Transport Operations (Road Use Management) (Offensive Advertising) Amendment Bill 2016 (Qld)

An Act to amend the Transport Operations (Road Use Management) Act 1995 for particular purposes The Parliament of Queensland enacts—

1 Short title This Act may be cited as the Transport Operations (Road Use Management) (Offensive Advertising) Amendment Act 2017 .

2 Commencement This Act commences on a day to be fixed by proclamation.

3 Act amended This Act amends the Transport Operations (Road Use Management) Act 1995 .

4 Insertion of new ch 3, pt 1B Chapter 3— insert—

Part 1B Cancelling vehicle registration for offensive advertisements

Division 1 Preliminary

19D Definitions for part In this part— 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. advertising code breach notice see section 19E(1)(b). Advertising Standards Bureau means the Advertising Standards Bureau ACN 084 452 666. 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. registration cancellation notice see section 19F (1).

Division 2 Cancelling vehicle registration

19E Application of division (1) This division applies if— (a) the board determines that an advertisement on a registered vehicle breaches the advertising code; and (b) the Advertising Standards Bureau gives the chief executive a written notice (an advertising code breach notice) stating— (i) the details of the determination; and (ii) that the determination is final. (2) For subsection (1)(b)(ii), the determination is final if the period for asking for 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 an advertisement on the vehicle breaches the advertising code; or (b) no request for a review of the determination was made. (3) In subsection (1)(a), a reference to a determination by the board includes a reference to a determination made by another entity as a result of a review of a determination of the board.