{"id":"nsw:act-2011-035","name":"Government Advertising Act 2011","slug":"government-advertising-act-2011","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"35 of 2011","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30863,"registerId":"nsw-act-2011-035-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Government Advertising Act 2011](/view/html/inforce/current/act-2011-035).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > cost of a Government advertising campaign includes the amount paid or payable by or on behalf of a Government agency for the following—\n> > \n> > > (a) research for the purposes of the campaign,\n> > \n> > > (b) production or carrying out of the campaign,\n> > \n> > > (c) media distribution,\n> > \n> > > (d) evaluation of the likely or actual effectiveness of the campaign.\n> > \n> > function includes a power, authority or duty, and exercise a function includes perform a duty.\n> > \n> > governing party means a political party whose parliamentary representatives are Ministers in the Government of New South Wales.\n> > \n> > Government advertising campaign—see section 4.\n> > \n> > Government advertising guidelines—see section 5.\n> > \n> > Government agency means—\n> > \n> > > (a) a Public Service agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040), or\n> > \n> > > (b) a statutory body representing the Crown, or\n> > \n> > > (c) a body (whether incorporated or unincorporated) established or continued for a public purpose by or under the provisions of a statutory instrument, or\n> > \n> > > (d) the NSW Police Force, or\n> > \n> > > (e) the Teaching Service, or\n> > \n> > > (f) the NSW Health Service, or\n> > \n> > > (g) a wholly-owned subsidiary of the Crown in right of the State or of a Government agency, or\n> > \n> > > (h) a body declared to be a Government agency by a regulation under this section.\n> > \n> > head of a Government agency means the person who is or who exercises the functions of chief executive officer of the agency.\n> > \n> > political party means a body or organisation, incorporated or unincorporated, having as one of its objects or activities the promotion of the election to Parliament of a candidate or candidates endorsed by it or by a body or organisation of which it forms part.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2017 No 22, Sch 4.21.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Government advertising campaigns","content":"#### 4 Government advertising campaigns\n\n4 Government advertising campaigns\n\n> > (1) In this Act, Government advertising campaign means the dissemination to members of the public of information about a government program, policy or initiative, or about any public health or safety or other matter, that—\n> > \n> > > (a) is funded by or on behalf of a Government agency, and\n> > \n> > > (b) is disseminated under a commercial advertising distribution agreement by means of radio, television, the Internet, newspapers, billboards, cinemas or other media.\n> \n> > (2) The following are not Government advertising campaigns—\n> > \n> > > (a) the publication of a report that is required to be published by or under an Act,\n> > \n> > > (b) advertising for the purposes of a person or body (other than a political organisation) that is not a Government agency or other public authority and that is wholly or partly sponsored by a Government agency.\n> \n> > (3) In this Act, a reference to a Government advertising campaign of a Government agency is a reference to a campaign funded by money paid by or on behalf of the agency.\n> \n> > (4) For the purposes of this Act, a Government advertising campaign commences when information is first disseminated for the purposes of the campaign.\n> \n> > (5) The regulations may exempt a Government advertising campaign, or a class of Government advertising campaigns, from this Act or the regulations or a provision of this Act or the regulations. An exemption may be unconditional or subject to conditions.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Government advertising campaigns","content":"# Part 2 Government advertising campaigns\n\nPart 2 Government advertising campaigns","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Guidelines for Government advertising campaigns","content":"#### 5 Guidelines for Government advertising campaigns\n\n5 Guidelines for Government advertising campaigns\n\n> > (1) The Minister is to prepare guidelines for Government advertising campaigns (the Government advertising guidelines).\n> \n> > (2) The Minister must publish the Government advertising guidelines in the Government Gazette and must ensure that the guidelines are publicly available free of charge on a website maintained by a Government agency.\n> \n> > (3) The Government advertising guidelines may include the following matters—\n> > \n> > > (a) requirements relating to style and content, dissemination of information and the cost of Government advertising campaigns,\n> > \n> > > (b) any other matter the Minister thinks fit.\n> \n> > (4) The Government advertising guidelines must not be inconsistent with this Act or the regulations.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Prohibitions on political advertising","content":"#### 6 Prohibitions on political advertising\n\n6 Prohibitions on political advertising\n\n> > (1) A Government advertising campaign must not be designed so as to influence (directly or indirectly) support for a political party.\n> \n> > (2) Material that is part of a Government advertising campaign must not contain the name, or give prominence to the voice or any image, of a Minister, any other member of Parliament or a candidate nominated for election to Parliament under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066).\n> \n> > (3) Material that is part of a Government advertising campaign must not contain the name, logo or any slogan of, or any other reference relating to, a political party.\n> \n> > (4) The regulations may make provision for or with respect to the following matters—\n> > \n> > > (a) matters that may be taken into account in determining whether a Government advertising campaign complies with this section,\n> > \n> > > (b) circumstances in which a Government advertising campaign is taken to comply with subsection (1).\n> \n> > (5) This section does not apply to service announcements containing electoral information or other information required to be published for the purposes of a State election.\n> \n> **s 6:** Am 2017 No 66, Sch 8.11.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Cost benefit analysis and peer review required","content":"#### 7 Cost benefit analysis and peer review required\n\n7 Cost benefit analysis and peer review required\n\n> > (1) The head of a Government agency must ensure that a cost benefit analysis of a Government advertising campaign of the agency is carried out before the campaign commences if the cost of that campaign is likely to exceed $1,000,000 or such other amount as may be prescribed by the regulations.\n> \n> > (2) The head of a Government agency must ensure that a peer review of a Government advertising campaign of the agency is carried out before the campaign commences if the cost of that campaign is likely to exceed $50,000 or such other amount as may be prescribed by the regulations.\n> \n> > (3) The Government advertising guidelines may include requirements for cost benefit analyses and peer reviews carried out under this section.\n> \n> > (4) A cost benefit analysis or peer review may be carried out after a Government advertising campaign commences if the head of the Government agency concerned is satisfied that the campaign relates to an urgent public health or safety matter or is required in other urgent circumstances.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Advertising compliance certificates","content":"#### 8 Advertising compliance certificates\n\n8 Advertising compliance certificates\n\n> > (1) A Government advertising campaign of a Government agency must not be commenced unless the head of the agency has given an advertising compliance certificate for the campaign.\n> \n> > (2) An advertising compliance certificate is a certificate certifying that, in the opinion of the head of the Government agency, the proposed Government advertising campaign—\n> > \n> > > (a) complies with this Act, the regulations and the Government advertising guidelines, and\n> > \n> > > (b) contains accurate information, and\n> > \n> > > (c) is necessary to achieve a public purpose and is supported by analysis and research, and\n> > \n> > > (d) is an efficient and cost effective means of achieving that public purpose.\n> \n> > (3) An advertising compliance certificate may be given after a Government advertising campaign commences if the head of the Government agency concerned is satisfied that the campaign relates to an urgent public health or safety matter or is required in other urgent circumstances.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Independent role of heads of Government agencies","content":"#### 9 Independent role of heads of Government agencies\n\n9 Independent role of heads of Government agencies\n\n> > (1) The head of a Government agency is not subject to the direction or control of any Minister in the exercise of the following functions—\n> > \n> > > (a) determining or approving the method, medium or volume of any Government advertising campaign of the agency,\n> > \n> > > (b) determining whether to issue an advertising compliance certificate,\n> > \n> > > (c) determining whether to take debt recovery action and the taking of debt recovery action against a governing party under Part 3.\n> \n> > (2) This section does not apply to functions relating to the determination of budgetary or other financial limits for Government advertising campaigns.","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Restrictions on Government advertising campaigns during pre-election period","content":"#### 10 Restrictions on Government advertising campaigns during pre-election period\n\n10 Restrictions on Government advertising campaigns during pre-election period\n\n> > (1) A Government advertising campaign must not be carried out after 26 January in the calendar year in which the Legislative Assembly is due to expire and before the election for the Legislative Assembly in that year.\n> \n> > (2) This section does not apply to Government advertising campaigns relating to the following matters—\n> > \n> > > (a) public health or safety matters,\n> > \n> > > (b) service announcements or including (but not limited to) service announcements containing electoral information,\n> > \n> > > (c) notices required to be published under a law,\n> > \n> > > (d) job advertisements,\n> > \n> > > (e) tender advertising.","sortOrder":11},{"sectionNumber":"Part 3","sectionType":"part","heading":"Enforcement of Government advertising requirements","content":"# Part 3 Enforcement of Government advertising requirements\n\nPart 3 Enforcement of Government advertising requirements","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Breaches of prohibitions on political advertising","content":"#### 11 Breaches of prohibitions on political advertising\n\n11 Breaches of prohibitions on political advertising\n\n> > (1) If the content or other circumstances of a Government advertising campaign constitute a breach of the requirements of section 6 or regulations made under that section, the cost of the campaign is payable by the governing party at the time the campaign commenced and may be recovered in any court of competent jurisdiction as a debt due to the Crown.\n> \n> > (2) If there was more than one governing party at that time each party is jointly and severally liable for the cost. However, as between themselves they are each liable only for the part of the cost that is proportionate to the proportion that the number of seats each party holds in the Legislative Assembly bears to the total number of seats held in the Legislative Assembly by all the governing parties.\n> \n> > (3) A governing party that pays more than its proportionate part of the cost of a Government advertising campaign has the right to recover the excess from another governing party.\n> \n> > (4) This section is subject to section 13.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Arrangements for payment of recoverable cost","content":"#### 12 Arrangements for payment of recoverable cost\n\n12 Arrangements for payment of recoverable cost\n\n> The regulations may make provision for or with respect to arrangements under which a governing party that is liable to pay the cost of a Government advertising campaign may offset that liability against amounts that would otherwise be paid to the party under the [Electoral Funding Act 2018](/view/html/inforce/current/act-2018-020) or any other Act.\n> \n> **s 12:** Am 2018 No 20, Sch 3.4.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Supreme Court review of liability for campaign costs","content":"#### 13 Supreme Court review of liability for campaign costs\n\n13 Supreme Court review of liability for campaign costs\n\n> > (1) A governing party may apply to the Supreme Court for a review of its liability to pay the whole or part of the cost of a Government advertising campaign.\n> \n> > (2) An application must be made within the period (if any) prescribed by the regulations or within such further period as the Court may allow.\n> \n> > (3) On an application under this section, the Court may do any of the following—\n> > \n> > > (a) determine that the content or other circumstances of the Government advertising campaign do or do not constitute a breach of the requirements of section 6 or regulations made under that section,\n> > \n> > > (b) determine the cost of the Government advertising campaign,\n> > \n> > > (c) having regard to the circumstances of the case, order that a governing party is not required to pay the whole or part of the cost of the Government advertising campaign,\n> > \n> > > (d) order that the whole or part of the cost is required to be paid by a specified governing party in a specified manner or within a specified period.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Auditor-General to conduct performance audit","content":"#### 14 Auditor-General to conduct performance audit\n\n14 Auditor-General to conduct performance audit\n\n> > (1) The Auditor-General must conduct a performance audit of the activities of one or more Government agencies in relation to Government advertising campaigns of the agency in each financial year.\n> \n> > (2) A performance audit is to be carried out within the period (if any) prescribed by the regulations.\n> \n> > (3) Without limiting subsection (1), the Auditor-General must determine whether a Government agency is carrying out activities in relation to Government advertising campaigns effectively and doing so economically and efficiently and in compliance with this Act, the regulations, other laws and the Government advertising guidelines.\n> \n> > (4) The Auditor-General may determine that the content or other circumstances of a Government advertising campaign constitute a breach of the requirements of section 6 or regulations made under that section.\n> \n> > (5) The Auditor-General must include any such determination in the report of the performance audit and must also specify the cost of the Government advertising campaign concerned.\n> \n> > (6) The Auditor-General may determine, at the Auditor-General’s discretion, the Government agencies to be audited under this section.\n> \n> > (7) The performance audit is to be carried out under Division 2A of Part 3 of the Government Sector Audit Act 1983.\n> \n> > (8) The Auditor-General may report on one or more performance audits under this section in a report under Division 2A of Part 3 of the Government Sector Audit Act 1983.\n> \n> > (9) This section does not limit any other function of the Auditor-General under any other law.\n> \n> **s 14:** Am 2018 No 70, Sch 4.38.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Regulations","content":"#### 15 Regulations\n\n15 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Review of Act","content":"#### 16 Review of Act\n\n16 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":19},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions","sortOrder":20},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2 (Repealed)\n\n**sch 2:** Rep 1987 No 15, sec 30C.","sortOrder":25}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained focused on its original purpose of regulating NSW government advertising to prevent misuse of public funds for political promotion. While the Act has been updated five times since 2011 (with versions in 2012, 2017, 2018, and 2021), there is no indication from the available text that its fundamental scope has shifted beyond its original intent. Without access to the full legislative text and amendment history, a definitive assessment cannot be made."},"complexity_factors":["The actual legislative text was not provided — only website metadata and navigation elements were included, making full analysis impossible.","The Act itself is a relatively targeted piece of legislation with a focused purpose (regulating government advertising), which generally limits complexity.","Multiple responsible ministers suggest some cross-portfolio administrative complexity.","The Act has been amended multiple times since 2011, meaning practitioners must track version history to understand what applied at any given time.","Interaction with other administrative arrangements orders adds a layer of cross-referencing complexity."],"plain_english_summary":"The Government Advertising Act 2011 (NSW) restricts how NSW government bodies use taxpayer money for advertising, aiming to prevent public funds being spent on partisan or promotional campaigns and ensure advertising is informative and in the public interest. It affects NSW taxpayers, government agencies and ministers who oversee and approve campaigns, and matters because it guards against misuse of public funds for political advantage."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The 2017 and 2018 amendments visible in the text (updating references to the Electoral Act 2017 and Electoral Funding Act 2018) are technical updates following statutory restructures rather than substantive expansions of scope. The core framework—regulating government advertising to prevent partisan use, requiring compliance certificates, and imposing financial liability on political parties for breaches—remains as originally enacted."},"complexity_factors":["Moderate cross-referencing to other statutes (Government Sector Employment Act 2013, Electoral Act 2017, Electoral Funding Act 2018, Government Sector Audit Act 1983)","Multiple exemption clauses creating conditional application (sections 4(5), 6(5), 10(2), 14(9))","Nested liability calculations for governing parties in coalition governments (section 11(2)-(3))","Delegated legislative power allowing regulations to prescribe monetary thresholds, time periods, and detailed compliance matters (sections 7, 8, 12, 13, 15)","Approximately 15 defined terms in section 3, some incorporating definitions from other Acts by reference","Procedural safeguards requiring independent decision-making by agency heads (section 9) with specific carve-out for budgetary control"],"plain_english_summary":"This law sets the rules for how the New South Wales Government can spend public money on advertising. It aims to stop taxpayer-funded ads from being used for political purposes.\n\n**Key things the law does:**\n\n*   **Defines what counts as a Government ad:** It covers any publicly funded information campaign about government programs or public health/safety that uses commercial media like TV, radio, billboards, or the internet. Routine reports, job ads, and ads by non-government groups (even if sponsored) are excluded.\n\n*   **Bans political advertising:** Government ads cannot promote a political party, feature Ministers or MPs (their names, voices, or images), or use party logos or slogans. There are exceptions for urgent public health announcements and required electoral information.\n\n*   **Requires checks before spending big money:** If a campaign costs more than $50,000, it needs an independent peer review. If it costs more than $1 million, it also needs a cost-benefit analysis (checking if the benefits are worth the cost). Urgent health or safety campaigns can skip ahead but must catch up later.\n\n*   **Makes agency heads personally responsible:** The head of each government agency must sign a certificate confirming the ad is accurate, necessary, cost-effective, and follows the rules. They cannot be bossed around by Ministers on these decisions (though Ministers still control the overall budget).\n\n*   **Bans most advertising before elections:** From 26 January in an election year until polling day, government agencies cannot run ad campaigns. Exceptions apply for public health/safety, job ads, legal notices, and tender advertising.\n\n*   **Hits political parties in the pocket for breaches:** If an ad breaks the political advertising rules, the governing party (or parties) must pay the money back to the government. They can challenge this in the Supreme Court. The Auditor-General also audits ad spending every year to check for waste or rule-breaking.\n\n**Who it affects:** All NSW Government agencies, Ministers, public servants managing communications budgets, and political parties (who risk having to repay public money if they break the rules)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's text includes amendment notes (see marginal notes to s3, s6, s12, s14) indicating subsequent legislative changes to definitions and provisions since original enactment. Separately, the regulations may carve out exemptions to the Act or particular provisions (s4(5)), giving executive instruments power to narrow or alter operational scope without primary‑law amendment."},"complexity_factors":["Detailed definitions and scope of 'Government advertising campaign' and 'Government agency' (s3, s4) that determine what is captured and what is excluded.","Tiered compliance requirements with monetary thresholds for cost–benefit analysis and peer review, plus urgent-exception carve-outs (s7).","Mandatory advertising compliance certificate regime placing primary compliance burden on heads of agencies and allowing post‑hoc certification in urgent cases (s8).","Independent decisionmaking protected for heads of agencies regarding campaign method and certification, while budgetary limits remain ministerial (s9).","Civil enforcement mechanism making governing parties financially liable for breaches, including joint and several liability with proportional internal allocation rules (s11(1)–(3)).","Judicial review route via Supreme Court for governing parties to contest liability and cost apportionment (s13).","Regulatory and ministerial discretion: Minister prepares guidelines and Governor may make regulations; regulations may also exempt campaigns or classes of campaigns (s5, s15, s4(5)).","Operational oversight and compliance auditing by the Auditor‑General with power to find breaches and report costs (s14).","Pre‑election blackout and explicit exceptions (s10) which create timing constraints and potential strategic compliance issues.","Transitional and savings provisions plus amendment notes in the text signalling past changes to definitions and procedures (Schedule 1; marginal amendment notes to s3, s6, s12, s14)."],"plain_english_summary":"This Act sets rules for New South Wales government advertising: it defines what counts as a government advertising campaign, requires public guidelines, bans material intended to influence support for political parties, and imposes a pre‑election blackout. Agency heads must certify campaigns and, for larger campaigns, commission cost–benefit analyses and peer reviews. If advertising breaches the political-content rules, the governing party at the campaign’s start can be made financially liable for the campaign cost."}},"importantCases":[],"_links":{"self":"/api/acts/government-advertising-act-2011","history":"/api/acts/government-advertising-act-2011/history","analysis":"/api/acts/government-advertising-act-2011/analysis","conflicts":"/api/acts/government-advertising-act-2011/conflicts","importantCases":"/api/acts/government-advertising-act-2011/important-cases","documents":"/api/acts/government-advertising-act-2011/documents"}}