Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ELECTORAL ACT 2004 - SECT 274

Exemptions for distribution of electoral articles

    (1)     Section 273(1) does not apply to electoral matter on any of the following items unless the item includes a representation of a ballot paper:

        (a)     a letter from an MLA that includes the name of the MLA and an indication that the person is an MLA;

        (b)     a press release published by or for an MLA that includes the name of the MLA and an indication that the person is an MLA;

        (c)     an annual report required under an Act or another publication of an Agency;

        (d)     a business or visiting card that promotes the candidacy of a person in an election.

    (2)     In this section:

"publication", of an Agency, does not include a publication that is published for the first time within 6 months immediately before a general election if the publication includes a picture of an MLA.

275     Campaigning activities near voting centres

    (1)     Subject to section 275B, a person must not engage in a campaigning activity during voting hours:

        (a)     within 100 metres of the entrance of an election day voting centre, including airspace; or

        (b)     if an alternate prohibition zone has been designated for the election day voting centre – within the alternate prohibition zone.

Maximum penalty:     20 penalty units.

    (2)     Subject to section 275B, a person must not engage in a campaigning activity at any time during the election period other than during voting hours:

        (a)     within 10 metres of the entrance of an early voting centre; or

        (b)     if an alternate prohibition zone has been designated for the early voting centre – within the alternate prohibition zone.

Maximum penalty:     20 penalty units.

    (2A)     Despite subsection (2), if an election day voting centre is situated on grounds within an enclosure, the boundaries of the alternate prohibition zone must be the boundaries of the enclosure.

    (3)     Subject to section 275B, a person must not engage in a campaigning activity during the election period:

        (a)     within 10 metres of the entrance of a mobile voting centre; or

        (b)     if an alternate prohibition zone has been designated for the mobile voting centre – within the alternate prohibition zone.

Maximum penalty:     20 penalty units.

    (4)     A person must not engage in a campaigning activity by using a loud speaker, public address system or any other tool to enhance the volume of a sound to broadcast matter that is audible:

        (a)     within 100 metres of the entrance of an election day voting centre or a mobile voting centre during voting hours; or

        (b)     within 10 metres of the entrance of an early voting centre or a mobile voting centre at any time during the election period other than during voting hours on election day; or

        (c)     if an alternate prohibition zone has been designated for a voting centre – within the alternate prohibition zone.

Maximum penalty:     20 penalty units

275A     Alternate prohibition zone

    (1)     The Commission may designate an alternate prohibition zone for a voting centre.

    (2)     The boundaries of the alternate prohibition zone must be between 10 and 100 metres of the voting centre.

    (3)     Subject to subsection (4), the Commission must give written notice of the alternate prohibition zone to each candidate in the relevant division as soon as practicable after it is designated.

    (4)     If the alternate prohibition zone is designated on a day that a vote will be cast at the voting centre, the Commission must give notice to each candidate in the relevant division and the notice must be reasonable and practicable in the circumstances.

275B     Designated campaign areas

    (1)     The Commission may designate an area to be a designated campaign area in a place where campaigning activity is prohibited under section 275 or 275A.

    (2)     A person may engage in the following conduct in a designated campaign area:

        (a)     canvass for votes;

        (b)     solicit the vote of a person;

        (c)     hand out how-to-vote cards.

    (3)     A designated campaign area must be:

        (a)     large enough to allow up to 3 campaigners for each candidate registered in the relevant division; and

        (b)     accessible to voters; and

        (c)     avoidable by voters who do not wish to engage with campaigners.

    (4)     The Commission must give written notice of the designated campaign area to each candidate in the relevant division as soon as practicable after it is designated.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback