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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Regulating Government Publicity Bill
2009
A BILL FOR
An Act to regulate government publicity; and for other purposes.
Contents
1 Short
title
2 Commencement
3 Interpretation
4 Establishment of Government
Publicity Committee
5 Government publicity must comply with
Guidelines
6 Offence to use more than $50 000 of public funds for
government publicity without authorisation
7 Authorisations
8 Approval of
appropriation
9 Enforcement
10 Regulations
Schedule 1—Guidelines for government
publicity
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Regulating Government Publicity
Act 2009.
This Act will come into operation 2 months after the day on which it is
assented to by the Governor.
In this Act—
candidate for election means a person nominated as a
candidate at an election in accordance with Part 8 Division 1 of the
Electoral Act 1985;
Committee means the Government Publicity Committee
established under section 4;
election means election of a member or members of the House
of Assembly or Legislative Council;
Guidelines means the Guidelines for government publicity as
set out in Schedule 1;
government publicity means an advertisement, advertising
campaign or announcement, funded by public funds, relating to the government or
any government activities, programs or initiatives;
political party has the same meaning as in the Electoral
Act 1985;
public authority means—
(a) an administrative unit of the Public Service;
(b) a Minister;
(c) an agency or instrumentality of the Crown;
(d) any other authority declared by regulation to be a public authority
for the purposes of this definition.
4—Establishment
of Government Publicity Committee
(1) The Government Publicity Committee (the Committee) is
established.
(2) The Committee consists of—
(a) the Auditor-General; and
(b) the Ombudsman; and
(c) a person with knowledge and experience in advertising appointed by the
Auditor-General.
(3) A member appointed under subsection (2)(c)—
(a) is to be appointed on such terms and conditions specified in the
instrument of appointment; and
(b) is entitled to fees, allowances and expenses prescribed by the
regulations.
(4) The provisions of Part 2 Division 4 of the Public Sector
Management Act 1995 apply in relation to each member of the Committee
as if the member were a member of an advisory body.
(5) The Auditor-General and the Ombudsman may be represented on the
Committee by a delegate.
5—Government
publicity must comply with Guidelines
(1) A public authority that uses public funds for government publicity
must comply with the Guidelines in relation to that publicity.
(2) Subject to subsection (3), the Committee may, on complaint by any
person, determine whether or not, in the opinion of the Committee, a public
authority has complied with subsection (1).
(3) The Committee must not entertain a complaint about government
publicity in respect of which an authorisation under section 7 is in
force.
(4) The Committee may require the public authority to furnish specified
information in order to determine a complaint under this section.
(5) If the Committee determines that a public authority has failed to
comply with subsection (1), the Committee may issue any 1 or more of the
following directions:
(a) a direction requiring the content or style of the publicity or the
method of its dissemination to be modified in a specified manner;
(b) any other direction the Committee considers necessary or desirable to
ensure compliance with the Guidelines;
(c) a direction requiring the public authority to immediately stop any
further such publicity;
(d) a direction requiring the public authority to stop using public funds
for the publicity;
(e) if the Committee is satisfied that a particular political party is
responsible for the publicity—a direction requiring the political party to
pay, on behalf of the public authority, into such fund or account as may be
specified by the Auditor-General—
(i) the amount of any public money used by the public authority for the
publicity; or
(ii) any amounts owing to any person or body in respect of the
publicity.
(6) A public authority must comply with a direction under this
section.
6—Offence
to use more than $50 000 of public funds for government publicity without
authorisation
A person must not authorise the use of more than $50 000 of public
funds for any particular government advertising campaign without an
authorisation in relation to the campaign under section 7.
(1) A public authority may apply to the Committee for an authorisation in
relation to any government publicity for which public funds are proposed to be
used.
(2) An application under subsection (1) must be made in such manner
and form as is determined by the Committee.
(3) The Committee may require the public authority to furnish further
specified information in order to determine the application.
(4) The Committee must not grant an authorisation if it considers that the
government publicity does not comply with the Guidelines.
(5) The Committee may, in granting an authorisation under this section,
impose any 1 or more of the following conditions:
(a) a condition that the content or style of the publicity or the method
of its dissemination be modified in a specified manner;
(b) a condition that the Guidelines are to be complied with for the
duration of the publicity;
(c) any other conditions that the Committee considers necessary or
desirable to ensure compliance with the Guidelines.
(6) An authorisation must be notified, together with any conditions, in
the Gazette.
(7) The Committee may, on its own initiative or on application, by notice
in the Gazette, vary an authorisation under this section or vary or revoke a
condition of such an authorisation or impose a condition or further
condition.
(8) A public authority must comply with a condition of an authorisation
imposed under this section.
(1) An Act of the Parliament purporting to appropriate revenue or other
public money for the purpose of government publicity is invalid and of no effect
unless the appropriation has been first approved by the Committee.
(2) A certificate apparently signed by the Auditor-General on behalf of
the Committee and certifying that the Committee has approved an appropriation
specified in the certificate is, in the absence of proof to the contrary, proof
of the matter so certified.
(1) The Committee may institute proceedings in the Supreme Court against a
public authority alleging a contravention of section 5(6), section 5
or section 7(8).
(2) If, in proceedings under this section, the Supreme Court is satisfied
that a contravention has occurred, the Court may—
(a) grant an injunction against the public authority in relation to the
conduct that constitutes, or is alleged to constitute, the contravention;
and
(b) make any other orders that the Court thinks fit.
The Governor may make such regulations as are contemplated by, or as are
necessary or expedient for the purposes of, this Act.
Schedule
1—Guidelines for government publicity
The following guidelines apply to government publicity:
(a) government publicity should include a statement of the publicity's
objective;
(b) government publicity should provide objective, factual and explanatory
information;
(c) government publicity should present information in an unbiased and
equitable manner;
(d) information presented in government publicity should be based on
accurate, verifiable facts and be expressed in conformity with those
facts;
(e) government publicity should not contain clauses or statements that
cannot be substantiated;
(f) government publicity should present information in a way that makes
facts clearly and easily distinguishable from comment, opinion and
analysis;
(g) if government publicity contains information of a comparative nature,
the information must state the basis of the comparison and must not be
misleading;
(h) government publicity should not have the capacity to influence public
support for a political party or for candidates for election to, or members of,
Parliament;
(i) government publicity should not intentionally promote party political
interests or give rise to a reasonable perception that it is promoting party
political interests;
(j) government publicity should present information in objective and
unbiased language and be free from partisan promotion of government policies or
political arguments;
(k) government publicity should not contain any material which directly
attacks or seems to scorn the views, policies or actions of others, including
the policies and opinions of other political parties;
(l) government publicity should not contain party political slogans or
images.