Government (Political) Advertising Bill 2010
table of provisions
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1Purpose
2Commencement
3Definitions
4Advertising principles
5Establishment of Independent Government Advertising Campaign Review Panel
6Appointment and conditions
7Review of government advertising campaign
8Government agency to provide relevant details
9Exemption certificate
10Government advertising campaign not permitted before an election
11Certain government advertising campaigns not permitted before aby-election
12Electoral Act 2002
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Endnotes
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
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Introduced in the Council by Mr David Davis
Government (Political) Advertising Bill 2010
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
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A Bill for an Act to prevent the Government misusing taxpayers money on political advertising and so-called information campaigns by Government Departments and Authorities especially during election periods.
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
Government (Political) Advertising Bill 2010
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
Government (Political) Advertising Bill 2010
The Parliament of Victoriaenacts:
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
Government (Political) Advertising Bill 2010
1Purpose
The purpose of this Act is to—
(a)prevent the Government from abusing public funds for self-promotional and party politicalgovernment advertising campaigns; and
(b)require government advertising campaigns to comply with the principles set out in this Act.
2Commencement
s. 2
This Act comes into operation on the day after the day on which this Act receives the Royal Assent.
3Definitions
In this Act—
advertising principles means the principles specified in section 4;
by-election has the same meaning as it has in section 3 of the Electoral Act 2002;
campaign costs means the cost of production and conduct of a government advertising campaign including all media costs;
election day has the same meaning as it has in section 3 of the Electoral Act 2002;
electorate means an electoral district of the Legislative Assembly;
exemption certificate means a certificate issued by the Ministerunder section 9;
exempt government advertising campaign means a government advertising campaign—
(a)the campaign costs of which are not expected to exceed $50,000; or
(b)in respect of which there has been issued an exemption certificate under section 9;
former public sector auditor means any person who was employed under Part 3 of the Public Administration Act 2004 or any corresponding previous enactment to perform any of the audit functions of the Auditor-General's Office;
former senior public service employee means a person who—
(a)was employed as an executive under Part 3 of the Public Administration Act 2004 or any corresponding previous enactment; and
(b)was not employed to perform any of the audit functions of the Auditor-General's Office;
general election has the same meaning as it has in section 3 of the Electoral Act 2002;
government advertisingcampaign means—
(a)the dissemination by a government agency of information to members of the public about a government program, policy or matter which affects their entitlements, rights or obligations; and
(b)an information program or education campaign to explain the government program, policy or matter referred to in paragraph (a);
s. 3
government agency means—
(a)a Minister;
(b)a public service body;
(c)a public entity;
Notice of Compliance means a notice issued under section 7;
Panel means the Independent Government Advertising Campaign Review Panel established under section 5;
public entity has the same meaning as it has in section 5 of the Public Administration Act 2004;
public service body has the same meaning as it has in section 4(1) of the Public Administration Act 2004.
4Advertising principles
s. 4
(1)A government agency must—
(a)ensure that a government advertising campaign is—
(i)accurate and truthful;
(ii)not misleading or deceptive;
(iii)not party political;
(iv)compliant with this Act and any other laws in force in Victoria;
(v)relevant and proportionate to the responsibilities of the government agency;
(b)not use public funds for a party political and untruthful government advertising campaign;
(c)not conducta government advertising campaign that is party political or for the purpose of influencing public support for a political party or its members;
(d)not conducta government advertising campaign which has the effect of vilifying a person;
(e)advertise their services to Victorians in a fair, truthful and not party political manner;
(f)advertise such information as is considered appropriate, necessary and not excessive for the purposes of public education and information;
(g)not, directly or indirectly, affect the political opinions of Victorians especially during an election period.
(2)In this section, party political, in relation to a government advertising campaign, means material designed to promote the policies, past performance, achievements or intentions of a program or the government in a politically partisan manner or with the purpose of advancing or enhancing a political party's reputation rather than informing the public.
5Establishment of Independent Government Advertising Campaign Review Panel
s. 5
(1)The Independent Government Advertising Campaign Review Panel is established.
(2)The functions of the Panel are—
(a)to review government advertising campaigns for compliance with the advertising principles;
(b)to issue Notices of Compliance for government advertising campaigns that are consistent with the advertising principles;
(c)to review Exemption Certificates for compliance with this Act;
(d)any other functions conferred on the Panel by this Act.
6Appointment and conditions
(1)The Panel consists of not less than 5 members who are appointed by the Governor in Council on the recommendation of the Minister.
(2)The members of the Panel are—
(a)the Chair, who must be a former judge of the Supreme Court or the County Court;
(b)a member who is a former public sector auditor;
(c)a member who is a formersenior public service employee;
(d)a member who is an independent senior academic who the Minister considers has relevant experience;
(e)as many other members as the Minister considers are necessary for the proper operation of the Panel.
(3)The members of the Panel hold office for the term, not less than 3 years, specified in his or her instrument of appointment.
(4)The Governor in Council may in the instrument of appointment of a person as a member of the Panel specify terms and conditions of employment.
(5)A member of the Panel—
(a)is eligible for reappointment;
(b)may resign his or her office as member by delivering to the Governor in Council a signed letter of resignation;
(c)is not entitled to any payment or reimbursement in respect of their appointment as a member of the Panel.
(6)The Public Administration Act 2004 does not apply to a member of the Panel in respect of the office of member.
7Review of government advertising campaign
s. 7
(1)A government agency must not conducta government advertisingcampaign unless that campaign—
(a)is an exempt government advertising campaign; or
(b)has been issued with a Notice of Compliance by the Panel.
(2)The Panel must issue a Notice of Compliance if it is satisfied that the government advertising campaign is consistent with the advertising principles.
(3)The Panel must not issue a Notice of Compliance under subsection (2) unless the government agency has complied with the requirements of section 8.
8Government agency to provide relevant details
s. 8
(1)A government agency must provide the required details of the government advertising campaign to the Panel.
(2)For the purposes of subsection (1), the required details are—
(a) the campaign costs;
(b)the content of the government advertising campaign;
(c)the purpose of the government advertising campaign;
(d)the timing and frequency of the government advertising campaign;
(e)the means by which the government advertising campaign will be conducted;
(f)the media outlets or other agencies through which the government advertising campaign will be conducted;
(g)the intended effect of the government advertising campaign.
9Exemption certificate
(1)The Minister may issue an exemption certificateexempting agovernment advertising campaign from requiring a Notice of Compliance.
(2)The Minister may only issue an exemption certificate under subsection (1) if the government advertising campaign is—
(a)for the purpose of disseminating information about public health or safety programs, including workplace safety or road safety programs; or
(b)an advertisement for a stated job; or
(c)an advertisement for a tender; or
(d)carried out by a government agency in relation to the routine administration of government functions; or
(e)appropriate because of—
(i)an emergency; or
(ii)a matter of extreme urgency; or
(iii)other extraordinary circumstances.
(3)An exemption certificate under subsection (1) must—
(a)specify the reasons for the exemption; and
(b)state that, in the Minister's opinion, the government advertising campaign is consistent with the advertising principles.
10Government advertising campaign not permitted before an election
s. 10
(1) A government advertising campaign must not be conducted—
(a)if the Legislative Assembly will expire under section 38 of the Constitution Act 1975, in the period commencing on the day which is 60 days before the date on which the Legislative Assembly will expireandending on the election day; and
(b)if the Legislative Assembly is dissolved, in the period commencing on the date of issue of the writs for a general electionandending on the election day.
(2)Subsection (1) does not apply to an exempt government advertising campaign.
11Certain government advertising campaigns not permitted before a by-election
s. 11
(1)A government advertising campaign must not be conductedin the specified period if the purpose of the government advertising campaign is toinfluence electors within the electorate which is the subject of the by-election.
(2)Subsection (1) does not apply to an exempt government advertising campaign.
(3)In this section, specified period means the period commencing on the date of issue of a writ for a by-election for the electorate and ending on the election day.
12Electoral Act 2002
Nothing in this Act limits the operation of the Electoral Act 2002 or regulations made under that Act.
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010
Government (Political) Advertising Bill 2010
Endnotes
Endnotes
By Authority. Government Printer for the State of Victoria.
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561PM18B.I-1/9/2010BILL LC INTRODUCTION 1/9/2010