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This is a Bill, not an Act. For current law, see the Acts databases.
1998-1999-2000
The Parliament
of the
Commonwealth of
Australia
THE
SENATE
Presented and read a first
time
Charter of
Political Honesty Bill 2000
No. ,
2000
(Senator
Murray)
A Bill for an Act to provide a
Charter of Political Honesty, and for related purposes
Contents
A Bill for an Act to provide a Charter of Political
Honesty, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Charter of Political Honesty Act
2000.
This Act commences on the day on which it receives the Royal
Assent.
The objects of this Act are:
(a) to prevent the misuse of government advertising campaigns for party
political purposes; and
(b) to establish the Office of Commissioner for Ministerial and
Parliamentary Ethics; and
(c) to establish an enforceable code of conduct for ministers and other
members of Parliament; and
(d) to ensure that public appointments are made on the basis of
merit.
The following is a simplified outline of this Part:
• This Part establishes the Government Publicity Committee.
• The function of the Committee is to monitor adherence by public
authorities to the Guidelines for Government Advertising Campaigns contained in
Schedule 1.
• The Committee may issue orders to enforce compliance with the
guidelines.
The Government Publicity Committee is established.
(1) The committee consists of the following three members:
(a) the Auditor-General;
(b) the Ombudsman;
(c) a person with knowledge and experience in advertising appointed by
written instrument by the Auditor-General.
(2) A member appointed under paragraph (1)(c) is to be appointed on a
part-time basis for the period, and on such other terms and conditions,
specified in the instrument of appointment.
(3) A member appointed under paragraph (1)(c) is to be paid the
remuneration and allowances determined by the Remuneration Tribunal. If no
determination by the Tribunal for that purpose is in operation, the member is to
be paid the remuneration and allowances that are prescribed.
(4) Subsection (3) has effect subject to the Remuneration Tribunal Act
1973.
(5) A member appointed under paragraph (1)(c) must not engage in any paid
employment that, in the opinion of the Auditor-General, conflicts or may
conflict with the proper performance of the member’s duties.
(6) If a member contravenes subsection (5), his or her appointment as a
member ceases to have effect.
(7) The Auditor-General and the Ombudsman may be represented on the
committee by a delegate.
The function of the committee is to monitor and enforce compliance by
public authorities with the Guidelines for Government Advertising
Campaigns.
(1) The Guidelines for Government Advertising Campaigns are set out in
Schedule 1.
(2) The Commonwealth, a Commonwealth agency or a person employed by a
Commonwealth agency must not take any action that is contrary to the
Guidelines.
(1) If the committee is of the view that a government advertising campaign
does not comply with the Guidelines, the committee may direct a Commonwealth
agency or a person employed by a Commonwealth agency to take one or more of the
following actions:
(a) to withdraw a campaign from publication or broadcasting;
(b) to modify a campaign so that it will comply with the
guidelines;
(c) to refrain from further expenditure on a campaign or to limit
expenditure on a campaign so that it will comply with the guidelines.
(2) The committee may determine whether the objective of a campaign is a
legitimate objective and whether a campaign is likely to achieve its stated
objective.
(3) If the committee is of the view that:
(a) the objective of a campaign is not a legitimate objective;
or
(b) a campaign is unlikely to achieve its stated objective;
the committee may direct a Commonwealth agency or a person employed by a
Commonwealth agency to withdraw the campaign from publication or
broadcasting.
(4) Subsections (2) and (3) do not limit subsection (1).
(5) A direction under subsection (1) or (3) must be in writing.
(6) A Commonwealth agency or a person employed by a Commonwealth agency
must comply with a direction under subsection (1) or (3).
(1) The committee may institute proceedings in the Federal Court against
an agency or person for contravening subsection 9(6).
(2) In proceedings under this section against an agency or person for
contravening subsection 9(6), the Court may:
(a) grant an injunction against the agency or person in relation to the
conduct that constitutes, or is alleged to constitute, the contravention;
or
(b) make an order in relation to the contravention.
(3) Where, on the application of the committee, the Court is satisfied
that an agency or person has engaged, or is proposing to engage, in conduct that
constitutes or would constitute:
(a) a contravention of subsection 9(6); or
(b) attempting to contravene subsection 9(6); or
(c) aiding, abetting, counselling or procuring an agency or person to
contravene subsection 9(6); or
(d) inducing, or attempting to induce, whether by threats, promises or
otherwise, an agency or person to contravene subsection 9(6); or
(e) being in any way, directly or indirectly, knowingly concerned in, or
party to, the contravention by an agency or person of subsection 9(6);
or
(f) conspiring with others to contravene subsection 9(6);
the Court may grant an injunction in such terms as the Court determines to
be appropriate.
(4) Where in the opinion of the Court it is desirable to do so, the Court
may grant an interim injunction pending determination of an application under
subsection (3).
(5) The Court may rescind or vary an injunction granted under subsection
(3).
(6) The power of the Court to grant an injunction restraining an agency or
person from engaging in conduct must be exercised:
(a) whether or not it appears to the Court that the agency or person
intends to engage again, or to continue to engage, in conduct of that kind;
and
(b) whether or not the agency or person has previously engaged in conduct
of that kind; and
(c) whether or not there is an imminent danger of substantial damage to
any person if the agency or first-mentioned person engages in conduct of that
kind.
(7) The power of the Court to grant an injunction requiring an agency or
person to do an act or thing may be exercised:
(a) whether or not it appears to the Court that the agency or person
intends to refuse or fail again, or to continue to refuse or fail, to do that
act or thing;
(b) whether or not the agency or person has previously refused or failed
to do that act or thing;
(c) whether or not there is an imminent danger of substantial damage to
any person if the agency or first-mentioned person refuses or fails to do that
act or thing.
In this Part:
committee means the Government Publicity Committee
established by section 5.
Commonwealth agency means:
(a) a Minister; or
(b) a department of State; or
(c) an authority established by a law of the Commonwealth; or
(d) a body corporate established for a public purpose by a law of the
Commonwealth; or
(e) a body corporate established by a Minister otherwise than under a law
of the Commonwealth; or
(f) a company in which the whole of the shares or stock, or shares or
stock carrying more than one-half of the voting power, is or are owned by or on
behalf of the Commonwealth; or
(g) a body corporate that is a subsidiary of:
(i) a body or company referred to in paragraph (b), (c) or (d);
or
(ii) a body corporate that, because of a previous application or previous
applications of this paragraph, is taken to be a Commonwealth agency for the
purposes of this definition; or
(h) a person holding, or performing the duties of:
(i) an office established by or under a law of the Commonwealth (except a
judicial office or office of member of a tribunal); or
(ii) an appointment made under a law of the Commonwealth (except a
judicial office or office of member of a tribunal); or
(i) a person holding, or performing the duties of, an appointment made by
the Governor-General, or by a Minister, otherwise than under a law of the
Commonwealth;
but does not include:
(j) a person holding an office established by or under any of the
following Acts, or holding an appointment made under any of them:
(i) the Northern Territory (Self-Government) Act 1978;
(ii) the Norfolk Island Act 1979;
(iii) the Australian Capital Territory (Self-Government) Act 1988;
or
(k) any of the following:
(i) an Aboriginal Land Trust, or an Aboriginal Land Council, established
under the Aboriginal Land Rights (Northern Territory) Act 1976;
(ii) an Aboriginal corporation within the meaning of the Aboriginal
Councils and Associations Act 1976;
(iii) the Wreck Bay Aboriginal Community Council established by the
Aboriginal Land Grant (Jervis Bay Territory) Act 1986; or
(l) a company prescribed by the regulations for the purposes of this
paragraph.
Guidelines means the Guidelines for Government Advertising
Campaigns set out in Schedule 1.
(1) As soon as practicable after the commencement of this Part and after
the commencement of the first session of each Parliament, a joint committee of
members of the Parliament, to be known as the Parliamentary Joint Committee on a
Code of Conduct for Ministers and Other Members of Parliament (the
committee), is to be appointed.
(2) The committee shall consist of 6 members, of whom:
(a) 3 shall be senators appointed by the Senate; and
(b) 3 shall be members of the House of Representatives appointed by that
House.
(3) Subject to subsections (4) and (5), the appointment of members by a
House shall be in accordance with that House’s practice relating to the
appointment of members of that House to serve on joint select committees of both
Houses.
(4) The 3 senators appointed by the Senate shall consist of:
(a) one senator nominated by the Leader of the Government in the Senate;
and
(b) one senator nominated by the Leader of the Opposition in the Senate;
and
(c) one senator nominated by minority groups and independent
senators.
(5) The 3 members of the House of Representatives appointed by that House
shall consist of:
(a) 2 members nominated by the Prime Minister; and
(b) 1 member nominated by the Leader of the Opposition.
(6) A person is not eligible for appointment as a member if he or she
is:
(a) a Minister; or
(b) the President of the Senate; or
(c) the Speaker of the House of Representatives; or
(d) the Deputy President and Chairman of Committees of the Senate;
or
(e) a Deputy Speaker of the House of Representatives.
(7) A member ceases to hold office:
(a) when the House of Representatives expires or is dissolved;
or
(b) if he or she becomes the holder of an office referred to in a
paragraph of subsection (6); or
(c) if he or she ceases to be a member of the House by which he or she was
appointed; or
(d) if he or she resigns his or her office as provided by subsection (8)
or (9), as the case requires.
(8) A member appointed by the Senate may resign his or her office by
writing signed and delivered to the President of the Senate.
(9) A member appointed by the House of Representatives may resign his or
her office by writing signed and delivered to the Speaker of that
House.
(10) A House may appoint one of its members to fill a vacancy among the
members of the committee appointed by that House.
Subject to this Act, all matters relating to the committee’s powers
and proceedings shall be determined by resolution of both Houses.
The functions of the committee are:
(a) to develop a code of conduct for:
(i) ministers; and
(ii) other members of Parliament;
for adoption by resolution of both Houses of the Parliament;
and
(b) to inquire into any question in connection with its functions that is
referred to it by a House and to report to that House on that
question.
(1) The Office of Commissioner for Ministerial and Parliamentary Ethics is
established by this section.
(2) As soon as practicable after a code of conduct developed by the
Parliamentary Joint Committee on a Code of Conduct for Ministers and Other
Members of Parliament has been adopted by both Houses of the Parliament, and
whenever a vacancy in the office occurs thereafter, the Presiding Officers must
appoint a Commissioner for Ministerial and Parliamentary Ethics (the
Commissioner).
(3) Before appointing the Commissioner, the Presiding Officers must
consult with the Leader of each recognised political party that is represented
in either House of the Parliament and with any independent or minority group
senators or members of the House of Representatives.
(4) In making an appointment under this section, the Presiding Officers
must:
(a) base their decision on merit; and
(b) declare any personal interest; and
(c) comply with any relevant laws relating to discrimination;
and
(d) publish reasons for their selection of a particular
candidate.
(5) In this Act, Presiding Officer means the President of
the Senate or the Speaker of the House of Representatives.
The Commissioner has the following functions:
(a) at least once every 2 years, to review the codes of conduct for
ministers and other members of Parliament; and
(b) to implement an education program for ministers and members of
Parliament on ethical standards; and
(c) to give advice on ethical standards if requested to do so by either
House of the Parliament; and
(d) to recommend guidelines to both Houses of Parliament on the
interpretation of the codes of conduct for ministers and members of Parliament;
and
(e) to investigate complaints of breaches of the codes of conduct for
ministers and members of Parliament and to report to the relevant House of the
Parliament; and
(f) such other functions in relation to parliamentary ethics and standards
as are determined by resolution of either or both Houses of the
Parliament.
The Commissioner has power to do all things that are necessary or
convenient to be done for or in connection with the performance of his or her
functions under this Act.
(1) After the end of each financial year, the Commissioner must give a
report to the Presiding Officers, for presentation to the Parliament, on the
activities of the Commissioner during the year.
(2) The report must be prepared in accordance with guidelines approved on
behalf of the Parliament by the Joint Committee of Public Accounts and
Audit.
A person holds office as the Commissioner for Ministerial and
Parliamentary Ethics on a full-time basis for a period not exceeding 5 years
unless a person’s appointment is sooner terminated.
(1) The Commissioner is to be paid the remuneration and allowances
determined by the Remuneration Tribunal. If no determination by the Tribunal for
that purpose is in operation, the Commissioner is to be paid the remuneration
and allowances that are determined in writing by the Presiding
Officers.
(2) Subsection (1) has effect subject to the Remuneration Tribunal Act
1973.
A person holds office as Commissioner on such terms and conditions (if
any) in relation to matters not covered by this Act that are determined in
writing by the Presiding Officers.
(1) The Commissioner has the recreation leave entitlements that are
determined by the Remuneration Tribunal.
(2) The Presiding Officers may grant the Commissioner leave of absence,
other than recreation leave, on the terms and conditions as to remuneration or
otherwise that the Presiding Officers determine.
The Commissioner must not engage in paid employment outside the duties of
the Commissioner’s office without the approval of the Presiding
Officers.
The Commissioner may resign his or her appointment by giving the
Presiding Officers a written resignation.
(1) The Presiding Officers may remove the Commissioner from office if each
House of the Parliament, in the same session of the Parliament, presents an
address to the Presiding Officers praying for the removal of the Commissioner on
the ground of misbehaviour or physical or mental incapacity.
(2) The Presiding Officers must remove the Commissioner from office if the
Commissioner:
(a) becomes an insolvent under administration; or
(b) engages, except with the approval of the Presiding Officers, in paid
employment outside the duties of his or her office.
(1) The Presiding Officers may appoint a person to act as the
Commissioner:
(a) during a vacancy in the office of Commissioner, whether or not an
appointment has previously been made to the office; or
(b) during any period, or during all periods, when the Commissioner is
absent from duty or from Australia, or is, for any reason, unable to perform the
duties of the office.
(2) Anything done by or in relation to a person purporting to act under an
appointment is not invalid merely because:
(a) the occasion for the appointment had not arisen; or
(b) there was a defect or irregularity in connection with the appointment;
or
(c) the appointment had ceased to have effect; or
(d) the occasion to act had not arisen or had ceased.
(1) In addition to the functions given to the Commissioner under Division
2, the Commissioner must determine a code of practice for the making of
appointments by ministers.
(2) A code of practice determined under subsection (1) is a disallowable
instrument for the purposes of section 46A of the Acts Interpretation Act
1901.
(3) In making appointments, a minister must comply with the code of
practice determined under subsection (1).
(4) The code of practice determined under subsection (1) must provide for
ministers to make appointments on the basis of merit.
The Commissioner has the following additional functions under this
Division:
(a) to establish guidelines for the making of appointments by ministers to
complement the code of practice; and
(b) to implement an education program for ministers in relation to the
code of practice; and
(c) to give advice on the making of particular appointments at the request
of individual ministers; and
(d) to investigate complaints in relation to breaches of the code of
practice or the guidelines and to report to each House of the Parliament on the
results of the investigation.
(1) As soon as practicable after the fifth anniversary of the commencement
of this Act, the Minister must cause a review to be carried out of the operation
of this Act.
(2) A person who carries out a review must give the Minister a written
report.
(3) The Minister must cause copies of the report of the review to be laid
before each House of the Parliament within 15 sitting days after receiving
it.
The Governor-General may make regulations, not inconsistent with this
Act, prescribing matters:
(a) required or permitted to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(1) The Presiding Officers may make determinations, not inconsistent with
this Act, prescribing matters:
(a) required or permitted to be prescribed by determination; or
(b) necessary or convenient to be prescribed by determination for carrying
out or giving effect to this Act.
(2) Each determination must be:
(a) published in the Gazette within 14 days; and
(b) laid before each House of the Parliament as soon as
practicable;
after the determination is made.
The following guidelines apply to Government Advertising
Campaigns.
(1) Campaigns should provide objective, factual and explanatory
information.
(2) Campaigns should present information in an unbiased and equitable
manner.
(3) Information presented in campaigns should be based on accurate,
verifiable facts and be expressed in conformity with those facts.
(4) Campaigns should not contain clauses or statements which cannot be
substantiated.
(5) Campaigns should present information in a way that makes facts clearly
and easily distinguishable from comment, opinion and analysis.
(6) If Campaigns contain information of a comparative nature, the
information must state the basis of the comparison and must not be
misleading.
(7) Campaigns should not intentionally promote party-political interests
or give rise to a reasonable perception that they promote party-political
interests.
(8) Campaigns should present information in objective and unbiased
language and be free from partisan promotion of government policies or political
arguments.
(9) Campaigns should not contain any material which directly attacks or
seems to scorn the views, policies or actions of others, including the policies
and opinions of other political parties.
(10) Campaigns should not contain party political slogans or
images.
(11) Campaigns should include a statement of the Campaign’s
objective.
(12) No expenditure of public money should be undertaken on mass media
advertising, telephone canvassing or information services, on-line services,
direct mail or other distribution of unsolicited material until the Government
has obtained assent to legislation giving it authority to implement the policy,
program or service described in the public information or education
campaign.
(13) The only exception to the requirement in clause (12) is where major
issues of public health, public safety or public order may arise at short
notice.