{"id":"BILL-ACT-db-73738","name":"Government Agencies (Campaign Advertising) Amendment Bill 2025","slug":"government-agencies-campaign-advertising-amendment-bill-2025","collection":"bill","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-12-04","administeringDepartment":null,"currentVersion":{"id":457653,"registerId":"BILL-ACT-db-73738:current","compilationNumber":null,"startDate":"2025-12-04","status":"in_force","reasons":null,"registeredAt":"2026-05-18T02:36:56.537Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Government Agencies (Campaign Advertising) Amendment Bill 2025\n\nJ2025-358\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2025\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Andrew Braddock)\nGovernment Agencies (Campaign\nAdvertising) Amendment Bill 2025\nContents\nPage\n1 Name of Act 2\n2 Commencement 2\n3 Legislation amended 2\n4 Section 11 2\n5 Minister must make guidelines\nNew section 17 (3) (aa) 3\n6 Section 17 (3) (e) 3\n7 Section 17 (3) (e), examples heading 4\n8 Section 17 (3) (e), example 1 4\n9 Section 18 heading 4\n\nContents\nPage\ncontents 2 Government Agencies (Campaign Advertising)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n10 New section 18 (1A) 4\n11 New section 18 (3) 5\n12 Reviewer to prepare report\nNew section 19 (1) (a) (iii) 5\n13 Dictionary, definition of party political 5\n14 Dictionary, new definitions 5\n\nJ2025-358\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n2025\nTHE LEGISLATIVE ASSEMBLY\nFOR THE AUSTRALIAN CAPITAL TERRITORY\n(As presented)\n(Andrew Braddock)\nGovernment Agencies (Campaign\nAdvertising) Amendment Bill 2025\nA Bill for\nAn Act to amend the Government Agencies (Campaign Advertising) Act 2009\nThe Legislative Assembly for the Australian Capital Territory enacts as follows:\n\nSection 1\npage 2 Government Agencies (Campaign Advertising)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of Act1\nThis Act is the Government Agencies (Campaign Advertising)2\nAmendment Act 2025.3\n2 Commencement4\nThis Act commences on a day fixed by the Minister by written notice.5\nNote 1 The naming and commencement provisions automatically commence on6\nthe notification day (see Legislation Act, s 75 (1)).7\nNote 2 A single day or time may be fixed, or different days or times may be8\nfixed, for the commencement of different provisions (see Legislation Act,9\ns 77 (1)).10\nNote 3 If a provision has not commenced within 6 months beginning on the11\nnotification day, it automatically commences on the first day after that12\nperiod (see Legislation Act, s 79).13\n3 Legislation amended14\nThis Act amends the Government Agencies (Campaign Advertising)15\nAct 2009.16\n4 Section 1117\nsubstitute18\n11 What is a party political purpose?19\n(1) For this Act, something has a party political purpose if—20\n(a) it is designed to promote the policies, past performance,21\nachievements or intentions of a program or the government with22\na view to enhancing a political party’s reputation rather than23\ninforming the public; or24\n(b) it depicts, names or otherwise identifies a member of the25\nLegislative Assembly, or a candidate or prospective candidate26\nfor an election; or27\n\nSection 5\nGovernment Agencies (Campaign Advertising)\nAmendment Bill 2025\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) it names or otherwise identifies a registered party or uses the1\nparty’s brand or something resembling the brand.2\n(2) However, something does not have a party political purpose only3\nbecause of subsection (1) (b) or (c) if it is—4\n(a) required to be done under a law applying in the ACT; or5\n(b) in a report or other document prepared for presentation to the6\nLegislative Assembly.7\n(3) In this section:8\ncandidate means a person declared to be a candidate under the9\nElectoral Act 1992, section 109.10\nelection—see the Electoral Act 1992, dictionary.11\nprospective candidate—see the Electoral Act 1992, section 198.12\n5 Minister must make guidelines13\nNew section 17 (3) (aa)14\nafter the examples, insert15\n(aa) information in a government campaign must not relate to a16\nproposed government program, policy or matter (including17\nproposed legislation) unless the campaign is to conduct public18\nconsultation on the proposal;19\n6 Section 17 (3) (e)20\nomit21\ninformation in a government campaign must not be directed at22\npromoting the government or party political interests23\nsubstitute24\na government campaign must not have a party political purpose or25\ninclude information directed at promoting the government26\n\nSection 7\npage 4 Government Agencies (Campaign Advertising)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n7 Section 17 (3) (e), examples heading1\nsubstitute2\nExamples—party political purposes or promoting the government3\n8 Section 17 (3) (e), example 14\nsubstitute5\n1 mentioning the party in government or naming or including an image of6\nthe party leader7\n9 Section 18 heading8\nsubstitute9\n18 Government campaigns before Territory and10\nCommonwealth elections restricted11\n10 New section 18 (1A)12\ninsert13\n(1A) A government agency must not conduct a government campaign in a14\nCommonwealth pre-election period unless conducting the campaign15\nduring the period has been approved by—16\n(a) the Chief Minister; and17\n(b) the Leader of the Opposition; and18\n(c) the leader (however described) of each registered party (other19\nthan the party to which the Chief Minister or Leader of the20\nOpposition belongs) if at least 2 members of the Legislative21\nAssembly are members of the party.22\n\nSection 11\nGovernment Agencies (Campaign Advertising)\nAmendment Bill 2025\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 New section 18 (3)1\nbefore the notes, insert2\n(3) In this section:3\nCommonwealth pre-election period means a period—4\n(a) beginning at the time a writ is issued for—5\n(i) an election of Senators for the ACT; or6\n(ii) a general election of members of the House of7\nRepresentatives; or8\n(iii) an election of a member of the House of Representatives9\nfor a Division in the ACT; and10\n(b) ending at the end of the polling day for the election.11\nDivision—see the Commonwealth Electoral Act 1918 (Cwlth),12\nsection 4 (1).13\n12 Reviewer to prepare report14\nNew section 19 (1) (a) (iii)15\ninsert16\n(iii) the period beginning on the day after the pre-election17\nperiod and ending on 31 December in the year; and18\n13 Dictionary, definition of party political19\nomit20\n14 Dictionary, new definitions21\ninsert22\nparty political purpose—see section 11.23\nregistered party—see the Electoral Act 1992, dictionary.24\n\npage 6 Government Agencies (Campaign Advertising)\nAmendment Bill 2025\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 Presentation speech\nPresentation speech made in the Legislative Assembly on 4 December 2025.\n2 Notification\nNotified under the Legislation Act on 2025.\n3 Republications of amended laws\nFor the latest republication of amended laws, see www.legislation.act.gov.au.\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"summary":{"status_summary":"The Government Agencies (Campaign Advertising) Amendment Bill 2025 was introduced in the ACT Legislative Assembly on 4 December 2025 and has not yet been passed or commenced.","complexity_score":5,"likely_questions":["What exactly constitutes a 'party political purpose' under the new definition?","How will the approval process work for government campaigns during federal election periods?","Does the bill apply to all government agencies, including statutory authorities?","What happens if the Chief Minister, Leader of the Opposition, or other party leaders do not agree to approve a campaign?","When will the bill commence, and what happens if the Minister does not set a date?","Does the bill affect existing government advertising guidelines or codes?"],"complexity_factors":["Revised definition of party political purpose introduces new criteria and exceptions","New multi-party approval requirement for government campaigns during Commonwealth pre-election periods","Guideline restricting campaign content about proposed policies unless for public consultation","Definition of Commonwealth pre-election period tied to writ issuance and polling day","Reporting period extended by amendment to reviewer obligations"],"plain_english_summary":"The bill tightens the ACT’s government advertising rules by broadening what counts as a “party political purpose,” restricting campaigns about proposed policies unless for consultation, and imposing multi‑party approvals for any agency advertising during Commonwealth election writ periods. It affects all ACT government agencies, curbs use of public funds to promote government proposals, may reduce pre‑election advertising and add compliance costs for taxpayers, and requires updated reporting by the independent reviewer."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The amendments broaden and deepen the original Act’s limits on government advertising. Compared with a straightforward prohibition on electoral or promotional advertising, this version (1) expands the statutory test for what counts as a party political purpose (new s 11), (2) adds an explicit ban on advertising proposed programs or policies except when used for public consultation (new s 17(3)(aa)), and (3) imposes a cross‑party approval requirement for campaigns during defined Commonwealth pre-election periods (new s 18(1A)). Together these changes increase the Act’s reach into the timing and substantive content of government communications and add political-approval procedures that were not present before."},"complexity_factors":["New substantive definition of 'party political purpose' with a 3-part test (new s 11)","A narrow exception to that definition (s 11(2)) creating a conditional carve‑out","Replacement and addition to section 17 introducing both a ban on promotion and a separate prohibition on advertising proposed policies unless used for public consultation (s 17(3)(e) and new s 17(3)(aa))","Introduction of an approval gate during Commonwealth pre-election periods requiring sign-off by multiple named political actors (new s 18(1A))","New cross-reference to Commonwealth writ timing and polling day to define the pre-election period (new s 18(3))","Extension to the reviewer’s reporting period tied to the pre-election calendar (new s 19(1)(a)(iii))","Cross-references to external statutes for defined terms (Electoral Act 1992; Commonwealth Electoral Act 1918)","Relatively short Bill length but with several conditional rules and cross-jurisdictional timing dependencies"],"plain_english_summary":"**What the law changes (mechanics)\n\n- Broadens what counts as \"party political\" advertising. The Act now says a communication has a party political purpose if it is designed to promote a political party’s reputation rather than inform the public; if it depicts or names a member of the Legislative Assembly or a candidate; or if it names or uses the brand of a registered party (see new section 11). The definition keeps narrow exceptions for material required by law or documents prepared for the Legislative Assembly (s 11(2)).\n\n- Prohibits government campaigns that have a party political purpose or otherwise promote the government. The text of section 17(3)(e) is replaced so that a government campaign must not have a party political purpose or include information directed at promoting the government (amending section 17(3)(e)). The examples heading and example are updated to make clear that mentioning the governing party or the party leader is an illustration (s 17 examples).\n\n- Stops agencies from advertising proposed government programs, policies or matters unless the campaign is specifically for public consultation on that proposal. This is added to the guideline requirements (new section 17(3)(aa)).\n\n- Restricts government campaigns during Commonwealth pre-election periods. A government agency may not run a government campaign in a Commonwealth pre-election period unless the campaign is approved by the Chief Minister, the Leader of the Opposition, and the leader of each relevant registered party (if that party has at least two Assembly members) (new s 18(1A)). The Bill defines a Commonwealth pre-election period as the time from issue of a relevant writ (Senate, House, or ACT Division House of Reps election) until polling day (new s 18(3)).\n\n- Extends the reviewer’s reporting period to explicitly cover the time after a pre-election period until year‑end (new s 19(1)(a)(iii)).\n\nWho this affects\n\n- Government agencies and public servants who design, approve or run government campaigns in the ACT. They must apply the new, broader test for \"party political purpose\", adopt the new guideline restriction on proposed policies, and seek multi-leader approvals for campaigns during Commonwealth pre-election periods (see ss 11, 17(3)(aa), 18(1A)).\n\n- Political party leaders and the Leader of the Opposition, who are given a formal role in approving campaigns that take place in the defined pre-election window (new s 18(1A)).\n\n- Media and advertising suppliers that carry government campaigns: the measure is likely to reduce the quantity or timing of paid government advertising around Commonwealth election writs (see s 18(3)).\n\nWhy it matters (official purpose and practical effects)\n\n- The Bill’s stated purpose is to limit government-funded advertising that promotes a party or government rather than informing the public. Mechanically it does this by (a) expanding what counts as \"party political\" material (s 11); (b) prohibiting campaigns that have that purpose (s 17(3)(e)); (c) preventing announcement-style advertising about proposed programs except where used to consult (s 17(3)(aa)); and (d) pausing campaigns during Commonwealth pre-election periods unless they have cross-party approval (s 18(1A), s 18(3)).\n\n- Costs, incentives and trade-offs to note (mechanisms, not judgments):\n  - Compliance and precaution: Agencies now operate under a broader, somewhat subjective test (\"designed to promote … rather than informing the public\"), which may incentivise conservative decision-making (self-censorship) to avoid breaching the ban (s 11). That increases administrative review and legal risk costs for agencies.\n  - Delay and negotiation: The approval requirement in a Commonwealth pre-election period vests veto power in multiple political leaders (Chief Minister, Leader of the Opposition, and specified party leaders). That creates delay and requires inter-party negotiation before some time-sensitive communications can proceed (new s 18(1A)).\n  - Reduced advertising demand: Media and advertising providers may face lower volumes or shifted timing for government-paid campaigns in the pre-election window and when a campaign involves a proposed policy (s 17(3)(aa); s 18(3)). This is a concrete effect on private suppliers who depend on government advertising revenue.\n  - Information trade-off: The change narrows when agencies may communicate about proposed measures (only for consultation), which may reduce the flow of announcement-style information to the public before proposals mature (s 17(3)(aa)).\n  - Concentrated decision points: Benefits from blocking a campaign (for example, preventing promotional announcements by the government) are concentrated among political opponents and the public generally benefits diffusely; the mechanism for concentrated influence is the requirement that specific leaders sign off on campaigns in the pre-election period (s 18(1A)).\n\nImplementation risks and practicalities\n\n- Ambiguity in the new phrase \"designed to promote … rather than informing the public\" may produce disputes about borderline material; agencies will need clear internal processes and likely legal input to apply the test (s 11).\n- The pre-election approval rule ties operational decisions to partisan actors and introduces potential timing risk where rapid public-health, safety or emergency communications coincide with a pre-election period — the Bill contains no express fast-track or emergency carve‑out in the inserted text (new s 18(1A); compare s 11(2) exceptions for legal requirements or Assembly documents).\n\nPrimary sections to look at quickly: new s 11 (definition of party political purpose), new s 17(3)(aa) and amended s 17(3)(e) (what government campaigns must not do), new s 18(1A) and s 18(3) (pre-election restrictions and definition), and new s 19(1)(a)(iii) (reviewer reporting period)."}},"importantCases":[],"_links":{"self":"/api/acts/government-agencies-campaign-advertising-amendment-bill-2025","history":"/api/acts/government-agencies-campaign-advertising-amendment-bill-2025/history","analysis":"/api/acts/government-agencies-campaign-advertising-amendment-bill-2025/analysis","conflicts":"/api/acts/government-agencies-campaign-advertising-amendment-bill-2025/conflicts","importantCases":"/api/acts/government-agencies-campaign-advertising-amendment-bill-2025/important-cases","documents":"/api/acts/government-agencies-campaign-advertising-amendment-bill-2025/documents"}}