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TASMANIA
__________
TRAFFIC AMENDMENT BILL 2007
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Part VIII inserted
PART VIII Electronic billboards
76. Interpretation of Part
77. What is an electronic billboard?
78. Restrictions on use of electronic billboards in traffic
settings
79. Electronic billboard approvals
80. Directions to move unsafe or unauthorised electronic
billboards, &c.
81. Seizure and removal of unsafe or unauthorised
electronic billboards, &c.
82. Return or disposal of seized electronic billboards
[Bill 35]-III
2
TRAFFIC AMENDMENT BILL 2007
(Brought in by the Minister for Infrastructure, the Honourable
James Glennister Cox)
A BILL FOR
An Act to amend the Traffic Act 1925
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Traffic Amendment
Act 2007.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Traffic Act 1925* is referred to as
the Principal Act.
*No. 38 of 1925
[Bill 35] 3
Traffic Amendment Act 2007
Act No. of
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4. Part VIII inserted
After section 75 of the Principal Act, the
following Part is inserted:
PART VIII ELECTRONIC BILLBOARDS
76. Interpretation of Part
In this Part
"associated vehicle", in relation to an
electronic billboard, means a
vehicle
(a) to which the electronic
billboard is affixed; or
(b) on which the electronic
billboard is mounted; or
(c) of which the electronic
billboard is an integral
part;
"condition", of an electronic billboard
approval, means a condition
imposed on the approval under
section 79(4);
"electronic billboard" see
section 77;
"electronic billboard approval"
see section 78(2)(a)(iii) and
section 79;
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Traffic Amendment Act 2007
Act No. of
s. 4
"officer" means a police officer or
authorised officer;
"road authority" means
(a) a body or person having
statutory authority or
responsibility for the
design, construction,
demolition, maintenance
or management of any
road; or
(b) a person that is designing,
constructing,
demolishing, maintaining
or managing a road for a
road authority of the kind
referred to in
paragraph (a).
77. What is an electronic billboard?
(1) For this Part, an electronic billboard is a
device that is displaying, either
constantly or intermittently and with or
without variation, illuminated words or
images.
(2) However, neither of the following is
taken to be an electronic billboard for
this Part:
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Traffic Amendment Act 2007
Act No. of
s. 4
(a) a traffic sign that is made,
supplied and placed in
accordance with section 59;
(b) a prescribed device.
78. Restrictions on use of electronic billboards in
traffic settings
(1) A person must not
(a) place or leave an electronic
billboard on a public street; or
(b) place or leave an electronic
billboard in a public place if any
occupant of any motor vehicle on
any public street can, with the
naked eye, read any words or
make out any images being
displayed by the electronic
billboard.
Penalty: Fine not exceeding 20 penalty
units.
(2) However
(a) subsection (1)(a) does not apply
to an electronic billboard that is
(i) used for traffic
management or road
safety purposes by a road
authority; or
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Traffic Amendment Act 2007
Act No. of
s. 4
(ii) used for the purposes of a
civil or other emergency
by a statutory service
within the meaning of the
Emergency Management
Act 2006; or
(iii) placed or left on a public
street with and in
accordance with the
written approval of the
Commission (in this Part
referred to as an
"electronic billboard
approval"); and
(b) subsection (1)(b) does not apply
to an electronic billboard that is
placed or left in a public place by,
or with the approval of, the owner
or occupier of that public place.
79. Electronic billboard approvals
(1) An electronic billboard approval is to
(a) be in a form determined by the
Commission; and
(b) identify the electronic billboard
for which it is given; and
(c) specify
(i) the name of the person to
whom it is given; and
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Traffic Amendment Act 2007
Act No. of
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(ii) the date or dates, or the
period, for which it is
given; and
(iii) the precise location or
locations where the
relevant electronic
billboard may be placed
or left; and
(iv) any other matter the
Commission thinks fit.
(2) An electronic billboard approval is to be
given only for one electronic billboard,
and only for
(a) a number of specific dates not
exceeding, in total, 21; or
(b) one specific continuous period
not exceeding 21 days.
(3) The Commission is not to give an
electronic billboard approval unless it is
satisfied that
(a) the relevant electronic billboard is
to be used only for legitimate
traffic management or road safety
purposes; or
(b) exceptional circumstances apply.
(4) An electronic billboard approval may be
made subject to such conditions as the
Commission thinks fit having regard to
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Act No. of
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road safety and the convenience of the
public.
(5) An electronic billboard approval
(a) is not capable of being amended,
renewed or transferred; and
(b) is not a defence to an action or
indictment for nuisance; and
(c) may, by written notice to the
person to whom it is given, be
suspended or revoked by the
Commission if it is satisfied on
reasonable grounds that
(i) the person has
contravened
section 78(1)(a) in respect
of any electronic
billboard; or
(ii) the conditions of the
approval have been
contravened in a way that
compromises road safety
or in another serious
respect; or
(iii) by reason of altered traffic
conditions or other
considerations, the
circumstances that
justified the giving of the
approval no longer apply;
or
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Traffic Amendment Act 2007
Act No. of
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(iv) the approval is no longer
required.
(6) An electronic billboard approval has no
force or effect while it is suspended.
(7) The Commission, by notice, may revoke
the suspension of an electronic billboard
approval at any time if it is satisfied that
the suspension is no longer merited.
(8) A person must not contravene a
condition of an electronic billboard
approval.
Penalty: Fine not exceeding 20 penalty
units.
(9) A person who is given an electronic
billboard approval must immediately
produce it to an officer who demands to
see it.
Penalty: Fine not exceeding 20 penalty
units.
80. Directions to move unsafe or unauthorised
electronic billboards, &c.
(1) This section applies if an officer
reasonably suspects that a person has
(a) contravened section 78(1); or
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Act No. of
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(b) contravened section 79(8) in a
way that compromises road safety
or in another serious respect; or
(c) contravened section 79(9).
(2) The officer may direct the person to
move the relevant electronic billboard,
including any associated vehicle, within
a specified time and, by the same
direction, may
(a) require that the electronic
billboard be switched off, either
immediately or within a specified
time; and
(b) give instructions as to how the
electronic billboard should be
moved and where it may or may
not be moved to.
(3) If the officer gives the person a direction
under subsection (2), the person must
comply with that direction.
Penalty: In the case of
(a) a first offence, a fine not
exceeding 15 penalty
units; or
(b) a subsequent offence, a
fine not exceeding 30
penalty units.
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Act No. of
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81. Seizure and removal of unsafe or
unauthorised electronic billboards, &c.
(1) This section applies if, in respect of an
electronic billboard, an officer
reasonably believes that
(a) there is a real and immediate road
safety hazard; or
(b) section 78(1) has been
contravened and reasonable
efforts to identify or locate the
person apparently responsible for
the contravention have been
unsuccessful; or
(c) section 79(8) has been
contravened in a way that
compromises road safety or in
another serious respect and
reasonable efforts to locate the
person with the relevant
electronic billboard approval
have been unsuccessful; or
(d) section 80(3) has been
contravened.
(2) The officer may seize the electronic
billboard, including, if necessary, any
associated vehicle, and remove it to a
place of safekeeping.
(3) In seizing or removing the electronic
billboard, the officer may
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Act No. of
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(a) use reasonable force and
assistance; and
(b) switch off or cover the electronic
billboard; and
(c) enter and remain on, regardless of
who the owner or occupier may
be, any public place.
(4) Subsection (2) has effect
(a) for subsection (1)(a), regardless
of the existence, terms or
conditions of, or degree of
compliance with, any electronic
billboard approval; and
(b) for subsection (1)(a), (b) or (c),
regardless of whether a direction
has been given under
section 80(2).
82. Return or disposal of seized electronic
billboards
(1) This section applies if an electronic
billboard has been seized and removed to
a place of safekeeping under section 81.
(2) The electronic billboard may be released
to its owner, or to any person who
establishes that he or she is entitled to
take possession of it, on payment to the
Commission of the reasonable costs
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Traffic Amendment Act 2007
Act No. of
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incurred in respect of its removal and
safekeeping.
(3) If the electronic billboard is not released
within 2 months of the date of seizure,
the Commission may sell or dispose of it
in such manner as the Commission thinks
fit.
(4) However, the Commission is to
(a) advertise the proposed sale or
disposal in a newspaper
circulating in the locality where
the electronic billboard was
seized; and
(b) if there is an associated vehicle,
give written notice of the
proposed sale or disposal to its
registered operator.
(5) Neither the Crown nor the Commission
nor any officer is liable for any damage
that may be caused to an electronic
billboard as a result of an act or omission
of an officer exercising power under this
Part in good faith.
(6) In exercising power under this section,
the Commission may deal with an
electronic billboard separately from its
associated vehicle if circumstances
require.
(7) In this section
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Act No. of
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"electronic billboard" includes its
associated vehicle, if any.
Government Printer, Tasmania 15