South Australian Numbered Acts

ELECTORAL (MISCELLANEOUS) AMENDMENT ACT 2024 (NO 67 OF 2024) - SECT 37

37—Amendment of section 130I—Termination of appointment of agent

Section 130I(2)—delete "signed" and substitute:

endorsed, in a manner determined by the Electoral Commissioner,

"Schedule 1—Related amendments to "" Local Government Act 1999"

1—Amendment of section 226—Moveable signs

        (1)         Section 226(3)(c)—after "Commonwealth election" insert:

, is not prohibited from exhibition under section 226A

        (2)         Section 226(3)(caa)—delete paragraph (caa) and substitute:

            (caa)         the sign relates to a State election, is exhibited during the election period for the election and—

                  (i)         is an electoral advertising poster that is not prohibited from exhibition under section 115(2a) of the Electoral Act 1985

(or is a poster within the ambit of section 115(2b) of that Act or exhibited in accordance with section 125(1a) and (1b) of that Act); or

                  (ii)         is identical to a sign approved by the Electoral Commissioner for exhibition during that period for the purpose of notifying electors of the election; or

        (3)         Section 226—after subsection (3) insert:

        (3a)         The Electoral Commissioner—

            (a)         may only approve a sign under subsection (3)(caa)(ii) if the sign contains white text on a black background and is in accordance with any other requirements of the regulations; and

            (b)         must publish a copy of a sign approved under subsection (3)(caa)(ii) on a website maintained by the Electoral Commissioner.

2—Insertion of section 226A

After section 226 insert:

226A—Control of electoral advertising posters for Commonwealth elections

        (1)         A person must not exhibit a designated electoral advertising poster on a relevant road or road-related area (including any structure, fixture or vegetation on a relevant road or road-related area).

        (2)         Subsection (1)

does not apply to the exhibition of—

            (a)         a designated electoral advertising poster by a person holding the poster (either directly in their hands or by holding an implement or device to which the poster is attached); or

            (b)         a designated electoral advertising poster that—

                  (i)         is not attached to a building, hoarding or other structure or fixture on a relevant road or road related area; and

                  (ii)         is exhibited at, or in the vicinity of, a place at which a designated event or activity is being held; and

                  (iii)         is exhibited immediately before, during or immediately after the designated event or activity, provided that the electoral advertising poster is not exhibited at, or in the vicinity of, the place for more than 6 hours.

        (3)         In this section—

"Commonwealth election" means an election held under the Commonwealth Electoral Act 1918 ;

"designated electoral advertising poster" means a poster, notice or sign containing matter calculated to affect the result of a Commonwealth election;

"designated event or activity" means—

            (a)         an assembly within the meaning of the Public Assemblies Act 1972

; or

            (b)         an organised gathering, meeting, function or event relating to a Commonwealth election; or

            (c)         a person canvassing for votes relating to a Commonwealth election; or

            (d)         any other gathering, meeting, function or event, or class of gathering, meeting, function or event, prescribed by the regulations;

"relevant road" means a public road within the meaning of the Road Traffic Act 1961

;

"road-related area" has the same meaning as in the Road Traffic Act 1961

.