33Offensive advertising on vehicles

### 33 Offensive advertising on vehicles > [*\[Section 33 Subsection (3) substituted by No. 41 of 2000, s. 6, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-2000-041#GS6@EN) [*\[Section 33 Repealed by No. 60 of 2011, Sched. 1, Applied:01 Jul 2013\]*](/view/html/inforce/2013-07-01/act-2011-060#JS1@Ja15@GC3@EN) > > > (1)  In this section – > > > > > [*\[Section 33 Subsection (1) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpa@EN) ***advertising*** means images or words in relation to which a decision-maker may issue a notice that a breach of the advertising code has occurred; > > > > > ***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 for the purposes of this section; > > > > [*\[Section 33 Subsection (1) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpb@EN) > > > > > [*\[Section 33 Subsection (1) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpb@EN) ***decision-maker*** means a body, organisation or entity that is the subject of a declaration made under [subsection (6)](#GS33@Gs6@EN) . > > > (2)  The Registrar must serve on the registered operator of a hire and drive vehicle a notice (an ***offensive advertising notice***) if – > > > > > > (a) [*\[Section 33 Subsection (2) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpc@EN) a decision-maker, or an entity that has conducted a review of a determination of a decision-maker, has made a determination that advertising on the vehicle breaches the advertising code; and > > > > > > > (b) [*\[Section 33 Subsection (2) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpd@EN) the decision-maker has issued to the Registrar a notice (an ***advertising code breach notice***) stating – > > > > > > > > > > (i) the details of the determination; and > > > > > > > > > > > (ii) that the determination is final; and > > > > > > > (c) [*\[Section 33 Subsection (2) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpe@EN) the decision-maker has not withdrawn the advertising code breach notice. > > > (3)  An offensive advertising notice served on the registered operator of a vehicle must include – > > > > > > (a) the name of the registered operator; and > > > > > > > (b) details of the vehicle; and > > > > > > > (c) [*\[Section 33 Subsection (3) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpf@EN) a statement that the Registrar must cancel the registration of the vehicle at the end of the period of 14 days after the notice is served on the registered operator, unless the decision-maker withdraws its advertising code breach notice. > > > (4)  [*\[Section 33 Subsection (4) amended by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hpg@EN) The Registrar must, by notice served on the registered operator of a vehicle, revoke an offensive advertising notice in relation to the vehicle, if the decision-maker has withdrawn an advertising code breach notice in relation to the vehicle. > > > (5)  An advertising code breach notice may state that the determination referred to in the notice is final if the period for requesting 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 advertising on the vehicle breaches the advertising code; or > > > > > > > (b) no request for a review of the determination was made. > > > (6)  [*\[Section 33 Subsection (6) inserted by No. 17 of 2023, s. 7, Applied:01 Jul 2024\]*](/view/html/inforce/2024-07-01/act-2023-017#GS7@Hph@EN) The Minister may declare, by notice published in the *Gazette*, a body, organisation or entity, that has the function of considering complaints about advertising, made by members of the public, to determine whether the advertising breaches the advertising code, to be a decision-maker for the purposes of this section.