{"id":"nsw:sl-2024-0407","name":"Government Advertising Regulation 2024","slug":"government-advertising-regulation-2024","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"407 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174436,"registerId":"nsw-sl-2024-0407-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Government Advertising Regulation 2024](/view/html/inforce/current/sl-2024-0407).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Government Advertising Regulation 2018](/view/html/repealed/current/sl-2018-0780), which would otherwise be repealed on 1 September 2024 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Government Advertising Act 2011](/view/html/inforce/current/act-2011-035).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Threshold for peer review of Government advertising campaigns—the Act, s 7(2)","content":"#### 4 Threshold for peer review of Government advertising campaigns—the Act, s 7(2)\n\n4 Threshold for peer review of Government advertising campaigns—the Act, s 7(2)\n\n> The prescribed amount is $250,000.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Exemption from whole Act except prohibition on political advertising—the Act, s 4(5)","content":"#### 5 Exemption from whole Act except prohibition on political advertising—the Act, s 4(5)\n\n5 Exemption from whole Act except prohibition on political advertising—the Act, s 4(5)\n\n> The Act, except section 6(1), does not apply to a Government advertising campaign by or on behalf of the following—\n> \n> > (a) a Royal Commission,\n> \n> > (b) a Special Commission of Inquiry,\n> \n> > (c) the Independent Commission Against Corruption,\n> \n> > (d) the Law Enforcement Conduct Commission,\n> \n> > (e) the Electoral Districts Redistribution Panel, established under the [Electoral Act 2017](/view/html/inforce/current/act-2017-066),\n> \n> > (f) a State owned corporation,\n> \n> > (g) a university established or continued by or under an Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Exemption of certain advertising campaigns by Electoral Commissioner or Electoral Commission—the Act, s 4(5)","content":"#### 6 Exemption of certain advertising campaigns by Electoral Commissioner or Electoral Commission—the Act, s 4(5)\n\n6 Exemption of certain advertising campaigns by Electoral Commissioner or Electoral Commission—the Act, s 4(5)\n\n> The Act, sections 6 and 7(2) do not apply to a Government advertising campaign that—\n> \n> > (a) the Electoral Commissioner or Electoral Commission is required to carry out by law, or\n> \n> > (b) is carried out by the Electoral Commissioner or Electoral Commission for, or in connection with, a particular electoral event, including the following—\n> > \n> > > (i) a State election,\n> > \n> > > (ii) a local government election,\n> > \n> > > (iii) a referendum,\n> > \n> > > (iv) other elections that the Electoral Commissioner is required to administer by law.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Exemption of certain routine advertising campaigns from requirement for compliance certificate—the Act, s 4(5)","content":"#### 7 Exemption of certain routine advertising campaigns from requirement for compliance certificate—the Act, s 4(5)\n\n7 Exemption of certain routine advertising campaigns from requirement for compliance certificate—the Act, s 4(5)\n\n> > (1) A routine advertising campaign of a Government agency is exempt from the Act, section 8 if—\n> > \n> > > (a) the cost of the campaign is not likely to be more than $250,000, and\n> > \n> > > (b) the campaign is procured on behalf of the Government agency by an authorised person, and\n> > \n> > > (c) the authorised person is otherwise authorised to incur the expenditure on behalf of the agency, and\n> > \n> > > (d) in the authorised person’s opinion, the campaign complies with the Act, this regulation and the Government advertising guidelines.\n> \n> > (2) In this section—\n> > \n> > authorised person means a member of staff who is—\n> > \n> > > (a) authorised in writing by the head of the Government agency, or\n> > \n> > > (b) in a class of members of staff authorised in writing by the head of the Government agency.\n> > \n> > routine advertising campaign means a Government advertising campaign principally involving the dissemination of one or more of the following—\n> > \n> > > (a) information about routine matters relating to the provision of services, including notification of service changes,\n> > \n> > > (b) information about requirements imposed on persons,\n> > \n> > > (c) community announcements or notices about community events or activities,\n> > \n> > > (d) notices or announcements required to be made by or under a law,\n> > \n> > > (e) recruitment notices,\n> > \n> > > (f) Government tender or procurement notices.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Exemption from restrictions on advertising campaigns during pre-election period—the Act, s 4(5)","content":"#### 8 Exemption from restrictions on advertising campaigns during pre-election period—the Act, s 4(5)\n\n8 Exemption from restrictions on advertising campaigns during pre-election period—the Act, s 4(5)\n\n> > (1) The Act, section 10 does not apply to a Government advertising campaign relating to the following events—\n> > \n> > > (a) NSW Seniors Festival,\n> > \n> > > (b) the Premier’s Harmony Dinner,\n> > \n> > > (c) NSW Women’s Week, including the NSW Women of the Year Awards.\n> \n> > (2) The Act, section 10 does not apply to a Government advertising campaign by or on behalf of the following—\n> > \n> > > (a) the Art Gallery of New South Wales Trust,\n> > \n> > > (b) the Australian Museum Trust,\n> > \n> > > (c) the Centennial Park and Moore Park Trust,\n> > \n> > > (d) Destination NSW,\n> > \n> > > (e) the department in which the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080) is administered, if the campaign relates to the National Parks and Wildlife Service,\n> > \n> > > (f) the Premier’s Department, if the purpose of the campaign is to promote investment, trade or education in the State,\n> > \n> > > (g) the Library Council of New South Wales,\n> > \n> > > (h) Museums of History NSW,\n> > \n> > > (i) NSW Trains, trading as NSW TrainLink,\n> > \n> > > (j) NSW Trustee and Guardian,\n> > \n> > > (k) the Parramatta Park Trust,\n> > \n> > > (l) Place Management NSW,\n> > \n> > > (m) the Royal Botanic Gardens and Domain Trust,\n> > \n> > > (n) the Sydney Olympic Park Authority,\n> > \n> > > (o) the Sydney Opera House Trust,\n> > \n> > > (p) the Technical and Further Education Commission, also known as the TAFE Commission,\n> > \n> > > (q) the Trustees of the Museum of Applied Arts and Sciences, also known as the Powerhouse Museum,\n> > \n> > > (r) Venues NSW,\n> > \n> > > (s) the Western Sydney Parklands Trust,\n> > \n> > > (t) the Zoological Parks Board of New South Wales, also known as the Taronga Conservation Society Australia.\n> \n> > (3) The Act, section 10 does not apply to a Government advertising campaign on behalf of Create NSW in the Department of Creative Industries, Tourism, Hospitality and Sport.\n> \n> **s 8:** Am 2024 No 82, Sch 2.6","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Repeal and savings","content":"#### 9 Repeal and savings\n\n9 Repeal and savings\n\n> > (1) The [Government Advertising Regulation 2018](/view/html/repealed/current/sl-2018-0780) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Government Advertising Regulation 2018](/view/html/repealed/current/sl-2018-0780), had effect under that regulation continues to have effect under this regulation.","sortOrder":8}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward re-enactment and replacement of the 2018 regulation with the same basic structure and purpose. It maintains the same scope: setting operational details (thresholds, exemptions) for the Government Advertising Act. The amendment note at section 8 indicates minor updates to the list of exempt entities, but this is within the original intended scope of the regulation."},"complexity_factors":["Short document (9 sections, approximately 1,500 words)","Only 2 defined terms ('the Act' and 'authorised person'/'routine advertising campaign' in section 7)","Simple conditional structure: most sections are straightforward lists of exemptions or a single threshold amount","Heavy reliance on external legislation (the Government Advertising Act 2011) for substantive requirements — this regulation mainly fills in specific details like dollar amounts and exemption lists","No nested exceptions or complex cross-referencing within the regulation itself","Section 8 contains a long list of exempted entities (20+ items) which adds bulk but not conceptual complexity"],"plain_english_summary":"This regulation sets the rules for how the New South Wales Government and its agencies can spend public money on advertising. It works together with the Government Advertising Act 2011.\n\n**Key things it does:**\n\n- **Sets a dollar threshold for extra scrutiny**: Any government advertising campaign costing $250,000 or more must go through a \"peer review\" process (where independent experts check it meets the rules before it goes ahead).\n\n- **Bans political advertising**: All government agencies must still follow the ban on using public money for party-political advertising.\n\n- **Lists who gets exemptions**: Certain bodies don't have to follow most of the advertising rules, including:\n  - Royal Commissions and corruption watchdogs (ICAC and the Law Enforcement Conduct Commission)\n  - State-owned corporations and universities\n  - The Electoral Commission (for election-related advertising)\n\n- **Allows routine ads without red tape**: Low-cost routine advertising (under $250,000) — like job ads, tender notices, or service updates — can skip the compliance certificate requirement if an authorised staff member approves it.\n\n- **Carve-outs for pre-election periods**: Normally, government advertising is restricted in the months before an election. This regulation exempts certain cultural institutions (like the Art Gallery, Opera House, and museums) and specific events (like Seniors Festival and Women's Week) from those restrictions.\n\n**Why it matters:**\nThis regulation tries to balance accountability (making sure taxpayer money isn't wasted on political ads) with practicality (letting agencies do necessary day-to-day advertising without excessive paperwork). The pre-election exemptions have been politically sensitive, as they allow certain government bodies to keep advertising even when other agencies are silenced during election campaigns."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals and replaces the 2018 regulation (s 2, s 9(1)) and preserves actions that had effect under the prior regulation (s 9(2)). The text does not state an expansion or narrowing of coverage beyond setting a $250,000 peer-review threshold and listing specific exemptions and routine-campaign criteria; therefore no explicit change of scope is stated in the instrument itself."},"complexity_factors":["Monetary threshold for peer review set at $250,000 (s 4) — a clear numeric rule that triggers additional review requirements.","Multiple categorical exemptions that must be checked case-by-case (listed agencies and bodies in s 5 and s 8).","Detailed routine campaign exemption with four cumulative conditions and a defined meaning of 'routine advertising campaign' (s 7(1)–(2)) creating multi-factor compliance assessment.","Discretionary judgement required: an authorised person's opinion that a campaign complies is a condition of exemption (s 7(1)(d)).","Specific carve-outs for electoral advertising and legally required electoral campaigns (s 6) requiring cross-reference to electoral law.","Cross-references to the Government Advertising Act 2011 and other Acts (s 3, notes) necessitate statutory interpretation across instruments.","Repeal and savings clause preserves existing effects from the 2018 regulation (s 9(1)–(2)), so implementers must map old approvals to the new instrument."],"plain_english_summary":"This regulation replaces the 2018 Government Advertising Regulation and sets practical rules for NSW government advertising. It fixes a $250,000 threshold for peer review, defines when routine campaigns may skip a compliance certificate, and lists agencies and events that are exempt from certain advertising restrictions. It begins on the day it is published.\n\nIt primarily affects government agencies, authorised staff who approve and pay for campaigns, and a set of named bodies (eg universities, state-owned corporations, cultural trusts). It shifts compliance costs to larger campaigns and gives authorised officers limited discretion to certify routine advertising."},"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":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The document supplied consists almost entirely of website navigation elements and status metadata. A meaningful scope assessment would require access to the actual operative provisions of the regulation."},"complexity_factors":["The substantive provisions of the regulation were not included in the provided text — only website metadata and navigation elements were available for analysis, preventing assessment of the actual legal complexity","Regulations of this type typically involve cross-referencing with a parent Act (likely the Government Advertising Act 2011 NSW), adding interpretive layers","Staged repeal mechanism under the Subordinate Legislation Act 1989 adds an administrative dimension to track","As a regulation rather than an Act, it operates within a hierarchy of laws which requires understanding of the parent legislation to fully interpret","Score is conservative given the absence of actual substantive content to assess"],"plain_english_summary":"This NSW regulation sets operational rules limiting how government agencies may use taxpayer funds for public advertising, shaping approvals and conduct of campaigns. It affects NSW agencies, ministers, public servants, contracted media suppliers, and ultimately taxpayers by guarding against misuse of ads for political ends. The regulation automatically expires on 1 September 2029 unless renewed, reflecting routine statutory review."}},"importantCases":[],"_links":{"self":"/api/acts/government-advertising-regulation-2024","history":"/api/acts/government-advertising-regulation-2024/history","analysis":"/api/acts/government-advertising-regulation-2024/analysis","conflicts":"/api/acts/government-advertising-regulation-2024/conflicts","importantCases":"/api/acts/government-advertising-regulation-2024/important-cases","documents":"/api/acts/government-advertising-regulation-2024/documents"}}