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CLAUSE NOTES
Vehicle and Traffic Amendment (Offensive Advertising) Bill 2017
PART 1 PRELIMINARY
Clause 1 Short title
Clause 2 This clause provides for the Act to commence on a day to be proclaimed.
PART 2 VEHICLE AND TRAFFIC ACT 1999 AMENDED
Clause 3 In this Bill, the Vehicle and Traffic Act 1999 is referred to as the Principal Act.
Clause 4 This clause inserts two new definitions - ‘hire and drive vehicle’ and ‘offensive
advertising notice’ - for the purposes of the Bill.
Clause 5 This clause inserts the new Section 33 offensive advertising on vehicles provisions
in the Principal Act. It defines the advertising code, who the Advertising Standards
Bureau and Advertising Standards Board are, and sets out the process for the
Registrar of Motor Vehicles to serve a registration cancellation notice on the
registered operator of the hire and drive vehicle.
It provides that the Registrar of Motor Vehicles must serve a notice on the
registered operator if the Advertising Standards Board has conducted a review
and determined the advertising is offensive. The Bureau’s notice to the Registrar
must state it has not withdrawn its advertising code breach notice as this then
informs the Registrar to issue the cancellation notice. The Bureau’s notice to the
Registrar also may state that the Board’s determination in the notice is final.
The Registrar’s notice to the registered operator must state the name of the
registered operator, details of the vehicle and that the registration will be cancelled
in 14 days unless the Bureau has withdrawn its breach code notice.
If the Bureau has withdrawn its notice, the clause requires the Registrar to revoke
its notice to cancel the registration.
Clause 6 This clause amends Section 39 of the Act, which allows for the making of
regulations for the vehicle registration scheme, by including powers for the
cancellation of a vehicle’s registration for offensive advertising and, if it has been
deregistered for that reason, for it to not be reregistered if there is an advertising
code breach notice outstanding.
PART 3 VEHICLE AND TRAFFIC (DRIVER LICENSING AND VEHICLE
REGISTRATION) REGULATIONS 2010 AMENDED
Clause 7 In this Bill, the Vehicle and Traffic Act (Driver Licensing & Vehicle Registration)
Regulations 2010 are referred to as the Principal Regulations.
Clause 8 Regulation 52 provides the process for how a vehicle can be registered or
deregistered. This clause amends Regulation 52(1) to include an additional
eligibility requirement that there is no outstanding advertising breach code notice
in relation to the vehicle. Without this clause, the vehicle could be registered with
the offensive advertising still displayed on it.
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Clause 9 This clause amends Regulation 57 to provide that the Registrar must refuse to
register the vehicle if there is an offensive advertising notice outstanding on the
vehicle. This is a ‘cross-check’ mechanism to ensure the registered operator has
fully complied with the advertising code breach notice and had it withdrawn by
the Bureau before the vehicle is reregistered.
Clause 10 This clause amends Regulation 72 by requiring the Registrar to cancel the
registration of the vehicle after 14 days of serving an offensive advertising notice
under Section 33 of the Act if the Bureau has not withdrawn its code breach
notice.
Clause 11 This clause amends Regulation 74 to require the Registrar to provide a notice of
cancellation to the registered operator, which includes specific information on why
the registration is being cancelled and what date it will take effect. This is
consistent with current requirements placed on the Registrar when issuing a
registration cancellation notice.
For reregistration to occur, Regulation 74 currently requires the Registrar to be
satisfied that the registered operator has taken action to remedy any non-
compliance. This clause amends the Regulation so that it is for the Bureau to be
satisfied (not the Registrar) that the advertising code breach notice is remedied
and to withdraw the notice prior to the Registrar reregistering the vehicle.
PART 4 VEHICLE AND TRAFFIC (REVIEW OF DECISIONS) REGULATIONS 2010
AMENDED
Clause 12 In this Bill, the Vehicle and Traffic (Review of Decisions) Regulations 2010 are the
Principal Regulations.
Clause 13 In the current Regulations, a decision by the Registrar to suspend or cancel the
registration of a vehicle is an administrative decision which is reviewable. This
clause inserts a new Regulation 3A to provide that a decision to cancel the
registration on the basis of an offensive advertising breach notice is not be taken
as a administrative decision subject to review.
The Board’s complaint process provides the opportunity for the advertiser to
respond to the complaint and seek an independent review. If this cancellation for
offensive advertising is a reviewable decision by the Registrar, it creates a
duplication of review.
Clause 14 This clause provides that the legislation set out in this Act is repealed one year
from when it commences.
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