Div 2ACancellation of registration for offensive advertisements

Division 2A—Cancellation of registration for offensive advertisements S. 16AA inserted by No. 49/2019 s. 119. 16AA Definitions S. 16AA def. of *Ad Standards* repealed by No. 34/2023 s. 38(b). ***advertising breach notice*** means a notice sent under section 16AB(1); ***advertising code*** means— (a) the 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 prescribed for the purposes of this Division to be the advertising code; S. 16AA def. of *advertising complaints body* inserted by No. 34/2023 s. 38(a). ***advertising complaints body*** means— (a) the Australian Association of National Advertisers ACN 003 179 673; or (b) another body prescribed for the purposes of this paragraph; S. 16AA def. of *board* repealed by No. 34/2023 s. 38(b). S. 16AA def. of *panel* inserted by No. 34/2023 s. 38(a). ***panel*** means a panel, board, jury or body (by whatever name called) that— (a) is appointed by the advertising complaints body or another body prescribed for the purposes of this paragraph; 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; ***registration cancellation notice*** means a notice sent under section 16AC(1). S. 16AB inserted by No. 49/2019 s. 119. 16AB Advertising breach notice S. 16AB(1) amended by No. 34/2023 s. 39(1)(a). (1) The advertising complaints body may send a notice to the Secretary if— S. 16AB(1)(a) amended by No. 34/2023 s. 39(1)(b). (a) a panel determines that an advertisement on a motor vehicle or trailer is in breach of the advertising code; and S. 16AB(1)(b) amended by No. 34/2023 s. 39(1)(b). (b) the determination of the panel is final and any internal review of the determination has concluded; and (c) no action has been taken to modify or remove the advertisement on the motor vehicle or trailer. (2) An advertising breach notice must— (a) be in writing; and (b) include the details of the determination and state that the determination is final. S. 16AB(3) amended by No. 34/2023 s. 39(2). (3) The advertising complaints body, by written notice sent to the Secretary, may withdraw an advertising breach notice. S. 16AC inserted by No. 49/2019 s. 119. 16AC Registration cancellation notice (1) If the Secretary receives an advertising breach notice, the Secretary may send a notice to the registered operator of a motor vehicle or trailer informing the registered operator— S. 16AC(1)(a) amended by No. 34/2023 s. 40. (a) that the Secretary has been notified by the advertising complaints body— (i) that a determination has been made that advertising on that motor vehicle or trailer is in breach of the advertising code; and (ii) that no action has been taken by the registered operator to modify or remove the advertisement on the motor vehicle or trailer; and S. 16AC(1)(b) amended by No. 34/2023 s. 40. (b) the Secretary may cancel the registration of the motor vehicle or trailer on a stated day unless the advertising complaints body withdraws the advertising breach notice it sent to the Secretary before that day. (2) The day stated in a registration cancellation notice must be at least 14 days after the notice is sent to the registered operator. (3) The Secretary may send a notice to the registered operator stating a later day on which the registration of the motor vehicle or trailer may be cancelled. S. 16AD inserted by No. 49/2019 s. 119. 16AD Withdrawal of advertising breach notice (a) the Secretary sends a registration cancellation notice to a registered operator of a motor vehicle or trailer; and S. 16AD(1)(b) amended by No. 34/2023 s. 41. (b) before the Secretary cancels the registration of the motor vehicle or trailer under section 16AE, the advertising complaints body sends a notice to the Secretary withdrawing the advertising breach notice. (a) take no further action under this Division to cancel the registration of the motor vehicle or trailer; and (b) send a notice to the registered operator of the motor vehicle or trailer stating that— S. 16AD(2) (b)(i) amended by No. 34/2023 s. 41. (i) the notice from the advertising complaints body has been withdrawn; and (ii) no further action will be taken to cancel the registration of the motor vehicle or trailer. S. 16AE inserted by No. 49/2019 s. 119. 16AE Cancellation of registration (1) Subject to section 16AD, the Secretary may cancel the registration of a motor vehicle or trailer the subject of a registration cancellation notice on or after the cancellation day. (2) If the Secretary cancels the registration of a motor vehicle or trailer under subsection (1), the Secretary must send the registered operator of the motor vehicle or trailer notice of the cancellation. (3) If the Secretary decides not to cancel the registration of the motor vehicle or trailer, the Secretary must send the registered operator of the motor vehicle or trailer notice that no further action will be taken to cancel the registration. (4) If the registration of a motor vehicle or trailer is cancelled under subsection (1), the vehicle is unregistered for the purposes of this Part. (5) Despite subsection (4), it is not an offence against this Act to leave a vehicle whose registration has been cancelled under this section standing on a highway. ***cancellation day*** means the day stated in a registration cancellation notice, or a later day stated in a notice sent under section 16AC(3), as the day on which the registration of the motor vehicle or trailer will be cancelled. S. 16AF inserted by No. 49/2019 s. 119. 16AF No transfer of registration The Secretary must not record a transfer of the registration of a motor vehicle or trailer if— (a) a registration cancellation notice for the motor vehicle or trailer has been sent to the registered operator; and (b) the Secretary has not sent the registered operator a notice that no further action will be taken to cancel the registration of the motor vehicle or trailer under section 16AD(2)(b) or section 16AE(3). S. 16AG inserted by No. 49/2019 s. 119. 16AG No refund of registration fees The registered operator of a motor vehicle or trailer is not entitled to a refund of the registration fees, in whole or in part, paid for the motor vehicle or trailer because of a cancellation of registration under section 16AE. S. 16AH inserted by No. 49/2019 s. 119. 16AH Applying for registration after cancellation (1) This section applies to an application made under the regulations for the registration of a motor vehicle or trailer that has— (a) had its registration cancelled under section 16AE(1); and (b) not been registered under this Part since that cancellation. (2) The application 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 motor vehicle or trailer. (3) The Secretary must refuse to accept an application for registration unless it is accompanied by the statutory declaration. Pt 2 Div. 3 (Heading and ss 16A–16F) inserted by No. 92/2001 s. 10. Division 3—Written-off vehicles S. 16A inserted by No. 92/2001 s. 10.