This Bill amends the Government Agencies (Campaign Advertising) Act 2009 by substituting the Act’s definition of what counts as a “party political” purpose, adding new restrictions on government campaigns that relate to proposed government programs, and imposing pre-approval requirements for government campaigns during certain Commonwealth pre-election periods. Mechanically, the Bill does the following.

• Replaces the existing text of section 11 with a new definitional test for “party political purpose”. Under the new provision, something has a party political purpose if it is designed to promote party-related policies or reputational interests rather than to inform the public, or if it depicts or names members, candidates or uses registered-party branding (s 11(1)(a)-(c)). Two exceptions are carved out for communications required by law or for documents prepared for presentation to the Legislative Assembly (s 11(2)). The new section also imports electoral definitions for candidate, election and prospective candidate (s 11(3)).

• Inserts an explicit guideline-making constraint on what government campaigns may contain: the Minister’s guidelines must state that information in a government campaign must not relate to a proposed government program, policy or matter (including proposed legislation) unless the campaign is to conduct public consultation on the proposal (new s 17(3)(aa)).

• Changes the language in the guidelines provision so that a government campaign must not “have a party political purpose” or include information directed at “promoting the government” (s 17(3)(e) as amended). The Bill also replaces the examples heading and example to make clear that mentioning the party in government or naming or including an image of the party leader is an example of a party political purpose or promoting the government.

• Adds a new restriction specific to Commonwealth pre-election periods. New section 18(1A) provides that a government agency must not conduct a government campaign in a Commonwealth pre-election period unless the campaign has advance approval from three groups: the Chief Minister, the Leader of the Opposition, and the leader (however described) of each registered party (other than the party of the Chief Minister or Leader of the Opposition) if that registered party has at least two members in the Legislative Assembly (new s 18(1A)(a)-(c)).

• Defines “Commonwealth pre-election period” for the purposes of the new rule as the period beginning when a writ is issued for certain Commonwealth elections affecting the ACT (Senate, House of Representatives general election, or Division-specific House contest for an ACT Division) and ending at the close of polling day for the relevant election (new s 18(3)).

• Extends the reviewer’s reporting remit by inserting into section 19(1)(a) an express requirement that the reviewer prepare a report covering the period beginning the day after the pre-election period and ending on 31 December in the year (new s 19(1)(a)(iii)).

• Updates the dictionary by removing the existing definition of “party political” and inserting new entries that cross‑refer to s 11 for “party political purpose” and to the Electoral Act 1992 dictionary for “registered party” (Dictionary insertions).

The Bill’s commencement is by written notice of the Minister, with the usual Legislation Act backstops if no day is fixed (s 2 and notes). The source text does not add new criminal offences or quantified penalties in the amendments presented; rather, it uses mandatory language (for example “must not”) and administrative controls (guidelines, approvals, reviewer reporting) to shape government agency behaviour.

The Bill centres on three interlocking concepts: the definition of a “party political purpose”, limits on use of proposed government program information in campaigns, and special procedural constraints during Commonwealth pre-election periods.

Party political purpose. The new statutory test in s 11 reframes “party political” around purpose and identifying features. A communication or campaign “has a party political purpose” if it satisfies any of the listed limbs: (a) it is designed to promote the policies, past performance, achievements or intentions of a program or the government with a view to enhancing a political party’s reputation rather than informing the public (s 11(1)(a)); (b) it depicts, names or otherwise identifies a member of the Legislative Assembly, or a candidate or prospective candidate for an election (s 11(1)(b)); or (c) it names or otherwise identifies a registered party or uses the party’s brand or something resembling the brand (s 11(1)(c)). The statutory test thereby combines a purposive limb (the “designed to promote…with a view to enhancing a political party’s reputation” formulation) with bright‑line identity tests (naming, depicting or using party branding).

The Bill also provides two express exceptions to the identity limbs: an item does not have a party political purpose solely because it names or depicts a member or uses a party brand if it is required to be done under a law applying in the ACT, or it is in a report or other document prepared for presentation to the Legislative Assembly (s 11(2)). The section further imports electoral definitions , candidate, election and prospective candidate , by reference so those terms carry their electoral meanings (s 11(3)).

Restriction on proposed government program content. The new guideline-making requirement in s 17(3)(aa) instructs the Minister to include in the guidelines a rule that information in a government campaign must not relate to a proposed government program, policy or matter (including proposed legislation) unless the campaign is to conduct public consultation on the proposal. This creates an express limitation on using campaign vehicles to promote or explain proposals that are not yet settled, unless the purpose is consultation.

Pre‑election approvals. The Bill narrows the periods when agencies may run campaigns in relation to Commonwealth electoral events. New s 18(1A) states that a government agency must not conduct a government campaign in a Commonwealth pre-election period unless that conduct has been approved by the Chief Minister, the Leader of the Opposition, and the leader (however described) of each registered party that has at least two members in the Legislative Assembly, other than the party of the Chief Minister or Leader of the Opposition (s 18(1A)(a)-(c)). New s 18(3) defines the Commonwealth pre-election period as starting when a writ is issued for the ACT’s Senate election, for a general House of Representatives election, or for an ACT Division’s House election, and ending at the end of polling day (new s 18(3)(a)-(b)).

The Bill directly affects a narrow but institutionally significant set of actors.

• Government agencies. The operative prohibitions apply to “a government agency” (see new s 18(1A)). Agencies that run or commission campaigns must review content and timing in light of the redefined “party political purpose” (s 11) and the prohibition on relating campaign material to proposed government programs except for public consultation (new s 17(3)(aa)). Agencies therefore bear the compliance burden of assessing purpose, obtaining approvals during Commonwealth pre‑election periods and ensuring adherence to Ministerial guidelines.

• The Minister. The Minister has two roles under the amendments. First, the Minister is the actor who makes the commencement notice (s 2). Second and substantively, the Minister must make guidelines that include the new rule barring campaign content that relates to proposed programs unless the campaign is for public consultation (new s 17(3)(aa)). The Minister therefore sets the administrative standards agencies must meet in operationalising the content restrictions.

• Chief Minister and Leader of the Opposition. During Commonwealth pre‑election periods, approval from the Chief Minister and the Leader of the Opposition is required for any government campaign (new s 18(1A)(a)-(b)). Those two officeholders therefore become gatekeepers for campaigns in those time windows.

• Registered party leaders with at least two Assembly members. The Bill requires approval from the leader (however described) of each registered party, other than the party of the Chief Minister or Leader of the Opposition, where the registered party has at least two members in the Legislative Assembly (new s 18(1A)(c)). The definition of “registered party” is imported from the Electoral Act 1992 via the Bill’s dictionary changes. Those party leaders therefore gain formal participation rights in pre‑election campaign approvals under the Bill.

• Members of the Legislative Assembly, candidates and prospective candidates. The definition of “party political purpose” expressly covers material that depicts, names or otherwise identifies a member of the Legislative Assembly, or a candidate or prospective candidate (s 11(1)(b)). The Bill also preserves two exceptions where such identification will not automatically render material party political: where it is required by law or where it is in a report or document prepared for the Legislative Assembly (s 11(2)). Members and candidates are therefore within the scope of the identity‑based limbs and will be central to agencies’ assessments of whether content is permissible.

The Bill creates a set of affirmative obligations and procedural constraints while leaving many existing enforcement mechanisms outside the text presented. The key duties and rights that flow from the amendments are the following.

Duties on government agencies

• Avoid party political purpose. A government campaign must not have a party political purpose under the new definition in s 11. Agencies must assess whether campaign content is designed to promote a political party’s reputation rather than to inform the public, or whether it depicts, names or uses identifiable party branding (s 11(1)(a)-(c)). This is a substantive content duty.

• Avoid naming or identifying political actors except in permitted circumstances. Identification of members, candidates or parties will be party political unless the identification is required by law or is part of a document prepared for the Legislative Assembly (s 11(2)). Agencies must therefore check whether statutory reporting or Assembly presentation obligations displace the prohibition.

• Do not run campaigns relating to proposed government programs unless for consultation. The Minister’s guidelines must include the rule that campaign information must not relate to proposed government programs, policies or matters (including proposed legislation) unless the campaign is to conduct public consultation on the proposal (new s 17(3)(aa)). While the obligation is expressed as a guideline requirement, agencies will be required to comply with those ministerial guidelines in practice.

• Obtain approvals for campaigns in Commonwealth pre‑election periods. Agencies must not conduct a government campaign in a Commonwealth pre‑election period unless the Chief Minister, the Leader of the Opposition, and the leader of each qualifying registered party have approved the campaign (new s 18(1A)(a)-(c)). This is a procedural pre‑condition to lawful campaigning in those windows.

Duties on the Minister

• Prepare guidelines that include the consultation exception for proposed programs. The Minister is required to ensure guidelines contain the rule in new s 17(3)(aa).

Rights and participatory roles

• Approval rights for high officeholders and party leaders. The Chief Minister, the Leader of the Opposition, and leaders of qualifying registered parties have the formal right to approve or withhold approval for government campaigns during Commonwealth pre‑election periods (new s 18(1A)). The statute does not describe the form or timeline of approval, but the text confers decision authority.

The Bill, as presented, creates mandatory prohibitions and procedural requirements but does not itself prescribe specific criminal penalties, pecuniary fines or an enforcement machinery within the inserted or substituted text. The enforcement picture that emerges from the Bill is therefore primarily administrative and oversight‑based. The following points summarise what the Bill does and does not provide, with citations.

What the Bill requires but does not sanction in the text provided

• Mandatory prohibitions. The Bill uses prohibitory language: a government agency “must not” conduct a government campaign in a Commonwealth pre‑election period unless pre‑approvals are obtained (new s 18(1A)). Similarly, within the guidelines regime, the Minister must require that campaigns must not relate to proposed government programs unless they are for public consultation (new s 17(3)(aa)). The prohibition in s 11 concerning party political purpose is expressed as a definitional threshold that informs the substance of the Act.

• No enumerated penalties in the amendment text. The Bill’s text does not set out penalties, fines, or criminal sanctions for breaches of the new duties. The amendments change definitions, guidelines and reporting periods and add approval gates, while enforcement mechanisms are not explicitly inserted in the fragments provided.

Administrative enforcement mechanisms in the Bill

• Ministerial guidelines. The Minister is required to make guidelines with the specified content (new s 17(3)(aa)). Compliance will be measured against those guidelines. The guidelines themselves may contain compliance mechanisms or administrative directions; however, the Bill does not set those out.

• Pre‑approval gatekeeping. Approval requirements under new s 18(1A) create an administrative control point. Practical enforcement of the “must not” likely takes the form of withholding approval and thereby preventing lawful campaign activity in the pre‑election window.

• Reviewer oversight. The reviewer’s reporting obligation is extended to capture the post‑pre‑election period through to 31 December (new s 19(1)(a)(iii)). The reviewer’s reports can identify non‑compliance and be used by oversight bodies, the Assembly or the public to hold agencies to account.

Where enforcement detail might be located

• The Bill amends the principal Act; other enforcement or sanction provisions may remain elsewhere in the Government Agencies (Campaign Advertising) Act 2009 or in general administrative law, but those provisions are not supplied in the Bill text presented. Readers should therefore not assume the absence of enforcement mechanisms in the principal Act; only that the amendment text itself does not add new sanctions.

The Bill cross‑references and interacts with electoral and legislative timing laws and with the existing framework of the Government Agencies (Campaign Advertising) Act 2009. The text explicitly brings in definitions and timing concepts from other Acts and requires coordination with political officeholders. The notable interactions in the source text are the following.

Electoral Acts and timing

• Commonwealth Electoral Act 1918. The Bill defines “Division” by reference to section 4(1) of the Commonwealth Electoral Act 1918 in the new definition of Commonwealth pre‑election period (new s 18(3) notes). The new s 18(3)(a) uses writ issuance for Senate or House elections or a Division election as the trigger for the Commonwealth pre‑election period. Consequently, the timing of the pre‑election period depends on federal writ issuance procedures under Commonwealth electoral law.

• Electoral Act 1992 (ACT). The Bill imports definitions from the ACT Electoral Act. Section 11(3) treats “candidate”, “election” and “prospective candidate” in accordance with the Electoral Act 1992 (s 109; dictionary and s 198 references). The dictionary insertions also bring in “registered party” from the Electoral Act 1992 dictionary. This aligns the Bill’s concepts of candidate status and registered party status with the existing electoral statute. For example, the party leaders who must be consulted under s 18(1A)(c) are leaders of registered parties as defined in the Electoral Act 1992.

Territorial governance and officeholder roles

• Executive and parliamentary roles. The pre‑approval regime assigns formal roles to the Chief Minister and the Leader of the Opposition and to leaders of qualifying registered parties (new s 18(1A)(a)-(c)). Those offices derive their existence and powers from the ACT governance framework; the Bill’s practical operation therefore interacts with the conventions and statutory architecture that define those roles (for example, how the Leader of the Opposition is determined), although the Bill itself does not restate those definitions.

Government Agencies (Campaign Advertising) Act 2009 (principal Act)

• The Bill substitutes and inserts text within the principal Act (for example replacing s 11 and amending s 17, s 18, s 19 and the Dictionary). The interaction is therefore internal: the amended definitions and procedural requirements will change how other provisions of the principal Act are applied. Because the principal Act’s full text is not reproduced in the Bill extract, practitioners must read the amendments alongside the principal Act to determine downstream effects, including whether the principal Act contains enforcement provisions, reporting timing, or other duties that now interact with the new definitions and approvals.

This Bill itself is an instrument of amendment to the Government Agencies (Campaign Advertising) Act 2009. The Bill sets out the specific substitutions, insertions and omissions made to named sections and the Dictionary. The mechanical amendment history within the Bill is as follows; each change is cited to the Bill’s clause numbering and the substituted or inserted provision.

• Name and commencement (clauses 1-2). The Bill names itself the Government Agencies (Campaign Advertising) Amendment Act 2025 (clause 1). Clause 2 sets commencement to a day fixed by the Minister by written notice, with the Legislation Act notes explaining the usual automatic commencement backstops.

• Legislative object (clause 3). The Bill states it amends the Government Agencies (Campaign Advertising) Act 2009 (clause 3).

• Section 11 substituted (clause 4). The Bill substitutes a new section 11, “What is a party political purpose?”, with the three‑limb test (s 11(1)(a)-(c)), two exceptions (s 11(2)) and electoral cross‑references (s 11(3)). Clause 4 expressly replaces the prior text of s 11.

• Minister must make guidelines, insertion of new s 17(3)(aa) (clause 5). Clause 5 inserts, after the existing examples, a new guideline requirement: information in a government campaign must not relate to a proposed government program, policy or matter (including proposed legislation) unless the campaign is to conduct public consultation on the proposal (new s 17(3)(aa)).

• Amendment to s 17(3)(e) (clause 6). Clause 6 omits the prior wording “information in a government campaign must not be directed at promoting the government or party political interests” and substitutes “a government campaign must not have a party political purpose or include information directed at promoting the government”, thereby rephrasing the prohibition and tying it to the new s 11 definition.

• Examples heading and example substitution (clauses 7-8). Clause 7 replaces the examples heading with “Examples,party political purposes or promoting the government” and clause 8 replaces example 1 with “mentioning the party in government or naming or including an image of the party leader”.

• Section 18 heading substituted (clause 9). Clause 9 substitutes the heading for s 18 to read “Government campaigns before Territory and Commonwealth elections restricted”.

• New s 18(1A) inserted (clause 10). Clause 10 inserts the new pre‑approval rule in relation to Commonwealth pre‑election periods (new s 18(1A)(a)-(c)).

The Bill text provides no litigation history and names no cases. The source contains no judicial decisions, court references or existing litigation tied to the Government Agencies (Campaign Advertising) Act 2009 or to the changes proposed by this Bill. Consequently, there are three textual facts to note.

• No reported judicial interpretation of the new provisions exists in the source. The new statutory constructs , notably the purposive limb in s 11(1)(a) and the pre‑approval regime in new s 18(1A) , are therefore untested in the courts on the face of the Bill. Any subsequent litigation would necessarily involve first‑instance questions of statutory interpretation and administrative law principles.

• Potential for future legal challenges. Because the Bill introduces decision points that implicate political officeholders and purposive assessments of communications, the statutory language could give rise to judicial review claims if individuals or agencies seek to challenge the exercise (or non‑exercise) of approval powers by the Chief Minister or other leaders, or to challenge an agency’s interpretation of what is “designed to promote…with a view to enhancing a political party’s reputation” (s 11(1)(a)). These potentialities are logical consequences of the kind of discretionary approvals and purposive tests introduced, but the Bill itself does not record or cite any existing litigation.

• Review mechanisms are administrative and internal. The Bill strengthens the reviewer’s reporting remit (new s 19(1)(a)(iii)), which could be relied on in oversight or political accountability processes. The source does not, however, provide a record of judicial use of reviewer reports or previous litigation based on the reviewer’s findings.

For practitioners advising clients or agencies, the immediate consequence is that no precedent exists within the Bill to settle interpretive ambiguities. Any disputes about scope, approval mechanics or the meaning of “party political purpose” would be matters of first impression requiring legal argument based on the text of the amended Act, ordinary statutory interpretation canons, and relevant administrative law doctrine that sits outside the Bill’s text.

The Bill introduces specific triggers and a purposive test that create several practical pitfalls that agencies, ministers and party leaders should anticipate. The following are concrete operational “gotchas” grounded in the amendment text.

1. Purposive test creates subjective assessment obligations (s 11(1)(a)). The statutory phrase “designed to promote…with a view to enhancing a political party’s reputation rather than informing the public” requires agencies to form a view about the purpose and effect of communication. Agencies cannot rely solely on surface content; they must document intent, target audience, placement and evaluative metrics that show an information objective rather than reputational promotion. Absent clear records of intent, an agency may struggle to justify a campaign as “informing the public” rather than promoting a party.

2. Naming a member, candidate or party may automatically create a party political purpose unless an exception applies (s 11(1)(b)-(c), s 11(2)). Two narrow exceptions are available: (a) where the naming is required by law applying in the ACT; and (b) where it is in a report or document prepared for presentation to the Legislative Assembly (s 11(2)). Agencies must therefore check if an identification is legally compelled or is legitimately an Assembly document before relying on those exceptions.

3. Proposed program content is largely prohibited unless it is consultation (new s 17(3)(aa)). Campaigns that communicate about proposed government programs, policies or matters (including proposed legislation) are disallowed unless the campaign is explicitly for public consultation. Agencies must therefore ensure that any campaign touching on proposals is structured as consultation, and that design elements (calls to submit views, consultation timelines) clearly reflect that purpose. Failure to frame the campaign as consultation could render the communication inconsistent with Ministerial guidelines.

4. Multiple approvals needed in Commonwealth pre‑election periods (new s 18(1A)). For campaigns occurring in Commonwealth pre‑election periods, agencies must obtain approval from the Chief Minister, the Leader of the Opposition, and the leader of each registered party with at least two Assembly members (other than the parties of the Chief Minister and Leader of the Opposition). This multi‑party approval regime may create timing and coordination bottlenecks, and agencies must identify eligible registered parties and their leaders under the Electoral Act 1992 (Dictionary insertion).

Agencies, Ministers and party leaders should adopt practical, documentable processes to operationalise the Bill’s requirements. The following steps are grounded in the statutory text and translate the Bill’s prescriptions into compliance actions.

1. Update internal policies and templates to reflect the new s 11 test. Agencies should revise campaign approval policies and creative briefs to require an explicit “party political purpose” assessment that addresses each limb of s 11(1). The assessment should record: whether the material is designed to promote policies or achievements with a view to enhancing a party’s reputation rather than informing the public (s 11(1)(a)); whether the material names, depicts or identifies members, candidates or prospective candidates (s 11(1)(b)); and whether it names or uses registered party branding or similar identifiers (s 11(1)(c)). For each campaign, maintain a one‑page statutory compliance memo that states the conclusion, the reasons and the supporting evidence.

2. Treat identification of persons and parties as presumptively party political unless an exception applies. Before including a member’s name, a candidate’s image, or party branding, check whether the inclusion is required by law applying in the ACT or whether the content is a document prepared for presentation to the Legislative Assembly (s 11(2)). Retain legal opinions or internal memos demonstrating the legal compulsion or legislative purpose that justifies the exception.

3. Make consultations explicit and document consultation design. Because the Minister’s guidelines must require that campaigns not relate to proposed government programs unless they are for public consultation (new s 17(3)(aa)), any campaign that touches on proposed policies must be structured and documented as consultation. This means embedding a clear invitation to public submissions, a defined consultation period, objectives, mechanisms for capturing input, and reporting back arrangements. Draft a short consultation plan and attach it to the campaign approval file to show that the campaign’s purpose is consultation rather than promotion.

4. Build pre‑election approval processes and timelines. For Commonwealth pre‑election periods defined by new s 18(3), agencies must obtain approval from the Chief Minister, the Leader of the Opposition and qualifying registered party leaders (new s 18(1A)(a)-(c)). Agencies should:

   • Monitor federal writ issuance so they know when the pre‑election period begins (new s 18(3)(a)-(b)).