Part 1BCancelling vehicle registration for offensive advertisements#

Division 1Preliminary#

19DDefinitions 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 entity

means the entity, prescribed by regulation, that manages the process for resolving complaints about advertising as part of the self-regulation of advertising.

registration cancellation notice

see section 19F(1).

Division 2Cancelling vehicle registration#

19EApplication of division#

(1) This division applies if— (a) the community panel determines that an advertisement on a registered vehicle breaches the advertising code; and (b) the advertising standards entity 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 community panel includes a reference to a determination made by another entity as a result of a review of a determination of the community panel.

(4) In this section—

community panel

means the entity, prescribed by regulation, that— (a) is appointed by the Advertising Standards entity; and (b) has the function of considering complaints about advertising made by members of the public to determine whether the advertising breaches the advertising code.

19FRegistration cancellation notice#

(1) The chief executive may give the registered operator of the vehicle a written notice (a registration cancellation notice) stating that— (a) the advertising standards entity has given an advertising code breach notice for the vehicle to the chief executive; and (b) the vehicle’s registration will be cancelled on a stated day unless the advertising standards entity withdraws its advertising code breach notice before that day.

(2) The day stated in the registration cancellation notice must be at least 14 days after the notice is given to the registered operator.

(3) The chief executive may, by written notice given to the registered operator, state a later day on which the vehicle’s registration will be cancelled.

19GAdvertising standards entity withdraws advertising code breach notice#

(1) This section applies if— (a) the chief executive gives a registration cancellation notice to the registered operator of the vehicle; and (b) the advertising standards entity gives a written notice to the chief executive, before the chief executive cancels the vehicle’s registration under section 19H, withdrawing its advertising code breach notice.

(2) The chief executive must— (a) take no further action under this division to cancel the registration of the vehicle; and (b) give a written notice to the registered operator of the vehicle stating that— (i) the advertising code breach notice has been withdrawn; and (ii) no further action will be taken to cancel the registration of the vehicle.

19HCancellation of registration#

(1) The chief executive may cancel the vehicle’s registration, on or after the cancellation day, if the advertising standards entity has not given the chief executive a written notice withdrawing the advertising code breach notice for the vehicle.

(2) The chief executive must give the registered operator of the vehicle written notice of the cancellation.

(3) If the chief executive decides not to cancel the vehicle’s registration, the chief executive must give written notice that no further action will be taken to cancel the registration of the vehicle to the registered operator.

(4) In this section—

cancellation day

means the day stated in a registration cancellation notice given under section 19F(1), or a later day stated in a notice given under section 19F(3), as the day on which the vehicle’s registration will be cancelled.

19IRequirement to return number plates#

(1) The notice of the cancellation of the vehicle’s registration under section 19H(2) must require the registered operator to return to the chief executive the number plates issued for the vehicle, within 14 days after the notice is given.

(2) The registered operator must comply with the requirement under subsection (1).

(3) However, if a number plate has been lost, stolen or destroyed, the registered operator does not contravene subsection (2) if the registered operator, by written notice, gives details of the loss, theft or destruction to the chief executive within the period mentioned in subsection (1).

Division 3Matters after vehicle registration is cancelled#

19JApplication of division#

This division applies if— (a) the chief executive— (i) gives a registration cancellation notice for a vehicle to the registered operator; and (ii) does not give the registered operator a notice that no further action will be taken to cancel the vehicle’s registration under section 19G(2)(b) or 19H(3); and (b) after the registration cancellation notice is given, the registration of the vehicle is cancelled, whether under section 19H or otherwise.

19KNo refund of registration fee#

The registered operator of the vehicle is not entitled to a refund of the registration fee, or part of the fee, paid for the vehicle because of the cancellation.

19LApplying for registration after registration cancelled#

(1) An application made under a regulation for the registration of the vehicle must be accompanied by a statutory declaration by the applicant stating that the advertisement the subject of the registration cancellation notice has been removed from the vehicle.

(2) The chief executive must refuse to accept the application for registration unless it is accompanied by the statutory declaration.

Division 4General#

19MNo transfer of registration#

The chief executive must not record a transfer of the registration of a vehicle if—

• (a) a registration cancellation notice for the vehicle has been given to the registered operator; and
• (b) the chief executive has not given the registered operator a notice that no further action will be taken to cancel the vehicle's registration under section 19G(2)(b) or 19H(3).

19NLimitation of review#

1. (1)This section applies to each of the following decisions of the chief executive—
2. (a)a decision to give a registration cancellation notice under section 19F(1);
3. (b)a decision to cancel, or not to cancel, the registration of a vehicle under section 19H.
4. (2)The Judicial Review Act 1991, part 4 does not apply to the decision.
5. (3)Subject to subsection (4), the decision—
6. (a)is final and conclusive; and
7. (b)can not be challenged, appealed against, reviewed, quashed, set aside or called in question in any other way, under the Judicial Review Act 1991 or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and
8. (c)is not subject to any declaratory, injunctive or other order of the Supreme Court, another court, a tribunal or another entity on any ground.
9. (4)The Judicial Review Act 1991, part 5 applies to the decision to the extent the decision is affected by jurisdictional error.
10. (5)In this section—

decision

decision includes a decision or conduct leading up to or forming part of the process of making a decision.

19ONotices given by electronic communication#

The chief executive may give a notice to the registered operator of a vehicle under this part by electronic communication to an electronic address of the registered operator if the operator—

• (a) gave the address to the chief executive for the purpose of communicating with the registered operator (whether or not it was given for use under this part); and
• (b) has not asked the chief executive (orally or in writing) to discontinue use of the address.