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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Offensive Advertising) Amendment
Bill 2018
A BILL FOR
An Act to amend the
Motor
Vehicles Act 1959
.
Contents
Part 2—Amendment of Motor Vehicles
Act 1959
3Amendment of section 24—Duty to grant
registration
4Amendment of section 58—Transfer of
registration
5Insertion of Part 2 Division 13
71CPowers of
Registrar in relation to offensive advertising on motor vehicles
6Amendment of section 137A—Obligation to
provide evidence of design etc of motor vehicle
7Amendment of section 139—Inspection of
motor vehicles
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Offensive Advertising)
Amendment Act 2018.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
3—Amendment
of section 24—Duty to grant registration
Section 24—after subsection (3) insert:
(4) The Registrar may refuse to register a motor vehicle if the Registrar
has made a decision under section 71C in relation to the vehicle and the
reasons for that decision still exist.
4—Amendment
of section 58—Transfer of registration
Section 58—after subsection (4) insert:
(5) The Registrar may refuse to transfer the registration of a motor
vehicle if the Registrar has made a decision under section 71C in relation
to the vehicle and the reasons for that decision still exist.
5—Insertion
of Part 2 Division 13
After section 71B insert:
Division 13—Miscellaneous
71C—Powers of Registrar in relation to offensive
advertising on motor vehicles
(1) Subject to this
section, if the Registrar is given an advertising code breach notice in relation
to a motor vehicle by the Advertising Standards Bureau, the Registrar may do
either or both of the following:
(a) refuse to enter into any transaction—
(i) with the registered owner or the registered operator of the motor
vehicle to which the advertising code breach notice relates (whether in relation
to that motor vehicle or any other motor vehicle); and
(ii) with any other person in relation to the motor vehicle to which the
advertising code breach notice relates;
(b) cancel the registration of the motor vehicle to which the advertising
code breach notice relates.
(2) The Registrar
must, before acting under
subsection (1)
, give notice to the registered owner or the registered operator of the
motor vehicle to which the advertising code breach notice
relates—
(a) advising the owner or operator of the Registrar's decision under that
subsection; and
(b) specifying the action that must be taken, and the period within which
it must be taken, to avoid the Registrar acting under
subsection (1)
; and
(c) advising the owner or operator of their rights under sections 98Z
and 98ZA in relation to the Registrar's decision.
(3) If the
Registrar is notified by the Advertising Standards Bureau that the Bureau has
withdrawn the advertising code breach notice relating to the motor
vehicle—
(a) the Registrar must inform the registered owner or the registered
operator of the vehicle that the advertising code breach notice in relation to
the vehicle has been withdrawn; and
(b) the Registrar must not take action under
subsection (1)
.
(4) If the registration of a motor vehicle is cancelled under this
section, no part of any amount paid in respect of the registration of the
vehicle is refundable.
advertising code means—
(a) the document entitled 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) a document that—
(i) constitutes a code of ethics or standard for advertising;
and
(ii) is prescribed by the regulations to be an advertising code for the
purposes of this section;
advertising code breach determination means a determination
of the Board that material appearing on a specified motor vehicle breaches the
advertising code;
advertising code breach notice means a
notice—
(a) setting out the details of an advertising code breach determination;
and
(b) specifying that the determination is final;
Advertising Standards Bureau means the Australian Standards
Bureau (ACN 084 452 666);
Board means the body appointed by the Advertising Standards
Bureau to consider complaints from members of the public about advertising and
determine whether the advertising breaches the provisions of the advertising
code.
6—Amendment
of section 137A—Obligation to provide evidence of design etc of motor
vehicle
Section 137A—delete "or ownership" and substitute:
, ownership or appearance
7—Amendment
of section 139—Inspection of motor vehicles
Section 139(1)—after paragraph (ac) insert:
(ad) where an application to register a motor vehicle has been made
following a decision of the Registrar under section 71C in relation to the
motor vehicle, examine the motor vehicle for the purpose of ascertaining whether
the reasons for the decision under that section still exist;