (2) An assessment and report that is conducted by the Commissioner 7 for the purposes of section 7 of this Act, is a special inquiry for the 8 purpose of section 43 of the Public Service Act 1999. 9 9 Annual Report 10 (1) As soon as practicable after 30 June each year, the Minister must: 11 (a) prepare a report on government advertising during that year; 12 and 13 (b) cause a copy of the report to be tabled in each House of the 14 Parliament. 15 (2) A report prepared under subsection (1) must include: 16 (a) details of expenditure on government advertising during that 17 year (inclusive of GST); 18 (b) details of expenditure by Commonwealth agency during that 19 year (inclusive of GST); 20 (c) details of expenditure by media type during that year 21 (inclusive of GST); 22 (d) details of expenditure during that year (inclusive of GST) for 23 each contract of $100,000 or more (inclusive of GST) let: 24 (i) during that year; or 25 (ii) where there was expenditure pursuant to a contract 26 during that year, during a previous year; 27 (e) in relation to each contract referred to in paragraph (d), the 28 name of the: 29 (i) consultant; 30 (ii) contractor; or 31 (iii) advertising agency; 32 (f) for each advertising project approved during that year with an 33 estimated cost of $250,000 or more (inclusive of GST): 6 Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005
Government Advertising Campaigns Part 2 Section 9 1 (i) details of the purpose of the project; 2 (ii) details of the intended recipients of the information 3 to be communicated by the project; 4 (iii) details of the type of media used for the project; 5 (iv) for each contract let during that year for the project, 6 the name of the: 7 (A) consultant, 8 (B) contractor; or 9 (C) advertising agency; and 10 the value of the contract; 11 (v) the estimated cost of the project; 12 (vi) whether the Commissioner assessed the project as 13 complying with the Guidelines; and 14 (vii) the name of the person who approved the project; 15 and 16 (g) for each advertising campaign with a cost of $1,000,000 or 17 more (inclusive of GST) for which a post advertising 18 evaluation has been completed during that year, an outline of 19 the results that the campaign achieved. 20 Note A post advertising evaluation is to be conducted for all 21 Government advertising projects with a cost of $1,000,000 or 22 more (inclusive of GST). The evaluation is to be completed as 23 soon as practicable after the conduct of the advertising. 24 Note The effect of section 19A of the Acts Interpretation Act 1901 is that the Minister refers 25 to the Minister who administers this section. The administration of Acts or particular 26 provisions of Acts is allocated by Administrative Arrangements Orders made by the 27 Governor-General. Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 7
Part 3 Miscellaneous Section 10 1 Part 3--Miscellaneous 2 3 10 Schedule(s) 4 Each Act that is specified in a Schedule to this Act is amended or 5 repealed as set out in the applicable items in the Schedule 6 concerned, and any other items in a Schedule to this Act has effect 7 according to its terms. 8 Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005
Amendments Schedule 1 1 2 Schedule 1--Amendments 3 4 Financial Management and Accountability Act 1997 5 1 Section 14 6 Repeal the section, substitute: 7 14 Misapplication or improper use of public money 8 (1) An official or Minister must not misapply public money or 9 improperly dispose of, or improperly use, public money. 10 (2) For the purposes of subsection (1), and without limiting the 11 generality of that subsection, it is an improper use of public money 12 to use or permit to be used any public money for a government 13 information program unless that program is in accordance with the 14 Principles and Guidelines for Government Advertising Campaigns 15 contained in Schedule 2 of the Government Advertising 16 (Prohibiting use of taxpayers' money on party political 17 advertising) Act 2005. 18 Maximum penalty: Imprisonment for 7 years. 19 Note: Chapter 2 of the Criminal Code sets out the general principles of 20 criminal responsibility. Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 9
Schedule 2 Principles and Guidelines for Government Advertising Campaigns 1 Schedule 2--Principles and Guidelines for 2 Government Advertising Campaigns 3 Principles 4 5 1.1 All members of the public have equal rights to access comprehensive 6 information about government policies, programs and services which 7 affect their entitlements, rights and obligations. Access to information 8 should only be restricted where its provision would jeopardise the 9 national interest. 10 11 1.2 Governments may legitimately use public funds for information or 12 education campaigns authorised by an appropriation in an Act, to 13 explain government policies, programs or services and to inform 14 members of the public of their obligations, rights and entitlements. 15 16 1.3 No campaign should be contemplated without an identified information 17 need by identified recipients based on appropriate market research. 18 Guidelines 19 Material should be presented in an objective and fair manner 20 21 2.1 Information campaigns should be directed at the provision of objective, 22 factual and explanatory information. Information should be presented 23 in an unbiased manner. 24 25 2.2 Information should be based on accurate, verifiable facts, carefully and 26 precisely expressed in conformity with those facts. No claim or 27 statement should be made which cannot be substantiated. 28 29 2.3 The recipient of the information should, to a practicable and reasonable 30 extent, be able to distinguish clearly and easily between facts on the one 31 hand, and comment, opinion and analysis on the other. 32 33 2.4 When making a comparison, the material should not attempt to mislead 34 the recipient about the situation with which the comparison is made and 35 it should state explicitly the basis for the comparison. 10 Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005
Schedule 2 Principles and Guidelines for Government Advertising Campaigns 1 Material should not be liable to misrepresentation as 2 party-political 3 4 3.1 The dissemination of information using public funds should not be 5 directed at promoting party political interests. 6 7 3.2 For the purpose of these guidelines, advertising for party political 8 purposes is defined as any information involving the production and 9 dissemination of material to the public which promotes activities, 10 programs or initiatives of the Government in a politically partisan or 11 biased manner. 12 13 3.3 Dissemination of information may be perceived as being party-political 14 because of any one of a number of factors, including: 15 16 (a) what was communicated; 17 (b) who communicated it; 18 (c) why it was communicated; 19 (d) what it was meant to do; 20 (e) how, when and where it was communicated; 21 (f) the environment in which it was communicated; or 22 (g) the effect it is designed to have. 23 24 3.4 Material should be presented in a manner free from partisan promotion 25 of government policy and political argument, and in unbiased and 26 objective language. 27 28 3.5 Material should not directly attack or scorn the views, policies or 29 actions of others such as the policies and opinions of opposition parties 30 or groups. 31 32 3.6 Information should avoid party-political slogans or images. 33 34 3.7 Material should not be designed to influence public support for a 35 political party, a candidate for election or a member of Parliament. 36 37 3.8 Distribution of unsolicited material should be carefully controlled. All 38 advertising material and the manner of presentation should comply with 39 relevant law, including broadcasting, media, privacy and electoral law. Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005 11
Schedule 2 Principles and Guidelines for Government Advertising Campaigns 1 Material should be produced and distributed in an efficient, 2 effective and relevant manner, with due regard to 3 accountability 4 5 4.1 Information campaigns should be justified by a cost/benefit analysis. 6 The nature of the campaign should be justified in terms of society's 7 needs, efficiency and effectiveness, and there should be a clear audit 8 train regarding decision making. 9 10 4.2 Care should be taken to ensure that media placement of government 11 advertising is determined on a needs basis and targeted accordingly and 12 without favour. 13 14 4.3 Existing purchasing/procurement policies and procedures for the 15 tendering and commissioning of services and the employment of 16 consultants should be followed. 12 Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill 2005 No. , 2005