Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Government Agencies (Campaign
Advertising) Act 2009
A2009-55
Republication No 4
Effective: 16 December 2025
Republication date: 16 December 2025
Last amendment made by A2025-29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Government Agencies (Campaign Advertising) Act 2009 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 16 December 2025. It also includes any commencement, amendment, repeal or expiry
affecting this republished law to 16 December 2025.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Government Agencies (Campaign
Advertising) Act 2009
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
5 Object of Act 2
Part 2 Important concepts
6 General principles 3
7 What is a government agency? 3
8 Who is a responsible person? 4
9 What is a government campaign? 4
Section 1 - Government Agencies (Campaign Advertising) Act 2009 - Government Agencies (Campaign Advertising) Act 2009 | Zoe
Contents
Page
contents 2 Government Agencies (Campaign Advertising) Act 2009
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10 What are campaign costs? 5
11 What is party political? 5
Part 3 Campaign advertising reviewer
12 Appointment of reviewer 6
13 Reviewer’s functions 7
Part 4 Requirements for government campaigns
14 Reviewer to review certain government campaigns 8
15 Government campaigns must comply with Act 9
16 Statement of total campaign costs 9
17 Minister must make guidelines 9
18 Government campaigns before election restricted 12
Part 5 Reporting
19 Reviewer to prepare report 13
20 Reviewer to give report to Legislative Assembly 14
21 Reporting sensitive information 15
22 Reports to be given to Speaker 16
Part 6 Miscellaneous
23 Exemptions 17
24 Regulation-making power 17
Dictionary 18
Endnotes
1 About the endnotes 19
2 Abbreviation key 19
3 Legislation history 20
4 Amendment history 21
5 Earlier republications 22
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Government Agencies (Campaign
Advertising) Act 2009
An Act about campaign advertising by government agencies
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Government Agencies (Campaign Advertising)
Act 2009.
3 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘general election—see the Electoral
Act 1992, dictionary.’ means that the term ‘general election is defined in
that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears
(see Legislation Act, s 155 and s 156 (1)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Object of Act
The object of this Act is to prevent the use of public funds for
advertising or other communications for party political purposes.
Important concepts Part 2
Section 6
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Part 2 Important concepts
6 General principles
The following general principles apply to the use of public funds for
government campaigns:
(a) members of the public have the right to access comprehensive
information about government policies, programs and services
which affect their entitlements, rights and obligations;
(b) governments may use public funds for information programs
and education campaigns to explain government policies,
programs or services and to tell members of the public about
their entitlements, rights and obligations;
(c) information programs and education campaigns must not be
conducted for party political purposes.
7 What is a government agency?
In this Act:
government agency means:
(a) an administrative unit; or
(b) a territory instrumentality; or
(c) a statutory office-holder and the staff assisting the statutory
office-holder; or
(d) a territory-owned corporation.
Part 2 Important concepts
Section 8
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8 Who is a responsible person?
In this Act:
responsible person, for a government agency, means—
(a) for an administrative unit—the responsible Minister; and
(b) for a territory instrumentality—the chief executive officer; and
(c) for a statutory office-holder and the staff assisting the statutory
office-holder—the statutory office-holder; and
(d) for a territory-owned corporation—the chief executive of the
corporation.
9 What is a government campaign?
In this Act:
government campaign—
(a) means the dissemination by a government agency of information
to members of the public about a government program, policy
or matter which affects their entitlements, rights or obligations;
and
(b) includes an information program or education campaign to
explain the program, policy or matter; but
(c) does not include any of the following:
(i) dissemination of information about public health or safety
programs, including road safety programs;
(ii) advertisements for stated jobs;
(iii) tender advertising;
Important concepts Part 2
Section 10
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(iv) other routine advertising campaigns carried out by an
agency in relation to its operational activities.
Examples—par (c) (i)
1 road safety programs about the dangers of drink driving, speeding or not
wearing seatbelts
2 public health programs about the dangers of smoking or obesity
3 public health programs about losing weight and getting fit
Examples—par (c) (iv)
1 notices about traffic or transport
2 notice of garbage collection times
3 tourism campaigns
10 What are campaign costs?
In this Act:
campaign costs—
(a) means the cost of the development, production and conduct of
government campaigns; and
(b) includes the costs relating to using the media.
Examples—campaign costs
1 cost of using market research agencies, public relations consultants or
advertising agencies to develop information
2 production costs of press, radio, on-line or other electronic media, cinema or
television advertisements
3 production costs of audio-visual material
4 production costs of pamphlets and explanatory booklets
11 What is party political?
In this Act:
party political—something is party political if it is designed to
promote the policies, past performance, achievements or intentions of
a program or the government with a view to advancing or enhancing
a political party’s reputation rather than informing the public.
Part 3 Campaign advertising reviewer
Section 12
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Part 3 Campaign advertising reviewer
12 Appointment of reviewer
(1) The Minister must appoint a person to be the campaign advertising
reviewer (the reviewer).
Note For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
(2) The Minister must not appoint a person as reviewer unless satisfied
that the person has experience or expertise in 1 or more of the
following areas:
(a) media and advertising;
(b) legal;
(c) government administration.
(3) The reviewer must not be a public servant.
(4) The Minister must not appoint a person as reviewer unless the
Legislative Assembly has approved the appointment, by resolution
passed by a majority of at least 2/3 of the members.
(5) The reviewer must be appointed for not longer than 3 years.
Note A person may be reappointed to a position if the person is eligible to be
appointed to the position (see Legislation Act, s 208 and dict, pt 1,
def appoint).
(6) The conditions of appointment of the reviewer are the conditions
agreed between the Minister and the reviewer, subject to any
determination under the Remuneration Tribunal Act 1995.
(7) The Legislation Act, division 19.3.3 (Appointments—Assembly
consultation) does not apply to the appointment of a reviewer.
Campaign advertising reviewer Part 3
Section 13
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13 Reviewer’s functions
(1) The reviewer has the following functions:
(a) to review proposed government campaigns to ensure campaigns
comply with this Act;
(b) to report to the responsible person and the Legislative Assembly
the result of each review mentioned in paragraph (a).
(2) The reviewer has any other function given to the reviewer by this Act.
Note 1 A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including regulations (see Legislation
Act, s 104).
Note 2 A provision of a law that gives an entity a function also gives the entity
powers necessary and convenient to exercise the function (see Legislation
Act, s 196 and dict, pt 1, def entity).
Part 4 Requirements for government campaigns
Section 14
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Part 4 Requirements for government
campaigns
14 Reviewer to review certain government campaigns
(1) If the campaign costs of a government campaign proposed by a
government agency are likely to exceed $40 000, the responsible
person for the agency must ask the reviewer to review the proposed
campaign and report to the responsible person about whether it
complies with this Act.
Note A reference to an Act includes a reference to the statutory instruments
made or in force under the Act, including guidelines (see Legislation Act,
s 104).
(2) The responsible person for a government agency may ask the
reviewer to review, and report to the responsible person about, a
government campaign proposed by the agency even if the campaign
costs are not expected to exceed $40 000 if the responsible person
considers that the subject matter of the campaign is sensitive or
otherwise considers that a review is appropriate.
(3) If the reviewer is asked to review a proposed government campaign,
the reviewer must—
(a) review the campaign; and
(b) report to the responsible person on whether the campaign
complies with this Act.
Requirements for government campaigns Part 4
Section 15
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15 Government campaigns must comply with Act
The responsible person for a government agency may conduct a
government campaign only if—
(a) the responsible person certifies that the campaign complies with
this Act; and
(b) if the campaign costs for the campaign are likely to exceed
$40 000—the reviewer has reported to the responsible person in
relation to the compliance of the campaign with this Act.
16 Statement of total campaign costs
(1) The responsible person for a government agency that has undertaken
a government campaign must prepare a statement of the total
campaign costs for the campaign.
(2) The statement must set out any development and production costs of
the government campaign that can be separately identified.
17 Minister must make guidelines
(1) The Minister must make guidelines for this Act consistent with its
object and the general principles.
(2) Guidelines are a disallowable instrument.
(3) Without limiting subsection (1), the guidelines must include
provisions to the following effect:
(a) information in a government campaign must be relevant to
current government responsibilities;
Examples—information relevant to current government
1 information about existing or new government policies or policy
changes for which there is legislative authority, an appropriation or a
current government decision to implement
2 information about government programs or services or changes to
programs or services for which there is legislative authority, an
appropriation or a current government decision to implement
Part 4 Requirements for government campaigns
Section 17
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3 scientific, medical or health and safety information
4 information about government performance to facilitate accountability
to the public
(b) information in a government campaign must be presented in an
objective and fair way and not include—
(i) comment or opinion, unless the comment or opinion is
clearly identified as comment or opinion and is clearly
distinguishable from statements of fact; or
(ii) statements promoting the government’s performance;
Examples
1 objective facts and explanatory information are included
2 material presented as fact is based on and conforms with accurate,
verifiable facts
3 factual comparisons are presented in a way that is not misleading and
state the basis for comparison
4 existing policies, services or activities are not represented as new
(c) information in a government campaign must not include slogans
or other advertising techniques designed to have, or likely to
have, the effect of promoting a political party or position instead
of communicating a factual message;
Example—advertising techniques
jingles
(d) information in a government campaign must be presented in a
way that is accessible and takes into account any special
communication needs of particular people or groups;
Examples—groups that may have special communication needs
1 young people
2 Aboriginal and Torres Strait Islanders
3 people whose first language is not English
Requirements for government campaigns Part 4
Section 17
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(e) information in a government campaign must not be directed at
promoting the government or party political interests in any
way, including by way of—
(i) content; or
(ii) source; or
(iii) reason; or
(iv) purpose; or
(v) choice of media; or
(vi) timing, geographic or demographic targeting; or
(vii) designed effect;
Examples—promoting government or party political interests
1 mentioning the party in government or the party leader by name
2 deriding the views, policies or actions of others, including policies and
opinions of opposition parties or groups
3 including party-political slogans or images
4 designing to influence public support for a political party, a candidate
for election, a Minister or a member of the Assembly
5 mentioning or linking to a website of a politician or a political party
(f) information in a government campaign must be produced and
distributed in an efficient, effective and relevant way, with
regard to accountability;
Examples
1 justifiable by cost-benefit analysis in terms of community needs,
efficiency and effectiveness
2 clear audit trail regarding decision-making
3 current procurement policies and procedures for tendering, obtaining
services and employing consultants followed
Part 4 Requirements for government campaigns
Section 18
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(g) the presentation and delivery of information in a government
campaign must be clearly identified as part of a government
campaign;
Example
a statement at the end of a television or radio announcement
(h) a government campaign must be presented and delivered in a
way that recognises the diversity of the ACT community and the
full participation of women, and ethnic and Aboriginal and
Torres Strait Islander communities, by realistically representing
their interests, lifestyles and contributions to Australian society;
(i) the presentation and delivery of information in a government
campaign must comply with any relevant laws in force in the
ACT.
Example
privacy laws
18 Government campaigns before election restricted
(1) A government agency must not conduct a government campaign in
the pre-election period.
(2) This section does not apply to the electoral commissioner.
Note 1 A government campaign does not include advertisements for stated jobs,
tender advertising or other routine advertising carried out by an agency
in relation to its operational activities (see s 9, def government
campaign).
Note 2 Also, the Minister may exempt a campaign from this Act in an
emergency, urgent circumstances or other extraordinary circumstances
(see s 23).
Reporting Part 5
Section 19
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Part 5 Reporting
19 Reviewer to prepare report
(1) The reviewer must prepare a report for the Legislative Assembly
about government campaigns for the following periods (the report
periods):
(a) for a year in which a general election is held—
(i) the 6-month period ending on 30 June in the year; and
(ii) the period beginning on 1 July in the year and ending at the
start of the pre-election period; and
(b) for any other year—the 6-month periods ending on 30 June and
31 December in the year.
(2) The reviewer must report on the following:
(a) each proposed government campaign (a proposed campaign)
referred to the reviewer in the report period;
(b) for each proposed campaign—
(i) the campaign costs itemised by the kind of costs incurred
and the ways used to disseminate information for the
campaign; and
(ii) the result of the reviewer’s review and the reasons for the
reviewer’s decision.
(3) The reviewer must give the report to the Legislative Assembly not
later than—
(a) for a report mentioned in subsection (1) (a) (ii)—2 weeks before
the election; and
(b) for any other report—3 months after the end of the report period.
Part 5 Reporting
Section 20
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20 Reviewer to give report to Legislative Assembly
(1) If the Legislative Assembly is sitting when the reviewer has finished
the report—
(a) the reviewer must give the report to the Speaker; and
(b) the Speaker must present the report to the Legislative Assembly
on the next sitting day.
(2) If the Legislative Assembly is not sitting when the reviewer has
finished the report—
(a) the reviewer must give the report, and a copy for each member
of the Legislative Assembly, to the Speaker; and
(b) the report is taken for all purposes to have been presented to the
Legislative Assembly on the day the reviewer gives it to the
Speaker (the report day); and
(c) publication of the report is taken to have been ordered by the
Legislative Assembly on the report day; and
(d) the Speaker must arrange for a copy of the report to be given to
each member of the Legislative Assembly on the report day; and
(e) the Speaker may give directions for the printing and circulation,
and in relation to the publication, of the report; and
(f) despite paragraph (b), the Speaker must present the report to the
Legislative Assembly on the next sitting day.
(3) The reviewer may give a copy of the report to a Minister who, in the
reviewer’s opinion, has a special interest in the report.
(4) In this section:
Speaker, for a report given to the Deputy Speaker or clerk under
section 22 (Reports to be given to Speaker), means the Deputy
Speaker or clerk.
Reporting Part 5
Section 21
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21 Reporting sensitive information
(1) A report under this part must not include information for the
Legislative Assembly if the reviewer considers that disclosing the
information would be contrary to the public interest because it
could—
(a) be an unreasonable disclosure of personal information about a
person; or
(b) disclose a trade secret; or
(c) disclose information (other than a trade secret) having a
commercial value that would be, or could reasonably be
expected to be, destroyed or diminished if the information were
disclosed; or
(d) be an unreasonable disclosure of information about the business,
commercial or financial interests or affairs of an entity; or
Note Entity includes a person (see Legislation Act, dict, pt 1).
(e) prejudice the investigation of a contravention of a law; or
(f) prejudice the fair trial of a person; or
(g) prejudice relations between the ACT government and another
government.
(2) However, the report may include information mentioned in
subsection (1) if the reviewer is satisfied that the substance of the
information is public knowledge.
(3) If, under subsection (1), the reviewer omits information from a report
for the Legislative Assembly, the reviewer may prepare a special
report for the relevant Assembly committee that includes the
information.
(4) The reviewer must give the special report to the presiding member of
the relevant Assembly committee.
Part 5 Reporting
Section 22
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(5) The presiding member must present the special report to the relevant
Assembly committee.
(6) A special report presented to the relevant Assembly committee is
taken for all purposes to have been referred to the committee by the
Legislative Assembly for inquiry and any report that the committee
considers appropriate.
(7) In this section:
relevant Assembly committee means a standing committee of the
Legislative Assembly nominated, in writing, by the Speaker for this
section.
22 Reports to be given to Speaker
(1) A report required by this part to be given to the Speaker must—
(a) if the Speaker is unavailable—be given to the Deputy Speaker;
or
(b) if both the Speaker and Deputy Speaker are unavailable—
be given to the clerk of the Legislative Assembly.
(2) For subsection (1), the Speaker or Deputy Speaker is unavailable if—
(a) he or she is absent from duty; or
(b) there is a vacancy in the office.
Miscellaneous Part 6
Section 23
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Part 6 Miscellaneous
23 Exemptions
(1) The Minister may exempt a campaign from this Act.
(2) However, the Minister may exempt a campaign only if satisfied it is
appropriate because of—
(a) an emergency; or
(b) extreme urgency; or
(c) other extraordinary circumstances.
(3) The Minister must tell the Legislative Assembly, in writing, about an
exemption and the reasons for the exemption as soon as practicable
after the exemption is given.
(4) An exemption is a disallowable instrument.
24 Regulation-making power
The Executive may make regulations for this Act.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• disallowable instrument (see s 9)
• electoral commissioner
• Executive
• Minister (see s 162)
• notifiable instrument (see s 10)
• public servant
• statutory office-holder
• territory instrumentality.
campaign costs—see section 10.
directorate—see the Financial Management Act 1996, dictionary.
general election—see the Electoral Act 1992, dictionary.
government agency—see section 7.
government campaign—see section 9.
party political—see section 11.
pre-election period—see the Electoral Act 1992, dictionary.
responsible person—see section 8.
reviewer—see section 12.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
Government Agencies (Campaign Advertising) Act 2009 A2009-55
notified LR 21 December 2009
s 1, s 2 commenced 21 December 2009 (LA s 75 (1))
remainder commenced 1 July 2010 (s 2)
as amended by
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.72
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.72 commenced 1 July 2011 (s 2 (1))
Legislation (Legislative Assembly Committees) Amendment Act 2022
A2022-4 sch 1 pt 1.9
notified LR 30 March 2022
s 1, s 2 commenced 30 March 2022 (LA s 75 (1))
sch 1 pt 1.9 commenced 6 April 2022 (s 2)
Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.87
notified LR 6 November 2025
s 1, s 2 commenced 6 November 2025 (LA s 75 (1))
sch 4 pt 4.87 commenced 16 December 2025 (s 2 (6))
Endnotes
Amendment history 4
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4 Amendment history
Commencement
s 2 om LA s 89 (4)
Minister must make guidelines
s 17 am A2025-29 amdt 4.87
Reporting sensitive information
s 21 am A2011-22 amdt 1.221; A2022-4 amdt 1.30, amdt 1.31
Exemptions
s 23 am A2025-29 amdt 4.87
Regulation-making power
s 24 am A2025-29 amdt 4.87
Dictionary
dict def directorate ins A2011-22 amdt 1.222