New South Wales Repealed Acts

This legislation has been repealed.

PARLIAMENTARY ELECTORATES AND ELECTIONS ACT 1912 - SECT 151B

151B Exhibition of posters

(1) Posters at polling place A person must not, at any time on the day of polling for an election, display or cause to be displayed any poster of any size:

(a) within a polling place, or

(b) within 6 metres of an entrance to a polling place, or

(c) on the exterior of a building used as a polling place.

Maximum penalty: 3 penalty units.

(2) Posters in grounds of enclosure of polling place Without limiting subsection (1), a person must not, at any time on the day of polling for an election, display or cause to be displayed any poster exceeding 8,000 square centimetres in area within the grounds of an enclosure in which a building used for polling is situated.

Maximum penalty: 3 penalty units.

(2AA) Posters on boundary of enclosure of polling place A person must not, at any time on the day of polling for an election, display or cause to be displayed any poster exceeding 8,000 square centimetres in area on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for polling is situated.

Maximum penalty: 3 penalty units.

(2A) A person shall not post up, or permit or cause to be posted up, a poster:

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

(i) the Crown, any instrumentality or agency of the Crown, or any statutory body representing the Crown or any other body prescribed by the regulations as a statutory body representing the Crown, or

(ii) any local authority, or

(b) in the case of premises which have no one in occupation, on or within those premises, unless that person has obtained:

(i) in the case of premises owned by one person alone, the permission in writing of that person, or

(ii) in the case of premises owned by two or more persons, whether as joint tenants or as tenants in common or otherwise, the permission in writing of at least one of those persons.

(3) Nothing in this section shall prohibit:

(a) the posting up, exhibiting, writing, drawing or depicting of a sign on or at the office or committee room of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party, and specifying the name of the candidate, or the names of the candidates, or the name of the party concerned,

(b) the projection by means of any cinematograph or other similar apparatus of any electoral matter on to any screen in any theatre or public hall the subject of a development consent in force under the Environmental Planning and Assessment Act 1979 in relation to its use as a place of public entertainment,

(c) the posting up, exhibiting, writing, drawing or depicting of any poster within a hall or room that is being or is about to be used for a meeting held by or on behalf of a candidate in connection with an election, or

(d) the posting up or exhibition of any poster on or at the electoral office of any member.

(4) Subsection (2A) (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 polling is situated, or

(b) within the grounds of an enclosure in which a building used for polling 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 polling for an election.

(5) Any person who writes, draws or depicts any electoral matter directly on any roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water) shall be liable to a penalty not exceeding 3 penalty units.

(6) In this section:

"electoral matter" means any matter which is intended or calculated or likely to affect or is capable of affecting the result of any election held or to be held under this Act or of any referendum of the electors held or to be held in accordance with the provisions of any Act or which is intended or calculated or likely to influence or is capable of influencing an elector in relation to the casting of his or her vote at any such election or referendum.

"electoral matter" also includes the name of a candidate at any election, the name of the party of any such candidate, the name or address of the committee rooms of any such candidate or party, the photograph of any such candidate, and any drawing or printed matter which purports to depict any such candidate or to be a likeness or representation of any such candidate.

"local authority" means a council or a county council within the meaning of the Local Government Act 1993 .

"poster" means any electoral matter printed, drawn or depicted on any material whatsoever and where any electoral matter is printed, drawn or depicted in sections, such sections, both severally and collectively, shall be deemed to be a poster.

"premises" includes any structure, building, vehicle or vessel or any place, whether built on or not, and any part thereof.

(7) Where premises referred to in paragraph (b) of subsection (2A) are subject to a lease for a term of six months or more, the reference in that paragraph to the owner of the premises shall be read as a reference to the lessee of the premises.

(8) Extension of poster offence provisions to pre-poll voting places For the purposes of subsection (1):

(a) a reference to a polling place is taken to include a reference to a pre-poll voting place, and

(b) in relation to such a pre-poll voting place, a reference to "at any time on the day of polling for an election" is taken to be a reference to "during the hours appointed for that place under section 114P".