GOVERNMENT ADVERTISING (PROHIBITING USE OF TAXPAYERS' MONEY ON PARTY POLITICAL ADVERTISING) BILL 2005

i Government Advertising (Prohibiting use of taxpayers' money on party political advertising)

Bill 2005 No. , 2005

Contents

Part 1--Preliminary

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

Commencement .............................................................................2

Definitions.....................................................................................2

Objects ..........................................................................................3

Part 2--Government Advertising Campaigns

Principles and Guidelines for Government Advertising

Campaigns.....................................................................................4

Chief Executive's obligation to report to the Public Service

Commissioner................................................................................4

Public Service Commissioner to assess compliance with the

Guidelines .....................................................................................5

Application of Public Service Act 1999...........................................6

Annual Report ...............................................................................6

Part 3--Miscellaneous

Schedule(s)....................................................................................8

Schedule 1--Amendments

Financial Management and Accountability Act 1997

Schedule 2--Principles and Guidelines for Government

Advertising Campaigns

Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill

2005 No. , 2005 1

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.

Part 1 Preliminary

Section 2

2 Government Advertising (Prohibiting use of taxpayers' money on party political

advertising) Bill 2005 No. , 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

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

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.

Preliminary Part 2 Part 1

Section 4

Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill

2005 No. , 2005 3

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

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

Section 5

4 Government Advertising (Prohibiting use of taxpayers' money on party political

advertising) Bill 2005 No. , 2005

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;

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.

Government Advertising Campaigns Part 2 Part 2

Section 7

Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill

2005 No. , 2005 5

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

(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

Part 2 Government Advertising Campaigns

Section 8

6 Government Advertising (Prohibiting use of taxpayers' money on party political

advertising) Bill 2005 No. , 2005

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);

(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):

Government Advertising Campaigns Part 2

Section 9

Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill

2005 No. , 2005 7

(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

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.

Part 3 Miscellaneous

Section 10

8 Government Advertising (Prohibiting use of taxpayers' money on party political

advertising) Bill 2005 No. , 2005

Part 3--Miscellaneous

10 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 items in a Schedule to this Act has effect

according to its terms.

Amendments Schedule 1

Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill

2005 No. , 2005 9

Schedule 1--Amendments

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 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 Government Advertising Campaigns

contained in Schedule 2 of the Government Advertising

(Prohibiting use of taxpayers' money on party political

advertising) Act 2005.

Maximum penalty: Imprisonment for 7 years.

Note:

Chapter 2 of the Criminal Code sets out the general principles of

criminal responsibility.

Schedule 2 Principles and Guidelines for Government Advertising Campaigns

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

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.

Schedule 2 Principles and Guidelines for Government Advertising Campaigns

Government Advertising (Prohibiting use of taxpayers' money on party political advertising) Bill

2005 No. , 2005 11

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.

Schedule 2 Principles and Guidelines for Government Advertising Campaigns

12 Government Advertising (Prohibiting use of taxpayers' money on party political

advertising) Bill 2005 No. , 2005

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.

Commonwealth of Australia Bills

GOVERNMENT ADVERTISING (PROHIBITING USE OF TAXPAYERS' MONEY ON PARTY POLITICAL ADVERTISING) BILL 2005