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

Overview

This bill lets Queensland's transport department cancel a vehicle's registration if the vehicle keeps displaying advertising that has been ruled offensive under the national advertising code. It puts teeth behind the Advertising Standards Bureau's decisions, which until now have relied on voluntary compliance.

Who it affects

Mainly businesses and individuals with branded or advertising-carrying vehicles who ignore rulings from the Advertising Standards Board. The public gains a real enforcement route when they complain about offensive ads on vehicles.

Key changes

• The chief executive of Transport and Main Roads can cancel a vehicle's registration if its advertising is ruled to breach the national code and the advertiser does not fix it
• Registered operators get at least 14 days' warning before their registration is cancelled, and the cancellation is called off if the ad is removed
• Owners cannot transfer the vehicle to someone else to dodge cancellation, and no refund of registration fees is given
• Re-registering the vehicle after cancellation requires a statutory declaration that the ad has been removed
• A failure to return number plates within 14 days carries a maximum penalty of 20 penalty units
• The chief executive's decisions cannot be reviewed or appealed, except for judicial review on jurisdictional error