Advertising Laws and Guidelines in Australia for Bounce Fitness

This text discusses the laws and guidelines that Bounce Fitness needs to follow while advertising in Australia. It covers the Anti-Discrimination Act 1977, Australian Consumer Law, Copyright Act 1968, Privacy Amendment Act of 2012, and the guidelines provided by the Australian Association of National Advertisers. It also includes a contingency plan, media contracts, and factors affecting the implementation of the campaign. The success of the campaign is evaluated based on factors such as traffic generation, customer interactions, and budget.

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Execute an Advertising Campaign

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Task 1
Answer a)
In Australia, corporations and individuals have to be aware of various Federal and State anti-
discrimination laws to avoid discrimination. The advertisements for accommodation,
employment, goods and services, and others should not be discriminative. The Anti-
Discrimination Act 1977 (NSW) provides various provisions for avoiding discrimination in the
advertisement based on sex, age, disability, race, colour, religion, and others. Section 51 of
the act prohibits advertisers from publishing, broadcasting or displaying any advertisement
which indicates to violate anti-discrimination laws (Legislation, 2018).
Answer b)
The Australian Consumer Law (ACL) provides guidelines for advertisers to ensure the
protection of customers. The Competition and Consumer Act 2010 (Cth) provides key
provision for advertisers. Section 29 prohibits parties from making any claims in
advertisements which are misleading or deceptive or likely to mislead or deceive. Moreover,
corporations using social media sites and online reviews have to ensure that they are
accurate, and they did not mislead customers. Section 32 prohibits corporations from
promoting any offer, gift or prize which they did not intend to provide. Thus, these laws are
applied to protect the rights of customers (Richards et al., 2012).
Answer c)
The Australian Copyright Act 1968 provides key provision for advertisement in Australia.
This act provides the original work from being copied by another. This law is based on the
“plus 70” law under which the work of an author is protected after 70 years of his/her death
(Austlii, 2018). While advertising, corporations cannot copy other’s work since it is
prohibited under this act. Advertisers have to ensure that their work is original, or they have
paid for using another person’ work while advertising the same.
Answer d)
The Australian Association of National Advertisers (AANA) is a self-regulatory body which
has provided various codes which advertisers have to comply with. AANA has provided a

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Code of Advertising and Marketing to Children, Wagering Advertising, Food and Beverages
Code, Environmental Claims Code and others. These codes guide advertisers to ensure that
they ethically do their job in order to avoid legal consequences (King et al., 2013). These
ethical guidelines ensure that advertisers are not discriminating, and they did not violate
moral duties towards the society.
Answer e)
The Competition and Consumer Act 2010 (Cth) provides that when customers buy a product,
then it comes with automatic guarantees based on which they have consumer rights if they
purchase something which is not right. The products which are under $40,000 are governed
under the guarantee. Moreover, produced over $40,000 which are bought for personal or
household use is also covered in the guarantee. While advertising the products, advertisers
have to consider these policies. Section 18 prohibits parties from making claims in
advertisements which are misleading or deceptive based on which they have the guarantee
to return the product and get back their money (ACCC, 2018). They can also claim
compensation if the products are not the same as advertised under section 29.
Answer f)
Australia’s Privacy Amendment Act of 2012 focuses on protecting the privacy of individuals
in advertising. Online behaviour advertising which is used by corporations in which personal
information of customers is used comes within the provisions of this act. As per the latest
amendments in this act, the advertisers have identified information regarding the personal
information which they hold, collect, use and disclose. Online behavioural adverting (OBA)
uses sensitive data of customers which are collected from cookie and activities of customers
(APH, 2018). The Privacy Act applies to this situation under which advertisers have to ensure
that they did not violate the privacy of customers.

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Task 2
Factors affecting implementation of the campaign
There are various factors which could affect the implementation of the advertisement
campaign of Bounce Fitness. Successful advertising campaign is based on effective planning,
design, and execution. Firstly, the issue is defining the objective of the campaign in order to
identify its purpose. Without knowing what the company wanted to achieve with the
advertisement campaign, it cannot become successful (Sharma, Bhosle and Chaudhary,
2012). Another problem is coming up with a message which is hard to ignore by customers.
In case of Bounce Fitness, there is a wide range of fitness organisations which provide a
similar experience to customers. Therefore, the success of the implementation of the
advertisement campaign is affected by the fact whether the company has come up with a
strong message for its audience. Social media strategy could adversely affect the
implementation of the advertisement campaign of Bounce Fitness. The company should
focus on effective social media interactions with customers to ensure the success of the
campaign.
Contingency Plan
Activities which will be
performed/ Weeks
1 2 3 4 5 6 7 8
Marketing research
Defining goals and
objectives
Segmentation,
targeting, and
positioning
Marketing Mix
Evaluation of the errors
and omission in STP

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Data analysis and
changes in the plan
Implementation of the
advertisement
campaign
In this contingency plan, it is shown that the company should conduct market research in
order to define the goals and objectives of the advertisement implementation plan.
Segmentation, targeting, and positioning will be evaluated after which the marketing mix
will be conducted. After preparation of the marketing mix, key errors and omissions of the
campaign will be discussed to deal with them. The data collected during this process will be
analysed, and appropriate changes will be made in the plan. After making changes in the
advertisement campaign, the errors and omissions of the campaign will be dealt with.
Media Contracts
In order to ensure that the media contracts are legal and ethical, the company should
comply with the legislative framework. Firstly, Bounce Fitness should comply with the
provisions of the Anti-Discrimination Act 1977 (NSW) to avoid discriminatory factors from
the advertisement. Furthermore, it should comply with the Australian Consumer Law to
ensure that the rights of customers are not violated under the media contract. Effective
compliance with the Australian Copyright Act 1968 is also necessary to avoid legal
consequences. The guideline issued by AANA should also be followed to ensure that the
advertisement campaign is ethical. For ensuring that the privacy and rights of customers are
protected, the corporation should comply with provisions of the Privacy Amendment Act of
2012 and the Competition and Consumer Act 2010 (Cth).

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Task 3
Fitness Australia is selected as the service provider for the advertisement campaign of
Bounce Fitness as it is a national organisation which is one of the best in the fitness industry.
The corporation has the capacity to reach over 25,000 AusREPs (REPs), and it generally
charged around $1500-$2000 for breakfast slots (Fitness, 2018a). For the quote for 20
advertisements in order to promote the services of Bounce Fitness during the breakfast
show time slots is $1000 for a 30-second commercial and the cost for 20 advertisement will
be $20,000. The conversation regarding this quoted price happened through the email in
which the detail regarding the advertisement was given to the advertisement agency. The
first quote price made by the advertisement agent was $1200 for one time slot in the
breakfast slot time. The negotiations for the quote happened through the email as well. It
was negotiated that the price should be $900 if the contract is formed for 20
advertisements. The advertisement agent did not agree for $900, however, they agreed to
lower the price to $1000 if half price is paid in advance for 20 advertisements. A better deal
was taken due to successful negotiation. The negotiation was successful because the
number of advertisement was high as per the timing because most companies avoid
advertising their products in this time slot due to high prices.
The advertisement agent has attached the terms and conditions of the contract in the email.
As per the terms, the advertisement should be exactly 30 second long, neither short nor
long. The terms also define various elements which should not be included in the
advertisement. The advertisement should not include any content which is considered as
hateful or against the safety of people (Fitness, 2018b). It should not display any content
against the government or the country. If the advertisement contains an offer, prize or gift
for the customers, then the company must have the intention to give such offer, prize or gift
to the customers or else the company can be held liable for violating section 32 of the
Competition and Consumer Act 2010. In the contingency plan, the negotiation of the
advertisement taken place in the first week. The purpose of collecting the data earlier than
expected was to ensure that while conducting the marketing mix, the budget of the
advertisement did not get affected and the company has a proper estimation of the costs
incurred in the advertisement process. Moreover, any changes which are made in the

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contingency plan due to errors or omission will also be taken effect in the seventh week to
ensure that the budget for the advertisement campaign did not go overboard due to the
changed made in the campaign because of errors and omissions. Thus, the factors which are
addressed in the contingency plan such as STP and marketing mix are evaluated before
selecting the quote for the advertisement to ensure that this budget did not go overboard.

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Task 4
The success of the advertisement campaign is based on a number of factors. Various
elements are evaluated below in order to determine whether the execution of the
advertisement campaign of Bounce Fitness was successful or not.
Traffic Generation and reaching a wider audience
The success of the advertisement campaign execution depends on the fact whether it had
generated enough traffic and reached a wider audience (Landa, 2016). In the case of Bounce
Fitness, television is selected for advertisement of the products. A premium slot is selected
by the company at breakfast time in which a large number of people were watching
television. Due to this premium time slot, the advertisement reached a wider audience
which generated more traffic on the social media sites of the company as well.
Who is visiting and whether they are coming back
The company is required to evaluate the people who are visiting to investigate regarding the
services of the corporation and whether they are coming back or not. In this case, the
people who were inquiring regarding the services include people who are looking for a
fitness organisation which is focused on customers’ interest. The customers who wanted to
change their existing fitness provider and wanted to start a new fitness campaign. These are
the key audience of Bounce Fitness who started inquiring regarding its services after the
advertisement campaign.
Budget
The services received in the advertising budget of the company determine its success.
Bounce Fitness has received effective services from Fitness Australia which were in its
budget. Due to effective negotiation, the company received a premium service which was
within its budget. Since a significant amount is not invested in the advertisement for the
services of the company, the campaign was successful without increasing the budget of the
company.

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Customer interactions
Without positive customer interactions, an advertisement campaign is not considered as
successful. It is important that the message which was delivered through the advertisement
campaign is received correctly by the targeted customers (Moriarty et al., 2014). Whether or
not the message has been delivered is evaluated by the number of customer interactions
with the company. In the case of Bounce Fitness, the response of customers was positive
because many customers contacted the company after seeing the advertisement. There
were intrigued by the advertisement campaign and wanted to know more about the
services of the company. Thus, a positive response is taken by the customers after showing
the advertisement.
Based on all these factors, it is concluded that the advertisement campaign of Bounce
Fitness was successful. The corporation targeted its customers through the advertisement
and the message of the company was sent clearly to them. The objectives of the
advertisement campaign were achieved through the campaign based on which it is
considered as successful.

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Task 5
Element 1 – Develop an Implementation Strategy Satisfactory Not Satisfactory
Is the Learner able to effectively analyse creative brief and media plan, and
determine factors affecting implementation of campaign?
Yes
Is the Learner able to effectively ensure strategy outlines implementation
tasks and timelines, and includes a contingency plan for dealing with omissions
and errors?
Yes
Element 2 – Negotiate Media Contracts Satisfactory Not Satisfactory
Is the Learner able to effectively confirm media plan and budget for implementation
with client?
Yes
Is the Learner able to effectively negotiate advertisement positions and price with
each media vehicle in accordance with client’s requirements?
Yes
Is the Learner able to effectively negotiate and agree on contingency factors and
solutions with media representative?
Yes
Is the Learner able to effectively establish media contracts that meet legal and
ethical requirements, and requirements of the advertising campaign brief and
schedule?
Yes
Element 3 – Monitor Advertising Campaign Satisfactory Not Satisfactory
Is the Learner able to effectively evaluate media performance against
conditions of the contract, and identify and analyse any variations?
Yes
Is the Learner able to effectively apply provisions of media guarantees and make
adjustments to media schedules if necessary?
Yes
Is the Learner able to effectively execute advertising campaign so it complies with
the advertising schedule and budget and meets legal and ethical requirements?
Yes
Performance Evidence Satisfactory Not Satisfactory
Is the Learner able to effectively develop an advertising campaign implementation
strategy?
Yes
Is the Learner able to effectively negotiate with media representatives to get price
and positions for an advertising campaign?
Yes
Is the Learner able to effectively evaluate media performance against
contractual obligations for an advertising campaign?
Yes

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Knowledge Evidence Satisfactory Not Satisfactory
Is the Learner able to effectively outline and explain principles of media pricing
policies, guarantees and campaign contingencies?
Yes
Is the Learner able to effectively describe media vehicles and media
options?
Yes
Is the Learner able to effectively outline organisational budget, product and/or
services?
Yes
Is the Learner able to effectively explain principles of advertising, creative briefs and
media plans?
Yes
Is the Learner able to effectively describe print, television, film and video production
processes?
Yes
Is the Learner able to effectively explain ethical requirements of the advertising
industry?
Yes
Is the Learner able to effectively identify and give an overview of key
provisions of relevant legislation, codes of practice and national standards
affecting advertising?
Yes
I being
[Name of Supervisor] [Job title and company]
verify that I consider the details ticked satisfactory / not satisfactory above to be,
in my opinion, a true, fair and honest reflection of the consistent performance of
the Learner named in relation to the performance criteria as noted in the table.
Signature of Supervisor: Date: Any other comments:
Thank you for supporting this Learner!

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References
ACCC. (2018) Legislation. [Online] Available at:
https://www.accc.gov.au/about-us/australian-competition-consumer-commission/
legislation [Accessed on 20th October 2018].
Anti-Discrimination Act 1977 (NSW)
APH. (2018) Privacy Amendment (Enhancing Privacy Protection) Bill 2012. [Online] Available
at:
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/
Result?bId=r4813 [Accessed on 20th October 2018].
Austlii. (2018) Australian Copyright Act 1968. [Online] Available at:
http://www5.austlii.edu.au/au/legis/cth/consol_act/ca1968133/ [Accessed on 20th October
2018].
Australian Copyright Act 1968
Competition and Consumer Act 2010 (Cth)
Fitness. (2018a) Advertise with us. [Online] Available at: https://fitness.org.au/articles/cec-
services/advertise-with-us/59/86/175 [Accessed on 20th October 2018].
Fitness. (2018b) Fitness Australia Terms & Conditions. [Online] Available at:
https://fitness.org.au/articles/cec-registration-menu/fitness-australia-terms-conditions/
69/76/197 [Accessed on 20th October 2018].
King, L., Hebden, L., Grunseit, A., Kelly, B. and Chapman, K. (2013) Building the case for
independent monitoring of food advertising on Australian television. Public Health
Nutrition, 16(12), pp.2249-2254.
Landa, R. (2016) Advertising by design: generating and designing creative ideas across
media. New Jersey: John Wiley & Sons.

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Legislation. (2018) Anti-Discrimination Act 1977 No 48. [PDF] Available at:
https://www.legislation.nsw.gov.au/inforce/f38c7dc7-ba45-ee6e-d61f-9c8e3cbd52cf/1977-
48.pdf [Accessed on 20th October 2018].
Moriarty, S., Mitchell, N.D., Wells, W.D., Crawford, R., Brennan, L. and Spence-Stone, R.
(2014) Advertising: Principles and practice. London: Pearson.
Privacy Amendment Act 2012
Richards, C., Lawrence, G., Loong, M. and Burch, D. (2012) A toothless chihuahua? The
Australian Competition and Consumer Commission, neoliberalism and supermarket power
in Australia. Rural Society, 21(3), pp.250-263.
Sharma, A., Bhosle, A. and Chaudhary, B. (2012) Consumer perception and attitude towards
the visual elements in social campaign advertisement. Journal of Business and
Management, 3(5), pp.06-17.

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Appendix
Exhibit A: Quote for the advertisement services
Price Time Slot
$2000-$2500 Night slot at dinner time
$600-$800 Afternoon slot around lunch time
$1500-$2000 Morning breakfast time slot