Government Advertising Bill 2024 (SA)

South Australia Government Advertising Bill 2024 A Bill For An Act to regulate government advertising, and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Interpretation Part 2—Government communications guidelines 4 Government communications guidelines Part 3—Regulation of government advertising content 5 Ministers and MPs not to be in government advertising 6 Government advertising not to relate to Bill for an Act before Parliament 7 Auditor‑General to conduct audits of government advertising 8 Auditor‑General to report on government advertising breach Part 4—Approval required for certain government advertising expenditure 9 Approval required for certain government advertising expenditure Part 5—Miscellaneous 10 Delegation 11 Regulations

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Government Advertising Act 2024. 2—Commencement This Act comes into operation 3 months after it is assented to by the Governor. 3—Interpretation (1) In this Act— cost, in relation to government advertising, includes costs incurred in connection with— (a) production and distribution; and (b) research for the purposes of the advertising; and (c) evaluation of the likely or actual effectiveness of the advertising; government advertising means— (a) advertising purchased by a government agency under a contract or arrangement for commercial media distribution (including social media distribution); or (b) advertising of a kind prescribed by the regulations for the purposes of this paragraph paid for (either in part or in full) by a government agency, but does not include advertising of a kind excluded by the regulations from the ambit of this definition; government agency means— (a) a Minister; or (b) an administrative unit of the Public Service; or (c) an agency or instrumentality of the Crown; or (d) a person or body declared under subsection (2) to be a government agency, but does not include a person or body declared under subsection (2) not to be a government agency; principal officer, in relation to a government agency, means— (a) if the agency consists of a single person (including a corporation sole but not any other body corporate)—that person; (b) if the agency consists of an unincorporated board or committee—the presiding officer; (c) in any other case—the chief executive officer of the agency or a person determined by the Auditor-General to be the principal officer of the agency; relevant election period means the period commencing on 1 July in the year immediately before a general election of members of the House of Assembly is held in accordance with section 28(1) of the Constitution Act 1934 and ending on the day of that general election (and includes, if this section comes into operation during a relevant election period, the remainder of that relevant election period). (2) The Minister may, by notice in the Gazette— (a) declare that a specified person or body is or is not a government agency for the purposes of this Act; or (b) vary or revoke a notice under this subsection. (3) The regulations may provide that this Act, or a specified provision of this Act, does not apply to government advertising of a prescribed kind or of a prescribed class.