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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Government
Advertising (Objectivity, Fairness and Accountability) Bill
2000
No. ,
2000
(Mr
Beazley)
A Bill for an Act to
require government advertising to meet minimum standards with respect to
objectivity, fairness and accountability, and to prohibit the expenditure of
taxpayers’ money on advertising which promotes party political
interests
ISBN: 0642 439419
Contents
A Bill for an Act to require government advertising to
meet minimum standards with respect to objectivity, fairness and accountability,
and to prohibit the expenditure of taxpayers’ money on advertising which
promotes party political interests
The Parliament of Australia enacts:
This Act may be cited as the Government Advertising (Objectivity,
Fairness and Accountability) Act 2000.
This Act commences on the day on which it receives the Royal
Assent.
The Financial Management and Accountability Act 1997 is amended as
set out in Schedule 1.
Repeal the section, substitute:
(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 that subsection, it is an improper use of public money to use or
permit to be used any public money for a government information program unless
that program is in accordance with the Principles and Guidelines for the Use of
Government Advertising contained in Schedule 1.
Maximum penalty: Imprisonment for 7 years.
Note: Chapter 2 of the Criminal Code sets out the
general principles of criminal responsibility.
2 At the end of the Act
Add:
Schedule
1—Principles and Guidelines for the
Use of Government Advertising
In developing material to be communicated to the public:
1.1 The
subject matter should be directly related to the Government’s
responsibilities;
1.2 An information strategy should be considered as a
routine and integral part of policy development and program planning;
and
1.3 No campaign should be contemplated without an identified
information need by identified recipients based on appropriate market
research.
Examples of suitable uses for government advertising include
to:
• Inform the public of new, existing or proposed government
policies, or policy revisions;
• Provide information on government
programs or services or revisions to programs or services to which the public
are entitled;
• Disseminate scientific, medical or health and safety
information; or
• Provide information on the performance of government
to facilitate accountability to the public.
2.1 Information campaigns should be directed at the provision of
objective, factual and explanatory information. Information should be presented
in an unbiased and equitable 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 always 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 mislead the recipient about the situation with which the
comparison is made and it should state explicitly the basis for the
comparison.
3.1 Information campaigns should not intentionally promote, or be
perceived as promoting, party-political interests. Communication may be
perceived as being party-political because of any one of a number of factors,
including:
• what was communicated;
• who communicated
it;
• why it was communicated;
• what it was meant to
do;
• how, when and where it was communicated;
• the
environment in which it was communicated; or the effect it
had.
3.2 Material should be presented in unbiased and objective language,
and in a manner free from partisan promotion of government policy and political
argument.
3.3 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.
3.4 Information should avoid party-political slogans
or images. This may involve restrictions on the use of ministerial photographs
in government publications.
4.1 Distribution of sensitive, unsolicited material should be carefully
controlled. As a general rule, publicity touching on politically controversial
issues should not reach members of the public unsolicited except where the
information clearly and directly affects their interests. Generally, material
may only be issued in response to individual requests, enclosed with replies to
related correspondence or sent to organisations or individuals with a known
interest in the area.
4.2 Care should be taken to ensure that Government
advertising material is not used or reproduced by members of political parties
in support of party-political activities without appropriate
approval.
4.3 All advertising material and the manner of presentation
should comply with relevant law, including broadcasting, media and electoral
law.
4.4 Material should be produced and distributed in an economic and
relevant manner, with due regard to accountability.
4.5 No information
campaign should be undertaken without a justifiable cost/benefit analysis. The
cost of the chosen scale and methods of communicating information must be
justifiable in terms of achieving the identified objective(s) for the least
practicable expenses. Objectives which have little prospect of being achieved,
or which are likely to be achieved only at disproportionate cost, should not be
pursued without good reasons.
4.6 Care should be taken to ensure that
media placement of government advertising is determined on a needs basis and
targeted accordingly and without favour.
4.7 Existing
purchasing/procurement policies and procedures for the tendering and
commissioning of services and the employment of consultants should be
followed.