LOCAL GOVERNMENT ACT 2009 - SECT 90D Prohibition on election material in caretaker period

LOCAL GOVERNMENT ACT 2009 - SECT 90D

90D Prohibition on election material in caretaker period

(1) A local government or a controlled entity of a local government must not, during a caretaker period for the local government, publish or distribute election material.

(2)
"Election material" is anything able to, or intended to—

(a) influence an elector about voting at an election; or

(b) affect the result of an election.

Examples—

a fact sheet or newsletter that raises the profile of a councillor

(3) The prohibition under subsection (1) does not apply to making a how-to-vote card available under the Local Government Electoral Act 2011 , section 179 (6) .

(4) In this section—


"control" means the capacity of an entity to dominate decision-making, directly or indirectly, in relation to the financial and operating policies of another entity so as to enable the other entity to operate with the first entity in pursuing the first entity’s objectives.


"controlled entity" , of a local government, means an entity subject to the control of either or both of the following—

(a) the local government;

(b) another entity subject to the control of the local government.