New South Wales Consolidated Acts

ELECTORAL ACT 2017 - SECT 204

204 Removal and confiscation of posters and other electoral material

(1) Directions to remove posters and other electoral material The Electoral Commissioner or any voting centre manager, or any other election official authorised by the Electoral Commissioner or a voting centre manager may direct a person representing a party, group or candidate at a voting centre to remove, or cause to be removed--

(a) any poster displayed at the voting centre by the party, group or candidate in contravention of Subdivision 3, 4 or 5, or

(b) any electoral material that is apparently available for distribution at the voting centre by the party, group or candidate in contravention of Subdivision 5.

(2) A person must not, without reasonable excuse, contravene any such direction.

Maximum penalty (subsection (2)): 20 penalty units.

(3) Confiscation by election officials The Electoral Commissioner or any voting centre manager, or any other election official authorised by the Electoral Commissioner or a voting centre manager, may remove and confiscate, or cause to be removed and confiscated--

(a) any poster displayed in contravention of Subdivision 4 or 5, or

(b) any electoral material that is apparently available for distribution in contravention of Subdivision 5.

(4) Confiscation by Electoral Commissioner and police The Electoral Commissioner or any police officer may remove and confiscate, or cause to be removed and confiscated--

(a) any poster displayed in contravention of Subdivision 3, 4 or 5, or

(b) any electoral material that is apparently available for distribution in contravention of Subdivision 5.

(5) Use of force A police officer may use reasonable force for the purposes of this section. This section does not authorise any other person to use force.

(6) Confiscated material to be destroyed Confiscated electoral material must be destroyed without undue delay, but destruction may be delayed if the material is or may reasonably be required for evidentiary purposes.