40Prohibition of certain aerial advertising

40 Prohibition of certain aerial advertising

40 Prohibition of certain aerial advertising

(1) For the purposes of this section, a Ministerial order may prescribe airspace as advertising controlled airspace for a major event.

(1A) The advertising controlled airspace must be within the line of sight of a major event area for the major event.

(2) A person must not display an advertisement, or cause an advertisement to be displayed, in advertising controlled airspace, except with the approval of the responsible authority for the major event concerned.

Maximum penalty—2,000 penalty units.

(3) An application for the approval of the responsible authority under this section may be made in such form and manner as is determined by the responsible authority.

(4) The responsible authority may determine an application by granting the application, unconditionally or subject to conditions, or by refusing the application.

(5) For the purposes of this section, the responsible authority may grant approval to a person, or to classes or descriptions of persons, only if in its opinion the display of the advertisement will not adversely affect the organisation or conduct of the major event.

(6) The determination of the responsible authority with respect to an application for approval is final.

(7) For the purposes of this section—

advertisement includes advertising by any of the following methods—

(a) skywriting or signwriting by an aircraft,

(b) a banner, or other sign, towed by or attached to an aircraft,

(c) matter displayed on an aircraft, other than its normal markings and livery,

(d) matter displayed on a hang glider, parachute, paraglider or similar device, other than its normal markings, or on a banner or sign attached to a hang glider, parachute, paraglider or similar device,

(e) a banner, or other sign, attached to a person suspended from a hang glider, parachute, paraglider or similar device.

aircraft includes an airship, balloon or drone or other unmanned aerial vehicle.

s 40: Am 2022 No 12, Sch 1[19] [20]; 2024 No 76, Sch 4[15].