Illegal Advertising - vehicle or other article

It is illegal to place a vehicle or article on a public road or in a public place for the purposes of advertising without prior approval from council.  This also includes the advertising of a vehicle for sale.  A person who fails to obtain approval from the council or who carries out an activity not in accordance with an approval is committing an offence and may be issued with a penalty notice.

Activities that require approval from local council are as stipulated in the Local Government Act 1993,

Report:Vehicles advertising on public roads

Report:Illegal Parking

Report:Abandoned vehicles

Exposure of a vehicle (or other article)

The Local Government Act 1993 / Section 68 / Part E (2) & Part F (7) states:

A person may carry out an activity specified in the following Table ONLY WITH PRIOR APPROVAL of the council. 

The following is an extract from the 'Table':

  • Part E (2)  - Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road
  • Part F (7) - Use a standing vehicle or any article for the purpose of selling any article in a public place.'

A person who fails to obtain approval from the council or who carries out an activity not in accordance with an approval is committing an offence and may be issued with a penalty notice under Section 626 and 627 of the Local Government Act 1993.

The Act defines a 'public road' as:

  • (a) a road which the public are entitled to use'

The Act defines a 'public place' as:

  • (a) a public reserve, public bathing reserve, public baths or public swimming pool, or
  • (b) a public road, public bridge, public wharf or public road-ferry, or
  • (c) a Crown reserve comprising land reserved for future public requirements, or
  • (d) public land or Crown land that is not:

(i) a Crown reserve (other than a Crown reserve that is a public place because of paragraph (a), (b) or (c)), or

(ii) a common, or

(iii) land subject to the Trustees of Schools of Arts Enabling Act 1902 , or

(iv) land that has been sold or leased or lawfully contracted to be sold or leased, or

  • (e) land that is declared by the regulations to be a public place for the purposes of this definition.

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