Following the commencement of the Government Advertising Act 2011 (the Act), the Government Advertising Regulation 2012 (the Regulation) and the Government Advertising Guidelines (the Guidelines) on 5 October 2012, new arrangements apply concerning the scope of Government advertising campaigns and for the approval of campaigns.

The Act prohibits party-political material in Government advertising campaigns and Government advertising campaigns designed to benefit a political party. Governing political parties are liable to pay back the costs of advertising campaigns that breach the prohibitions under the Act.

The Act requires that, for each Government advertising campaign, the head of the relevant government agency is to independently certify the campaign complies with the Act, the Regulations and the Guidelines.

Any Government advertising campaign with a total budget of more than $50,000 requires peer review. Any campaign with a total budget of more than $1 million requires a cost benefit analysis.

A campaign may also be subject to approval by the Cabinet Standing Committee on Communication and Government Advertising. The Department of Premier and Cabinet will advise Government agencies when submission of a campaign to the Committee is required. All campaigns with a budget of more than $1 million require approval of the Committee.

Policies concerning Government advertising (including the Guidelines) are set out in the new Government Advertising Handbook, which is available at www.advertising.nsw.gov.au.

The Act has broad application to the NSW public sector, but does not include entities incorporated under the State Owned Corporations Act 1989.

Barry O'Farrell MP
Premier