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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Government Advertising
Bill 2019
A BILL FOR
An Act to regulate government advertising, and for other
purposes.
Contents
Part 2—Government communications
guidelines
4Government communications
guidelines
Part 3—Regulation
of government advertising
5Ministers and MPs not to
be in government advertising
6Auditor-General to conduct
audits of government advertising
7Auditor-General to report on government
advertising breach
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Government Advertising
Act 2019.
This Act comes into operation on a day to be fixed by
proclamation.
(1) In this Act, unless the contrary intention appears—
cost, in relation to government advertising, includes costs
incurred in connection with—
(a) production and distribution; and
(b) research for the purposes of the advertising; and
(c) evaluation of the likely or actual effectiveness of the
advertising;
government advertising means—
(a) advertising purchased by a government agency under a contract or
arrangement for commercial media distribution; or
(b) advertising of a kind prescribed by the regulations for the purposes
of this paragraph paid for (either in part or in full) by a government
agency,
but does not include advertising of a kind excluded by the regulations from
the ambit of this definition;
government agency means—
(a) a Minister; or
(b) an administrative unit of the Public Service; or
(c) an agency or instrumentality of the Crown; or
(d) a person or body declared under
subsection (2)
to be a government agency,
but does not include a person or body declared under
subsection (2)
not to be a government agency.
(2) The Minister
may, by notice in the Gazette—
(a) declare that a specified person or body is or is not a government
agency for the purposes of this Act; or
(b) vary or revoke a notice under this subsection.
(3) The regulations may provide that this Act does not apply to government
advertising of a prescribed kind or of a prescribed class.
Part 2—Government
communications guidelines
4—Government
communications guidelines
(1) The Minister must
prepare and maintain guidelines (the government communications
guidelines) relating to government communications, including government
advertising.
(2) The Minister must ensure that the government communications guidelines
are published on a website determined by the Minister.
(3) Without limiting
subsection (1)
, the government communications guidelines may include the
following:
(a) requirements relating to the style and content of government
communications;
(b) matters relating to approvals required for government
communications;
(c) requirements relating to the manner in which government communications
may be disseminated;
(d) matters relating to the cost of government communications;
(e) any other matter the Minister thinks fit.
Part 3—Regulation
of government advertising
5—Ministers
and MPs not to be in government advertising
Government advertising must not contain the voice or any image of a
Minister or a Member of Parliament.
6—Auditor-General
to conduct audits of government advertising
(1) Subject to this
section, the Auditor-General may—
(a) on the Auditor-General's own initiative in relation to a financial
year, conduct an audit of government advertising undertaken by a government
agency in that year; or
(b) on the written request of a Member of Parliament, conduct an audit of
particular government advertising identified in the request.
(2) Without limiting
subsection (1)
, the Auditor-General must, in conducting an audit under this section,
determine whether the content of government advertising constitutes a breach of
section 5
.
(3) The content of government advertising will not constitute a breach of
section 5
if—
(a) the voice or image of the Minister or Member of Parliament contained
in the relevant government advertising was recorded or taken while the person
was not a Minister or Member of Parliament; or
(b) the Minister or Member of Parliament did not know, and could not
reasonably be expected to have known, that their voice or image was to be used
in the government advertising.
(4) In conducting an audit under this section, the Auditor-General may
exercise the Auditor-General's functions and powers under Part 3 of the
Public
Finance and Audit Act 1987
as if the audit under this section were an audit under that Act.
7—Auditor-General
to report on government advertising breach
(1) If the
Auditor-General determines, under
section 6(2)
, that the content of government advertising constitutes a breach of
section 5
, the Auditor-General must prepare a report on the matter setting out the
following:
(a) the name of each Minister or Member of Parliament whose voice or image
is contained in the government advertising the subject of the breach;
(b) the cost of the government advertising the subject of the
breach;
(c) the reasons for the determination;
(d) any other matter the Auditor-General thinks relevant.
(2) The Auditor-General must deliver copies of the report prepared under
subsection (1)
to the President of the Legislative Council and the Speaker of the House
of Assembly.
(3) If the President of the Legislative Council or the Speaker of the
House of Assembly is absent at the time the Auditor-General delivers to the
Parliament a report under this section, the Clerk of the relevant House will
receive the report on behalf of the President or the Speaker (as the case may
be) and the report will then be taken to have been delivered to the President or
the Speaker.
(4) The President of the Legislative Council and the Speaker of the House
of Assembly must, not later than the first sitting day after a report has been
delivered (or is taken to have been delivered) to the President or the Speaker
by the Auditor-General under this section, lay them before their respective
Houses.
(5) Subject to
subsection (6)
, the Auditor-General may, after a report has been delivered (or is taken
to have been delivered) to the President of the Legislative Council and the
Speaker of the House of Assembly under this section, publish the report on a
website determined by the Auditor-General or in such other manner as the
Auditor-General thinks fit.
(6) If the day
immediately following the day on which the report is delivered (or is taken to
have been delivered) is a sitting day for either House of the Parliament, the
Auditor-General must not publish the report and other documents in accordance
with
subsection (5)
until the report has been laid before a House of the Parliament.
(1) The Minister may delegate powers or functions under this Act to any
person.
(2) A delegation under this section—
(a) may be absolute or conditional; and
(b) does not derogate from the power of the Minister to act personally in
any matter; and
(c) is revocable at will; and
(d) may, if the instrument of delegation so provides, be further
delegated.
(1) The Governor may make such regulations as are contemplated by this
Act, or as are necessary or expedient for the purposes of this Act.
(2) The regulations may—
(a) be of general or limited application; and
(b) make different provision according to the persons, things or
circumstances to which they are expressed to apply.