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

                     (c)  details of the type of media to be used for the proposed 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.

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

                     (c)  general recommendations relating to accountability.

             (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 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);

                     (c)  details of expenditure by media type during that year (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):

                                                            (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

(C)       advertising agency; and

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.