{"id":"a-2009-55","name":"Government Agencies (Campaign Advertising) Act 2009","slug":"government-agencies-campaign-advertising-act-2009","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"55 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":23656,"registerId":"act-a-2009-55-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Government Agencies (Campaign Advertising) Act 2009","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Agencies (Campaign\nAdvertising) Act 2009\nA2009-55\nRepublication No 4\nEffective: 16 December 2025\nRepublication date: 16 December 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Government Agencies (Campaign Advertising) Act 2009 (including\nany amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force\non 16 December 2025. It also includes any commencement, amendment, repeal or expiry\naffecting this republished law to 16 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Agencies (Campaign\nAdvertising) Act 2009\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Object of Act 2\nPart 2 Important concepts\n6 General principles 3\n7 What is a government agency? 3\n8 Who is a responsible person? 4\n9 What is a government campaign? 4\n\nContents\nPage\ncontents 2 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 What are campaign costs? 5\n11 What is party political? 5\nPart 3 Campaign advertising reviewer\n12 Appointment of reviewer 6\n13 Reviewer’s functions 7\nPart 4 Requirements for government campaigns\n14 Reviewer to review certain government campaigns 8\n15 Government campaigns must comply with Act 9\n16 Statement of total campaign costs 9\n17 Minister must make guidelines 9\n18 Government campaigns before election restricted 12\nPart 5 Reporting\n19 Reviewer to prepare report 13\n20 Reviewer to give report to Legislative Assembly 14\n21 Reporting sensitive information 15\n22 Reports to be given to Speaker 16\nPart 6 Miscellaneous\n23 Exemptions 17\n24 Regulation-making power 17\nDictionary 18\nEndnotes\n1 About the endnotes 19\n2 Abbreviation key 19\n3 Legislation history 20\n4 Amendment history 21\n5 Earlier republications 22\n\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nGovernment Agencies (Campaign\nAdvertising) Act 2009\nAn Act about campaign advertising by government agencies\n\nPart 1 Preliminary\nSection 1\npage 2 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Government Agencies (Campaign Advertising)\nAct 2009.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘general election—see the Electoral\nAct 1992, dictionary.’ means that the term ‘general election is defined in\nthat dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears\n(see Legislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n5 Object of Act\nThe object of this Act is to prevent the use of public funds for\nadvertising or other communications for party political purposes.\n\nImportant concepts Part 2\nSection 6\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Important concepts\n6 General principles\nThe following general principles apply to the use of public funds for\ngovernment campaigns:\n(a) members of the public have the right to access comprehensive\ninformation about government policies, programs and services\nwhich affect their entitlements, rights and obligations;\n(b) governments may use public funds for information programs\nand education campaigns to explain government policies,\nprograms or services and to tell members of the public about\ntheir entitlements, rights and obligations;\n(c) information programs and education campaigns must not be\nconducted for party political purposes.\n7 What is a government agency?\nIn this Act:\ngovernment agency means:\n(a) an administrative unit; or\n(b) a territory instrumentality; or\n(c) a statutory office-holder and the staff assisting the statutory\noffice-holder; or\n(d) a territory-owned corporation.\n\nPart 2 Important concepts\nSection 8\npage 4 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n8 Who is a responsible person?\nIn this Act:\nresponsible person, for a government agency, means—\n(a) for an administrative unit—the responsible Minister; and\n(b) for a territory instrumentality—the chief executive officer; and\n(c) for a statutory office-holder and the staff assisting the statutory\noffice-holder—the statutory office-holder; and\n(d) for a territory-owned corporation—the chief executive of the\ncorporation.\n9 What is a government campaign?\nIn this Act:\ngovernment campaign—\n(a) means the dissemination by a government agency of information\nto members of the public about a government program, policy\nor matter which affects their entitlements, rights or obligations;\nand\n(b) includes an information program or education campaign to\nexplain the program, policy or matter; but\n(c) does not include any of the following:\n(i) dissemination of information about public health or safety\nprograms, including road safety programs;\n(ii) advertisements for stated jobs;\n(iii) tender advertising;\n\nImportant concepts Part 2\nSection 10\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iv) other routine advertising campaigns carried out by an\nagency in relation to its operational activities.\nExamples—par (c) (i)\n1 road safety programs about the dangers of drink driving, speeding or not\nwearing seatbelts\n2 public health programs about the dangers of smoking or obesity\n3 public health programs about losing weight and getting fit\nExamples—par (c) (iv)\n1 notices about traffic or transport\n2 notice of garbage collection times\n3 tourism campaigns\n10 What are campaign costs?\nIn this Act:\ncampaign costs—\n(a) means the cost of the development, production and conduct of\ngovernment campaigns; and\n(b) includes the costs relating to using the media.\nExamples—campaign costs\n1 cost of using market research agencies, public relations consultants or\nadvertising agencies to develop information\n2 production costs of press, radio, on-line or other electronic media, cinema or\ntelevision advertisements\n3 production costs of audio-visual material\n4 production costs of pamphlets and explanatory booklets\n11 What is party political?\nIn this Act:\nparty political—something is party political if it is designed to\npromote the policies, past performance, achievements or intentions of\na program or the government with a view to advancing or enhancing\na political party’s reputation rather than informing the public.\n\nPart 3 Campaign advertising reviewer\nSection 12\npage 6 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Campaign advertising reviewer\n12 Appointment of reviewer\n(1) The Minister must appoint a person to be the campaign advertising\nreviewer (the reviewer).\nNote For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\n(2) The Minister must not appoint a person as reviewer unless satisfied\nthat the person has experience or expertise in 1 or more of the\nfollowing areas:\n(a) media and advertising;\n(b) legal;\n(c) government administration.\n(3) The reviewer must not be a public servant.\n(4) The Minister must not appoint a person as reviewer unless the\nLegislative Assembly has approved the appointment, by resolution\npassed by a majority of at least 2/3 of the members.\n(5) The reviewer must be appointed for not longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n(6) The conditions of appointment of the reviewer are the conditions\nagreed between the Minister and the reviewer, subject to any\ndetermination under the Remuneration Tribunal Act 1995.\n(7) The Legislation Act, division 19.3.3 (Appointments—Assembly\nconsultation) does not apply to the appointment of a reviewer.\n\nCampaign advertising reviewer Part 3\nSection 13\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n13 Reviewer’s functions\n(1) The reviewer has the following functions:\n(a) to review proposed government campaigns to ensure campaigns\ncomply with this Act;\n(b) to report to the responsible person and the Legislative Assembly\nthe result of each review mentioned in paragraph (a).\n(2) The reviewer has any other function given to the reviewer by this Act.\nNote 1 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including regulations (see Legislation\nAct, s 104).\nNote 2 A provision of a law that gives an entity a function also gives the entity\npowers necessary and convenient to exercise the function (see Legislation\nAct, s 196 and dict, pt 1, def entity).\n\nPart 4 Requirements for government campaigns\nSection 14\npage 8 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Requirements for government\ncampaigns\n14 Reviewer to review certain government campaigns\n(1) If the campaign costs of a government campaign proposed by a\ngovernment agency are likely to exceed $40 000, the responsible\nperson for the agency must ask the reviewer to review the proposed\ncampaign and report to the responsible person about whether it\ncomplies with this Act.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including guidelines (see Legislation Act,\ns 104).\n(2) The responsible person for a government agency may ask the\nreviewer to review, and report to the responsible person about, a\ngovernment campaign proposed by the agency even if the campaign\ncosts are not expected to exceed $40 000 if the responsible person\nconsiders that the subject matter of the campaign is sensitive or\notherwise considers that a review is appropriate.\n(3) If the reviewer is asked to review a proposed government campaign,\nthe reviewer must—\n(a) review the campaign; and\n(b) report to the responsible person on whether the campaign\ncomplies with this Act.\n\nRequirements for government campaigns Part 4\nSection 15\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Government campaigns must comply with Act\nThe responsible person for a government agency may conduct a\ngovernment campaign only if—\n(a) the responsible person certifies that the campaign complies with\nthis Act; and\n(b) if the campaign costs for the campaign are likely to exceed\n$40 000—the reviewer has reported to the responsible person in\nrelation to the compliance of the campaign with this Act.\n16 Statement of total campaign costs\n(1) The responsible person for a government agency that has undertaken\na government campaign must prepare a statement of the total\ncampaign costs for the campaign.\n(2) The statement must set out any development and production costs of\nthe government campaign that can be separately identified.\n17 Minister must make guidelines\n(1) The Minister must make guidelines for this Act consistent with its\nobject and the general principles.\n(2) Guidelines are a disallowable instrument.\n(3) Without limiting subsection (1), the guidelines must include\nprovisions to the following effect:\n(a) information in a government campaign must be relevant to\ncurrent government responsibilities;\nExamples—information relevant to current government\n1 information about existing or new government policies or policy\nchanges for which there is legislative authority, an appropriation or a\ncurrent government decision to implement\n2 information about government programs or services or changes to\nprograms or services for which there is legislative authority, an\nappropriation or a current government decision to implement\n\nPart 4 Requirements for government campaigns\nSection 17\npage 10 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 scientific, medical or health and safety information\n4 information about government performance to facilitate accountability\nto the public\n(b) information in a government campaign must be presented in an\nobjective and fair way and not include—\n(i) comment or opinion, unless the comment or opinion is\nclearly identified as comment or opinion and is clearly\ndistinguishable from statements of fact; or\n(ii) statements promoting the government’s performance;\nExamples\n1 objective facts and explanatory information are included\n2 material presented as fact is based on and conforms with accurate,\nverifiable facts\n3 factual comparisons are presented in a way that is not misleading and\nstate the basis for comparison\n4 existing policies, services or activities are not represented as new\n(c) information in a government campaign must not include slogans\nor other advertising techniques designed to have, or likely to\nhave, the effect of promoting a political party or position instead\nof communicating a factual message;\nExample—advertising techniques\njingles\n(d) information in a government campaign must be presented in a\nway that is accessible and takes into account any special\ncommunication needs of particular people or groups;\nExamples—groups that may have special communication needs\n1 young people\n2 Aboriginal and Torres Strait Islanders\n3 people whose first language is not English\n\nRequirements for government campaigns Part 4\nSection 17\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) information in a government campaign must not be directed at\npromoting the government or party political interests in any\nway, including by way of—\n(i) content; or\n(ii) source; or\n(iii) reason; or\n(iv) purpose; or\n(v) choice of media; or\n(vi) timing, geographic or demographic targeting; or\n(vii) designed effect;\nExamples—promoting government or party political interests\n1 mentioning the party in government or the party leader by name\n2 deriding the views, policies or actions of others, including policies and\nopinions of opposition parties or groups\n3 including party-political slogans or images\n4 designing to influence public support for a political party, a candidate\nfor election, a Minister or a member of the Assembly\n5 mentioning or linking to a website of a politician or a political party\n(f) information in a government campaign must be produced and\ndistributed in an efficient, effective and relevant way, with\nregard to accountability;\nExamples\n1 justifiable by cost-benefit analysis in terms of community needs,\nefficiency and effectiveness\n2 clear audit trail regarding decision-making\n3 current procurement policies and procedures for tendering, obtaining\nservices and employing consultants followed\n\nPart 4 Requirements for government campaigns\nSection 18\npage 12 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(g) the presentation and delivery of information in a government\ncampaign must be clearly identified as part of a government\ncampaign;\nExample\na statement at the end of a television or radio announcement\n(h) a government campaign must be presented and delivered in a\nway that recognises the diversity of the ACT community and the\nfull participation of women, and ethnic and Aboriginal and\nTorres Strait Islander communities, by realistically representing\ntheir interests, lifestyles and contributions to Australian society;\n(i) the presentation and delivery of information in a government\ncampaign must comply with any relevant laws in force in the\nACT.\nExample\nprivacy laws\n18 Government campaigns before election restricted\n(1) A government agency must not conduct a government campaign in\nthe pre-election period.\n(2) This section does not apply to the electoral commissioner.\nNote 1 A government campaign does not include advertisements for stated jobs,\ntender advertising or other routine advertising carried out by an agency\nin relation to its operational activities (see s 9, def government\ncampaign).\nNote 2 Also, the Minister may exempt a campaign from this Act in an\nemergency, urgent circumstances or other extraordinary circumstances\n(see s 23).\n\nReporting Part 5\nSection 19\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Reporting\n19 Reviewer to prepare report\n(1) The reviewer must prepare a report for the Legislative Assembly\nabout government campaigns for the following periods (the report\nperiods):\n(a) for a year in which a general election is held—\n(i) the 6-month period ending on 30 June in the year; and\n(ii) the period beginning on 1 July in the year and ending at the\nstart of the pre-election period; and\n(b) for any other year—the 6-month periods ending on 30 June and\n31 December in the year.\n(2) The reviewer must report on the following:\n(a) each proposed government campaign (a proposed campaign)\nreferred to the reviewer in the report period;\n(b) for each proposed campaign—\n(i) the campaign costs itemised by the kind of costs incurred\nand the ways used to disseminate information for the\ncampaign; and\n(ii) the result of the reviewer’s review and the reasons for the\nreviewer’s decision.\n(3) The reviewer must give the report to the Legislative Assembly not\nlater than—\n(a) for a report mentioned in subsection (1) (a) (ii)—2 weeks before\nthe election; and\n(b) for any other report—3 months after the end of the report period.\n\nPart 5 Reporting\nSection 20\npage 14 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n20 Reviewer to give report to Legislative Assembly\n(1) If the Legislative Assembly is sitting when the reviewer has finished\nthe report—\n(a) the reviewer must give the report to the Speaker; and\n(b) the Speaker must present the report to the Legislative Assembly\non the next sitting day.\n(2) If the Legislative Assembly is not sitting when the reviewer has\nfinished the report—\n(a) the reviewer must give the report, and a copy for each member\nof the Legislative Assembly, to the Speaker; and\n(b) the report is taken for all purposes to have been presented to the\nLegislative Assembly on the day the reviewer gives it to the\nSpeaker (the report day); and\n(c) publication of the report is taken to have been ordered by the\nLegislative Assembly on the report day; and\n(d) the Speaker must arrange for a copy of the report to be given to\neach member of the Legislative Assembly on the report day; and\n(e) the Speaker may give directions for the printing and circulation,\nand in relation to the publication, of the report; and\n(f) despite paragraph (b), the Speaker must present the report to the\nLegislative Assembly on the next sitting day.\n(3) The reviewer may give a copy of the report to a Minister who, in the\nreviewer’s opinion, has a special interest in the report.\n(4) In this section:\nSpeaker, for a report given to the Deputy Speaker or clerk under\nsection 22 (Reports to be given to Speaker), means the Deputy\nSpeaker or clerk.\n\nReporting Part 5\nSection 21\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Reporting sensitive information\n(1) A report under this part must not include information for the\nLegislative Assembly if the reviewer considers that disclosing the\ninformation would be contrary to the public interest because it\ncould—\n(a) be an unreasonable disclosure of personal information about a\nperson; or\n(b) disclose a trade secret; or\n(c) disclose information (other than a trade secret) having a\ncommercial value that would be, or could reasonably be\nexpected to be, destroyed or diminished if the information were\ndisclosed; or\n(d) be an unreasonable disclosure of information about the business,\ncommercial or financial interests or affairs of an entity; or\nNote Entity includes a person (see Legislation Act, dict, pt 1).\n(e) prejudice the investigation of a contravention of a law; or\n(f) prejudice the fair trial of a person; or\n(g) prejudice relations between the ACT government and another\ngovernment.\n(2) However, the report may include information mentioned in\nsubsection (1) if the reviewer is satisfied that the substance of the\ninformation is public knowledge.\n(3) If, under subsection (1), the reviewer omits information from a report\nfor the Legislative Assembly, the reviewer may prepare a special\nreport for the relevant Assembly committee that includes the\ninformation.\n(4) The reviewer must give the special report to the presiding member of\nthe relevant Assembly committee.\n\nPart 5 Reporting\nSection 22\npage 16 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(5) The presiding member must present the special report to the relevant\nAssembly committee.\n(6) A special report presented to the relevant Assembly committee is\ntaken for all purposes to have been referred to the committee by the\nLegislative Assembly for inquiry and any report that the committee\nconsiders appropriate.\n(7) In this section:\nrelevant Assembly committee means a standing committee of the\nLegislative Assembly nominated, in writing, by the Speaker for this\nsection.\n22 Reports to be given to Speaker\n(1) A report required by this part to be given to the Speaker must—\n(a) if the Speaker is unavailable—be given to the Deputy Speaker;\nor\n(b) if both the Speaker and Deputy Speaker are unavailable—\nbe given to the clerk of the Legislative Assembly.\n(2) For subsection (1), the Speaker or Deputy Speaker is unavailable if—\n(a) he or she is absent from duty; or\n(b) there is a vacancy in the office.\n\nMiscellaneous Part 6\nSection 23\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Miscellaneous\n23 Exemptions\n(1) The Minister may exempt a campaign from this Act.\n(2) However, the Minister may exempt a campaign only if satisfied it is\nappropriate because of—\n(a) an emergency; or\n(b) extreme urgency; or\n(c) other extraordinary circumstances.\n(3) The Minister must tell the Legislative Assembly, in writing, about an\nexemption and the reasons for the exemption as soon as practicable\nafter the exemption is given.\n(4) An exemption is a disallowable instrument.\n24 Regulation-making power\nThe Executive may make regulations for this Act.\n\nDictionary\npage 18 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACT\n• disallowable instrument (see s 9)\n• electoral commissioner\n• Executive\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• public servant\n• statutory office-holder\n• territory instrumentality.\ncampaign costs—see section 10.\ndirectorate—see the Financial Management Act 1996, dictionary.\ngeneral election—see the Electoral Act 1992, dictionary.\ngovernment agency—see section 7.\ngovernment campaign—see section 9.\nparty political—see section 11.\npre-election period—see the Electoral Act 1992, dictionary.\nresponsible person—see section 8.\nreviewer—see section 12.\n\nEndnotes\nAbout the endnotes 1\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws and expiries are listed in the legislation history and\nthe amendment history. These details are underlined. Uncommenced provisions\nand amendments are not included in the republished law but are set out in the last\nendnote.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 20 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nGovernment Agencies (Campaign Advertising) Act 2009 A2009-55\nnotified LR 21 December 2009\ns 1, s 2 commenced 21 December 2009 (LA s 75 (1))\nremainder commenced 1 July 2010 (s 2)\nas amended by\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.72\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.72 commenced 1 July 2011 (s 2 (1))\nLegislation (Legislative Assembly Committees) Amendment Act 2022\nA2022-4 sch 1 pt 1.9\nnotified LR 30 March 2022\ns 1, s 2 commenced 30 March 2022 (LA s 75 (1))\nsch 1 pt 1.9 commenced 6 April 2022 (s 2)\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.87\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.87 commenced 16 December 2025 (s 2 (6))\n\nEndnotes\nAmendment history 4\nR4\n16/12/25\nGovernment Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nMinister must make guidelines\ns 17 am A2025-29 amdt 4.87\nReporting sensitive information\ns 21 am A2011-22 amdt 1.221; A2022-4 amdt 1.30, amdt 1.31\nExemptions\ns 23 am A2025-29 amdt 4.87\nRegulation-making power\ns 24 am A2025-29 amdt 4.87\nDictionary\ndict def directorate ins A2011-22 amdt 1.222\n\nEndnotes\n5 Earlier republications\npage 22 Government Agencies (Campaign Advertising) Act 2009\nEffective: 16/12/25\nR4\n16/12/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n1 July 2010\n1 July 2010-\n30 June 2011\nnot amended new Act\nR2\n1 July 2011\n1 July 2011-\n5 April 2022\nA2011-22 amendments by\nA2011-22\nR3\n6 April 2022\n6 April 2022-\n15 Dec 2025\nA2022-4 amendments by\nA2022-4\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The core object—preventing use of public funds for party-political purposes—remains, but later amendments adjusted operational scope. Amendments updated guideline requirements (s 17 amended 2025), clarified exemption and regulation-making powers (s 23, s 24 amended 2025), and revised sensitive-information reporting (s 21 amended 2011 and 2022). These changes modify how exemptions, guidelines and reporting operate without replacing the Act’s fundamental coverage."},"complexity_factors":["Numerous defined terms (government campaign, campaign costs, party political) that determine coverage and exclusions (ss 9–11)","Bright-line financial threshold ($40,000) triggering mandatory reviewer oversight and reporting (s 14)","Appointment and role rules for a non-public-servant reviewer requiring a 2/3 Assembly approval and fixed term (s 12)","Detailed ministerial guidelines specifying content, presentation, targeting, accessibility and efficiency requirements (s 17)","Pre-election ban on campaigns with a statutory exception and ministerial exemption power (s 18, s 23)","Reporting regime with specific periods, timelines and procedures for sensitive information and special reports to committees (ss 19–22)","Use of disallowable instruments for guidelines and exemptions, and delegated regulation-making power (s 17(2), s 23(4), s 24)","Potential overlap and dependence on definitions in the Electoral Act and other ACT laws (eg pre-election period, general election)"],"plain_english_summary":"This Act sets rules for when and how ACT government agencies may use public money to publish information campaigns. Mechanically, it requires agencies to obtain a reviewer’s check for campaigns likely to cost over $40,000, to certify compliance with ministerial guidelines, to prepare cost statements, and to stop most government campaigns during the pre-election period (with limited ministerial exemptions).\n\nThe stated purpose is to prevent use of public funds for party-political advertising. It affects all ACT government agencies, the appointed reviewer, responsible persons for agencies, and the Minister who issues guidelines and may grant exemptions."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of preventing misuse of public funds for campaign advertising. The 2025 amendments (A2025-29) appear to be minor technical or drafting updates to sections 17, 23, and 24 rather than substantive expansions of scope. The core mechanism – independent review of high-cost campaigns, guidelines, and pre-election restrictions – remains unchanged from the 2009 original intent."},"complexity_factors":["Straightforward structure with only 6 Parts and 24 sections","Clear definitions in dedicated sections (ss 7-11) with concrete examples","Single threshold trigger ($40,000) for mandatory review creates bright-line rule","Extensive use of examples throughout (ss 9, 10, 17) aids interpretation","Some cross-referencing to other ACT legislation (Electoral Act 1992, Financial Management Act 1996, Legislation Act 2001) but signposted clearly in dictionary","Conditional logic limited to: exemption power (s 23), pre-election restriction (s 18), and sensitive information reporting (s 21)","No nested exceptions or deeply conditional drafting structures","Guidelines content (s 17) is prescriptive but presented as dot-point requirements rather than dense legislative prose"],"plain_english_summary":"This law prohibits taxpayer-funded political advertising by ACT government agencies and ministers, requiring campaigns to be factual, non-partisan and subject to ministerial guidelines. Campaigns likely to cost over $40,000 must be pre-cleared by an independent Campaign Advertising Reviewer, who is appointed with Legislative Assembly approval.\n\nIt also imposes a pre-election blackout on most government campaigns and mandates spending transparency and regular reporting to the Assembly, preserving public information while blocking government-funded electioneering."}},"importantCases":[],"_links":{"self":"/api/acts/government-agencies-campaign-advertising-act-2009","history":"/api/acts/government-agencies-campaign-advertising-act-2009/history","analysis":"/api/acts/government-agencies-campaign-advertising-act-2009/analysis","conflicts":"/api/acts/government-agencies-campaign-advertising-act-2009/conflicts","importantCases":"/api/acts/government-agencies-campaign-advertising-act-2009/important-cases","documents":"/api/acts/government-agencies-campaign-advertising-act-2009/documents"}}