Advertising Standards Bureau Review of Operations 2014 - 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. FCAI and ASB will work to increase public awareness of the Code and the complaints process. Compliance and Administration (a) e Federal Government and its agencies Th (including the Australian Transport Safety Bureau); 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. Review of Operations 2014 Consultation In developing the Code, FCAI has undertaken an extensive process of consultation with a wide range of stakeholders, including representatives of the following: (b) elevant State and Territory Government R authorities; (c) e National Road Safety Strategy Panel Th (which comprises representatives of police services, road safety authorities, motoring organisations and industry groups); (d) e Australian Automobile Association; Th (e) e Australian Association of National Th Advertisers; and (f ) e Advertising Standards Bureau Limited. Th 1. Definitions In this Code, the following definitions apply: (a) dvertisement: means matter which is A 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 O having up to 9 seating positions including that of the driver having been designed wit h 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 M 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; M motorcycle; light commercial vehicle and off road vehicle. (e) oad: means an area that is open to or used R 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 R 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 U 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 103