ELECTORAL ACT 1985 - SECT 115

ELECTORAL ACT 1985 - SECT 115

115—Limitations on display of electoral advertisements

        (1)         A person must not exhibit an electoral advertisement on—

            (a)         a vehicle or vessel; or

            (b)         a building, hoarding or other structure,

if the advertisement occupies an area in excess of 1 square metre.

Maximum penalty: $5 000.

        (2)         For the purposes of subsection (1), electoral advertisements—

            (a)         that are apparently exhibited by or on behalf of the same candidate or political party; and

            (b)         that are at their nearest points within 1 metre of each other,

will be taken to form a single advertisement.

        (2a)         A person must not exhibit an electoral advertising poster on a public road or road-related area (including any structure, fixture or vegetation on a public road or road-related area).

Maximum penalty: $5 000.

        (2b)         Subsection (2a) does not apply to the exhibition of—

            (a)         an electoral advertising poster by a person holding the electoral advertising poster (either directly in their hands or by holding an implement or device to which the poster is attached); or

            (b)         an electoral advertising poster that—

                  (i)         is not attached to a building, hoarding or other structure or fixture on a public road or road related area; and

                  (ii)         is exhibited at, or in the vicinity of, a place at which a designated event or activity is being held; and

                  (iii)         is exhibited immediately before, during or immediately after the designated event or activity, provided that the electoral advertising poster is not exhibited at, or in the vicinity of, the place for more than 6 hours; or

            (c)         an electoral advertising poster—

                  (i)         of a kind prescribed by regulation; or

                  (ii)         in circumstances prescribed by regulation.

        (3)         Subsection (1) does not apply to—

            (a)         the exhibition of an advertisement in a theatre (including a drive-in theatre) by means of a cinematograph; or

            (b)         the exhibition of the name of a candidate or the name of a political party (or both) at or near an office or room, where—

                  (i)         the name is so exhibited in order to indicate that the office or room is an office or committee room of that candidate or political party; and

                  (ii)         the place of exhibition is more than 100 metres from the entrance to a polling booth; or

            (c)         the exhibition of an advertisement of a prescribed kind or the exhibition of an advertisement in circumstances of a prescribed kind.

        (4)         In this section—

"designated event or activity" means—

            (a)         an assembly within the meaning of the Public Assemblies Act 1972 ; or

            (b)         an organised gathering, meeting, function or event relating to an election; or

            (c)         a person canvassing for votes relating to an election; or

            (d)         any other gathering, meeting, function or event, or class of gathering, meeting, function or event, prescribed by the regulations;

"electoral advertising poster" means a poster, notice or sign displaying an electoral advertisement;

"public road" means a road within the meaning of the Road Traffic Act 1961 ;

"road-related area" has the same meaning as in the Road Traffic Act 1961 .