Advertising Standards Bureau - Review of Operations 2013 | Page 105

In interpreting and applying the Code, FCAI
asks that advertisers take into account both the
explicit and implicit messages that are conveyed
by an advertisement. Advertisers should make
every effort to ensure that advertisements not only
comply with the formal provisions of the Code
but are also consistent with the objectives and
guidelines expressed in these Explanatory Notes
which accompany the Code.

Compliance and Administration
Assessment of compliance with the Code is to be
administered by the Advertising Standards Board
(ASB). The ASB will review all public complaints
made against advertisements for motor vehicles
under the terms of the Code.
In administering the Code, the ASB is to give
relevant advertisers the opportunity to present
such evidence as they deem appropriate in defence
of an advertisement under review, prior to making
any determination in relation to its consistency, or
otherwise, with the provisions of the Code.
The ASB will ensure that all complaints are
considered in a timely fashion. As a general rule
the panel should finalise its determination within
one calendar month of a complaint having been
received. Where necessary the ASB may be
required to meet more frequently to ensure the
timely consideration of complaints.
The ASB will arrange prompt publication of the
reasons for all decisions on its website. An annual
report on the outcomes of the complaint process
will be compiled and published.
Companies may also seek an opinion, from
the ASB, on whether the content of a planned
advertisement meets the Code, prior to
finalisation and release of the advertisement.
FCAI and ASB will work to increase public
awareness of the Code and the complaints process.

Review of Operations 2013

Consultation
In developing the Code, FCAI has undertaken
an extensive process of consultation with a wide
range of stakeholders, including representatives of
the following:
(a) e Federal Government and its agencies
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(including the Australian Transport Safety
Bureau);
(b) elevant State and Territory Government
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authorities;
(c) e National Road Safety Strategy Panel
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(which comprises representatives of police
services, road safety authorities, motoring
organisations and industry groups);
(d) e Australian Automobile Association;
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(e) e Australian Association of National
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Advertisers; and
(f ) e Advertising Standards Bureau Limited.
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1. Definitions
In this Code, the following definitions apply:
(a) dvertisement: means matter which is
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published or broadcast in all of Australia,
or in a substantial section of Australia, for
payment or other valuable consideration and
which draws the attention of the public, or
a segment of it, to a product, service, person,
organisation or line of conduct in a manner
calculated to promote or oppose directly
or indirectly that product, service, person,
organisation or line of conduct.
(b) ff-road vehicle: means a passenger vehicle
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having up to 9 seating positions including
that of the driver having been designed
with special features for off-road operation,
consistent with the requirements of the
definition for such a vehicle as provided in
the Australian Design Rules (MC category).

An off‑road vehicle will normally have 4
wheel drive.
(c) otor sport: means racing, rallying, or
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other competitive activities involving motor
vehicles of a type for which a permit would
normally be available under the National
Competition Rules of the Confederation of
Australian Motor Sport, or other recognised
organising body.
(d) otor vehicle: means passenger vehicle;
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motorcycle; light commercial vehicle and off
road vehicle.
(e) oad: means an area that is open to or used
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by the public and is developed for, or has as
one of its main uses, the driving or riding of
motor vehicles.
(f ) oad-related area: means an area that divides
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a road; a footpath or nature strip adjacent to a
road; an area that is not a road and is open to
the public and designated for use by cyclists
or animals; an area that is not a road and that
is open to or used by the public for driving,
riding or parking motor vehicles.

2. General Provisions
Advertisers should ensure that advertisements
for motor vehicles do not portray any of the
following:
(a) nsafe driving, including reckless and
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menacing driving that would breach any
Commonwealth law or the law of any State
or Territory in the relevant jurisdiction in
which the advertisement is published or
broadcast dealing with road safety or traffic
regulation, if such driving were to occur on a
road or road‑related area, regardless of where
the driving is depicted in the advertisement.
(b) [Examples: Vehicles travelling at excessive
speed; sudden, extreme and unnecessary
changes in direction and speed of a motor

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