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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Electoral (Ban on Corflutes) Amendment
Bill 2021
A BILL FOR
An Act to amend the
Electoral
Act 1985
and to make a related amendment to the
Local
Government Act 1999
.
Contents
Part 2—Amendment of Electoral
Act 1985
3Amendment of section 115—Limitations on
display of electoral advertisements
4Amendment of section 125—Prohibition of
canvassing near polling booths
Schedule 1—Related amendment to Local
Government Act 1999
1Amendment of section 226—Moveable
signs
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Electoral (Ban on Corflutes) Amendment
Act 2021.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Electoral
Act 1985
3—Amendment
of section 115—Limitations on display of electoral
advertisements
(1) Section 115—after subsection (2) insert:
(2a) A person must
not exhibit an electoral advertising poster on a public road (including any
structure, fixture or vegetation on a public road), except in circumstances
prescribed by the regulations.
Maximum penalty: $5 000.
(2) Section 115(3)—delete "This section" and substitute:
Subsection (1)
(3) Section 115—after subsection (3) insert:
(4) In this section—
electoral advertising poster means a poster displaying
electoral advertising made of—
(a) corflute; or
(b) plastic; or
(c) any other material, or kind of material, prescribed by the
regulations;
public road means a road within the meaning of the
Road
Traffic Act 1961
.
4—Amendment
of section 125—Prohibition of canvassing near polling
booths
(1) Section 125—after subsection (1) insert:
(1a) Without
limiting subsection (1)(e) but subject to
subsection (1b)
, the following provisions apply to the exhibition of electoral advertising
posters within 50 metres of an entrance to a polling booth open for
polling:
(a) in relation to a House of Assembly election—an electoral
advertising poster may only be exhibited within 50 metres of an entrance to
a polling booth for a district open for polling if—
(i) it is exhibited by or on behalf of a candidate for election as the
member returned for a district; and
(ii) no more than 6 electoral advertising posters are exhibited by or
on behalf of the candidate within 50 metres of an entrance to the polling
booth;
(b) in relation to a Legislative Council election—an electoral
advertising poster may only be exhibited within 50 metres of an entrance to
a polling booth open for polling if—
(i) it is exhibited by or on behalf of a candidate or group of candidates
for election to the Legislative Council; and
(ii) —
(A) in the case of a group of candidates—no more than
6 electoral advertising posters are exhibited by or on behalf of the group
within 50 metres of an entrance to the polling booth; or
(B) in the case of any other candidate—no more than 6 electoral
advertising posters are exhibited by or on behalf of the candidate within
50 metres of an entrance to the polling booth.
(1b) An electoral
advertising poster exhibited under
subsection (1a)
must comply with any requirements prescribed by the regulations.
(1c) If an electoral advertising poster is exhibited by or on behalf of a
candidate in contravention of
subsection (1a)
or
(1b)
, the candidate is guilty of an offence.
Maximum penalty: $5 000.
(1d) If an electoral advertising poster is exhibited by or on behalf of a
group in contravention of
subsection (1a)
or
(1b)
, the candidate whose name on the ballot paper is at the top of the group
is guilty of an offence.
Maximum penalty: $5 000.
(1e) A person who, within 50 metres of an entrance to a polling booth
open for polling, exhibits an electoral advertising poster that is not exhibited
by or on behalf of a candidate or group in accordance with
subsection (1a)
is guilty of an offence.
Maximum penalty: $5 000.
(1f) If the presiding officer at a polling booth is satisfied that an
electoral advertising poster is exhibited in contravention of this section, the
presiding officer may direct any of the following persons to remove the poster
or cause it to be removed within a period specified by the presiding officer
(which must be reasonable):
(a) the person who exhibited the poster;
(b) in the case of a poster exhibited by or on behalf of—
(i) a candidate endorsed by a registered political party—the
candidate or the registered officer of the party; or
(ii) any other candidate—the candidate;
(c) in the case of a poster exhibited by or on behalf of—
(i) a group endorsed by a registered political party—a member of the
group or the registered officer of the party; or
(ii) any other group—a member of the group;
(d) any other person the presiding officer considers appropriate to be
directed to remove the poster.
(1g) If a direction of a presiding officer is not complied with within the
specified period of time, the presiding officer may cause the electoral
advertising poster to which the direction relates to be removed.
(1h) Section 115(2a) does not apply to the exhibition of an electoral
advertising poster on a public road (including any structure, fixture or
vegetation on a public road) in accordance with
subsection (1a)
and
(1b)
.
(2) Section 125(2)(b)—delete "subsection (1)" and
substitute:
subsections (1) and (1a)
(3) Section 125(2)—delete "that subsection" and
substitute:
those subsections
(4) Section 125(3)—delete "subsection (1)" and substitute:
subsections (1) and (1a)
(5) Section 125—after subsection (3) insert:
(4) In this section—
electoral advertising poster has the same meaning as in
section 115.
Schedule 1—Related
amendment to Local Government
Act 1999
1—Amendment
of section 226—Moveable signs
(1) Section 226(3)(c)—delete "State or"
(2) Section 226(3)—after paragraph (c) insert:
(caa) the sign relates to a State election, is an electoral advertising
poster that is authorised to be exhibited under section 115(2a) of the
Electoral
Act 1985
(or is a poster exhibited in accordance with section 125(1a) and (1b)
of that Act) and is displayed during an election period under that Act;
or