New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 184

184 Display of posters

(1) A person must not, during the regulated period, publicly display or permit or cause to be publicly displayed, a poster containing or consisting of electoral material that contravenes Subdivision 2.

: Maximum penalty--

(a) in the case of a corporation--100 penalty units, or

(b) in any other case--20 penalty units or imprisonment for 6 months, or both.

(2) A person must not, during the regulated period, display or permit or cause to be displayed a poster--

(a) on or within any premises occupied or used by, or under the control or management of--

(i) the Crown or a NSW Government agency, or

(ii) any council or county council, or

(b) on or within any other premises, unless the person--

(i) was the owner or a joint owner of the premises, or

(ii) performed the act concerned with the permission in writing of the owner or a joint owner of the premises.

: Maximum penalty--

(a) in the case of a corporation--12.5 penalty units, or

(b) in any other case--2.5 penalty units.

(3) Subsection (2) (a) does not apply in relation to a poster--

(a) on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for voting is situated, or

(b) within the grounds of an enclosure in which a building used for voting is situated, or

(c) on a vehicle on a road or road related area (within the meaning of section 4 (1) of the Road Transport Act 2013 ), or

(d) fixed or attached to a table or stall on a footpath or other public place at any time on the day of voting for an election.

Note : The display of election posters also constitutes development for the purposes of the Environmental Planning and Assessment Act 1979 . Subdivision 13 (Election signs) of Division 2 of Part 2 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 provides that the display of election posters is exempt development, subject to conditions, during the period commencing 5 weeks before and ending 1 week after the election day concerned.