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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
VEHICLE AND TRAFFIC AMENDMENT
(OFFENSIVE ADVERTISING) BILL 2017
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - VEHICLE AND TRAFFIC ACT 1999 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 33 inserted
33. Offensive advertising on vehicles
6. Section 39 amended (Vehicle registration scheme)
PART 3 - VEHICLE AND TRAFFIC (DRIVER LICENSING AND
VEHICLE REGISTRATION) REGULATIONS 2010
AMENDED
7. Principal Regulations
8. Regulation 52 amended (Eligibility for registration of motor
vehicles or trailers)
9. Regulation 57 amended (Registration of motor vehicles and
trailers)
10. Regulation 72 amended (Suspension or cancellation of
registration)
11. Regulation 74 amended (Notice of cancellation)
[Bill 2]-XI
PART 4 - VEHICLE AND TRAFFIC (REVIEW OF DECISIONS)
REGULATIONS 2010 AMENDED
12. Principal Regulations
13. Regulation 3A inserted
3A. Certain decisions not to be taken to be administrative
decisions
PART 5 - CONCLUDING PROVISION
14. Repeal of Act
2
VEHICLE AND TRAFFIC AMENDMENT
(OFFENSIVE ADVERTISING) BILL 2017
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
15 March 2017
(Brought in by the Minister for Infrastructure, the Honourable
Marinus Theodoor Hidding)
A BILL FOR
An Act to amend the Vehicle and Traffic Act 1999, the
Vehicle and Traffic (Driver Licensing and Vehicle
Registration) Regulations 2010 and the Vehicle and Traffic
(Review of Decisions) Regulations 2010 to provide for the
prevention of the display of offensive advertising on certain
registered vehicles, and for related purposes
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Vehicle and Traffic
Amendment (Offensive Advertising) Act 2017.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 2] 3
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
s. 3 Part 2 - Vehicle and Traffic Act 1999 Amended
PART 2 - VEHICLE AND TRAFFIC ACT 1999
AMENDED
3. Principal Act
In this Part, the Vehicle and Traffic Act 1999* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of heavy vehicle:
hire and drive vehicle means a motor
vehicle that is used to operate a
hire and drive passenger service,
within the meaning of the
Passenger Transport Services Act
2011;
(b) by inserting the following definition after
the definition of novice rider:
offensive advertising notice, in
relation to a vehicle, means a
notice, served under section 33(2)
on the registered operator of the
vehicle, that has not been revoked
under section 33(4);
*No. 70 of 1999
4
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
Part 2 - Vehicle and Traffic Act 1999 Amended s. 5
5. Section 33 inserted
After section 32A of the Principal Act, the
following section is inserted in Part 4:
33. Offensive advertising on vehicles
(1) In this section -
advertising means images or words in
relation to which the Advertising
Standards Bureau may issue a
notice that a breach of the
advertising code has occurred;
advertising code means -
(a) the document, called the
AANA Code of Ethics,
published by the
Australian Association of
National Advertisers
ACN 003 179 673, as in
force from time to time;
or
(b) another document that -
(i) states a code of
ethics, or sets
standards, for
advertising; and
(ii) is prescribed by
regulation to be an
advertising code
5
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
s. 5 Part 2 - Vehicle and Traffic Act 1999 Amended
for the purposes of
this section;
Advertising Standards Board means
the board, appointed by the
Advertising Standards Bureau,
that has the function of
considering complaints about
advertising, made by members of
the public, to determine whether
the advertising breaches the
advertising code;
Advertising Standards Bureau means
the Advertising Standards Bureau
ACN 084 452 666.
(2) The Registrar must serve on the
registered operator of a hire and drive
vehicle a notice (an offensive advertising
notice) if -
(a) the Advertising Standards Board,
or an entity that has conducted a
review of a determination of the
Advertising Standards Board, has
made a determination that
advertising on the vehicle
breaches the advertising code;
and
(b) the Advertising Standards Bureau
has issued to the Registrar a
notice (an advertising code
breach notice) stating -
6
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
Part 2 - Vehicle and Traffic Act 1999 Amended s. 5
(i) the details of the
determination; and
(ii) that the determination is
final; and
(c) the Advertising Standards Bureau
has not withdrawn the advertising
code breach notice.
(3) An offensive advertising notice served on
the registered operator of a vehicle must
include -
(a) the name of the registered
operator; and
(b) details of the vehicle; and
(c) a statement that the Registrar
must cancel the registration of the
vehicle at the end of the period of
14 days after the notice is served
on the registered operator, unless
the Advertising Standards Bureau
withdraws its advertising code
breach notice.
(4) The Registrar must, by notice served on
the registered operator of a vehicle,
revoke an offensive advertising notice in
relation to the vehicle, if the Advertising
Standards Bureau has withdrawn an
advertising code breach notice in relation
to the vehicle.
7
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
s. 6 Part 2 - Vehicle and Traffic Act 1999 Amended
(5) An advertising code breach notice may
state that the determination referred to in
the notice is final if the period for
requesting a review of the determination
has ended and -
(a) any of the following applies to
each request for a review of the
determination:
(i) the request was not
accepted because it did
not meet the grounds on
which a determination
may be reviewed;
(ii) the determination was
confirmed;
(iii) the review resulted in a
determination that
advertising on the vehicle
breaches the advertising
code; or
(b) no request for a review of the
determination was made.
6. Section 39 amended (Vehicle registration scheme)
Section 39 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) The vehicle registration scheme may
provide for any or all of the following:
8
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
Part 2 - Vehicle and Traffic Act 1999 Amended s. 6
(a) that the registration of a vehicle
may, or must, be cancelled if
there is an offensive advertising
notice in relation to the vehicle;
(b) that it is a requirement, for a
vehicle to be eligible for
registration, that there is no
offensive advertising notice in
relation to the vehicle.
9
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
s. 7 Part 3 - Vehicle and Traffic (Driver Licensing and Vehicle Registration)
Regulations 2010 Amended
PART 3 - VEHICLE AND TRAFFIC (DRIVER
LICENSING AND VEHICLE REGISTRATION)
REGULATIONS 2010 AMENDED
7. Principal Regulations
In this Part, the Vehicle and Traffic (Driver
Licensing and Vehicle Registration) Regulations
2010* are referred to as the Principal
Regulations.
8. Regulation 52 amended (Eligibility for registration
of motor vehicles or trailers)
Regulation 52(1) of the Principal Regulations is
amended by inserting after paragraph (b) the
following paragraph:
(ba) there is no offensive advertising notice in
relation to the vehicle; and
9. Regulation 57 amended (Registration of motor
vehicles and trailers)
Regulation 57 of the Principal Regulations is
amended by inserting after subregulation (4) the
following subregulation:
(5) The Registrar must refuse to register a
vehicle if the Registrar is satisfied that
there is an offensive advertising notice in
relation to the vehicle.
*S.R. 2010, No. 37
10
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
Part 3 - Vehicle and Traffic (Driver Licensing and Vehicle Registration) s. 10
Regulations 2010 Amended
10. Regulation 72 amended (Suspension or cancellation
of registration)
Regulation 72 of the Principal Regulations is
amended by inserting after subregulation (1) the
following subregulation:
(1A) The Registrar must, at the end of the
period of 14 days after serving on the
registered operator of a registered motor
vehicle an offensive advertising notice
under section 33 of the Act, cancel under
subregulation (1) the registration of the
vehicle, unless the Advertising Standards
Bureau withdraws its advertising code
breach notice.
11. Regulation 74 amended (Notice of cancellation)
Regulation 74 of the Principal Regulations is
amended as follows:
(a) by inserting in subregulation (2) "or is
required under regulation 72(1A) to
cancel the registration of a vehicle," after
"trailer,";
(b) by inserting the following subregulation
after subregulation (2):
(2A) Subregulation (1) and
subregulation (2)(b) do not apply
in relation to a cancellation of the
registration of a vehicle if the
Registrar is required under
11
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
s. 11 Part 3 - Vehicle and Traffic (Driver Licensing and Vehicle Registration)
Regulations 2010 Amended
regulation 72(1A) to cancel the
registration of the vehicle.
12
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
Part 4 - Vehicle and Traffic (Review of Decisions) Regulations 2010 s. 12
Amended
PART 4 - VEHICLE AND TRAFFIC (REVIEW OF
DECISIONS) REGULATIONS 2010 AMENDED
12. Principal Regulations
In this Part, the Vehicle and Traffic (Review of
Decisions) Regulations 2010* are referred to as
the Principal Regulations.
13. Regulation 3A inserted
After regulation 3 of the Principal Regulations,
the following regulation is inserted in Part 1:
3A. Certain decisions not to be taken to be
administrative decisions
In this Act, a reference to an
administrative decision does not include
a reference to a decision -
(a) to issue an offensive advertising
notice in relation to a vehicle; or
(b) to refuse to register a vehicle
because there is an offensive
advertising notice in relation to
the vehicle; or
(c) to cancel the registration of a
vehicle because there is an
offensive advertising notice in
relation to the vehicle.
*S.R. 2010, No. 75
13
Vehicle and Traffic Amendment (Offensive Advertising) Act 2017
Act No. of
s. 14 Part 5 - Concluding Provision
PART 5 - CONCLUDING PROVISION
14. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
14 Government Printer, Tasmania