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This is a Bill, not an Act. For current law, see the Acts databases.
Public Administration Amendment (Public Sector
Communication Standards) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Objects 2
4 Definitions 2
5 New Part 5A inserted 3
6 Regulations 6
7 Repeal of amending Act 6
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Endnotes 7
1 General information 7
i
Public Administration Amendment
(Public Sector Communication
Standards) Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
1 Purpose
The main purpose of this Act is to amend the
Public Administration Act 2004 to provide for a
legislative framework for governance of
communication and advertising by public sector
bodies.
1
Public Administration Amendment (Public Sector Communication
Standards) Act 2017
No. of 2017
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 30 November 2017, it comes
into operation on that day.
3 Objects
(1) In section 3(h) of the Public Administration
Act 2004, for "community." substitute
"community;".
(2) After section 3(h) of the Public Administration
Act 2004 insert--
"(i) to establish standards and impose
requirements for communication and
advertising by public sector bodies.".
4 Definitions
In section 4(1) of the Public Administration
Act 2004 insert the following definitions--
"advertise means publish by the purchase of
media placement;
candidate has the same meaning as in section 3 of
the Electoral Act 2002;
election has the same meaning as in section 3 of
the Electoral Act 2002;
political party has the same meaning as in
section 3 of the Electoral Act 2002;
public sector communication means any
information, material or message published
by or on behalf of a public sector body;
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Public Administration Amendment (Public Sector Communication
Standards) Act 2017
No. of 2017
publish means disseminate to the public by any
means, including by--
(a) publication in a book, newspaper,
magazine or other written publication;
or
(b) broadcast by radio or television; or
(c) public exhibition; or
(d) electronic communication;".
5 New Part 5A inserted
After Part 5 of the Public Administration
Act 2004 insert--
"Part 5A--Communication and
advertising by public sector bodies
97A Objects of this Part
The objects of this Part are--
(a) to establish standards to ensure that
public sector communication is in the
public interest; and
(b) to ensure that public sector
communication is not party political;
and
(c) to provide for specific standards for
public sector communication advertised
on television.
97B Purpose for publication of public sector
communication to be in public interest
(1) A public sector body that publishes or
causes to be published a public sector
communication must ensure that publication
is in the public interest.
3
Public Administration Amendment (Public Sector Communication
Standards) Act 2017
No. of 2017
(2) Without limiting subsection (1), the
regulations may prescribe public interest
purposes for the purposes of this section.
97C Public sector communication standards
A public sector body that publishes or
causes to be published a public sector
communication must ensure that the public
sector communication--
(a) is not designed or intended to directly
or indirectly influence public sentiment
for or against--
(i) a political party; or
(ii) a candidate for election; or
(iii) a member of Parliament; or
(iv) the current Government of the
State; or
(v) the current Government of the
Commonwealth; and
(b) is otherwise in accordance with the
prescribed public sector communication
standards (if any).
97D Advertising public sector communication
on television
(1) A public sector body that advertises or
causes to be advertised a public sector
communication on television must ensure
that the purpose of the public sector
communication is one of the following--
(a) to promote public safety, personal
security or behavioural change;
4
Public Administration Amendment (Public Sector Communication
Standards) Act 2017
No. of 2017
(b) to promote social cohesion, civic pride
or community spirit within the general
public;
(c) to promote commercial or economic
development within the State;
(d) to generate revenue for public sector
bodies or for the State through
consumption of products or services
delivered by or in partnership with
public sector bodies;
(e) to promote compliance with legislative
requirements.
(2) In addition to the requirements of
subsection (1), a public sector body that
advertises or causes to be advertised a public
sector communication on television must do
so in accordance with any applicable
standards and requirements under
section 97E.
97E Advertising standards and advertising
requirements for public sector
communication generally
A public sector body that advertises or
causes to be advertised a public sector
communication must do so in accordance
with the prescribed advertising standards or
prescribed advertising requirements (if any).
Examples
Purchasing a placement in a newspaper for printing a
public sector communication or purchasing a
placement on the radio for the broadcast of a public
sector communication.".
5
Public Administration Amendment (Public Sector Communication
Standards) Act 2017
No. of 2017
6 Regulations
(1) After section 112(1) of the Public
Administration Act 2004 insert--
"(1A) Without limiting subsection (1), the
Governor in Council may make regulations
for or with respect to any matter or thing
required or permitted by Part 5A of this Act,
including but not limited to--
(a) prescribing or regulating public
interest purposes for which a public
sector body may publish public sector
communications;
(b) prescribing or regulating standards for
public sector communications
published by or on behalf of a public
sector body;
(c) prescribing or regulating advertising
standards and advertising requirements
for the publication of public sector
communications by or on behalf of a
public sector body.
(1B) Regulations made under subsection (1A)
may be disallowed in whole or in part by the
Parliament.".
(2) In section 112(2)(b) of the Public
Administration Act 2004, for "as respects"
substitute "in respect of".
7 Repeal of amending Act
This Act is repealed on 30 November 2018.
Note
The repeal of this Act does not affect the continuing operation
of the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Public Administration Amendment (Public Sector Communication
Standards) Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend the
Public Administration Act 2004 to provide for a legislative framework
for governance of communication and advertising by public sector bodies
and for other purposes."
By Authority. Government Printer for the State of Victoria.
7
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