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ELECTORAL ACT 2002 - SECT 158A

Exhibit of notice or sign within 100 metres of entrance to voting centre

S. 158A(1) amended by No. 13/2022 s. 26(1).

    (1)     Subject to section 158, this section applies during the hours of voting in respect of a voting centre—

        (a)     within 100 metres of any designated entrance to the voting centre; or

        (b)     if any entrance to the grounds of the voting centre is designated under subsection (3), within 100 metres of any designated entrance to the grounds in which the voting centre is situated—

but excluding any prescribed exempted premises, any premises used as a private residence that is located within 100 metres of any designated entrance to the voting centre or any designated entrance to the grounds in which the voting centre is situated.

S. 158A(2) amended by No. 13/2022 s. 26(2).

    (2)     While this section applies, a person must not exhibit any notice or sign (other than an official notice) in relation to the election except as provided in subsections (3), (3A) and (3B).

Penalty:     5 penalty units.

Note

Section 179A applies to an offence against this subsection.

S. 158A(3) amended by No. 13/2022 s. 26(3).

    (3)     Subject to subsection (3A), a candidate may display 2 signs not exceeding—

        (a)     600 millimetres by 900 millimetres; or

        (b)     if another size is prescribed by the regulations, the prescribed size—

at each designated entrance to the grounds in which the voting centre is situated.

S. 158A(3A) inserted by No. 13/2022 s. 26(4).

    (3A)     If a registered political party has endorsed 2 or more candidates for the Council in an election, no more than 2 signs in total may be displayed by those candidates not exceeding—

        (a)     600 millimetres by 900 millimetres; or

        (b)     if another size is prescribed by the regulations, the prescribed size—

at each designated entrance to the grounds in which the voting centre is situated.

S. 158A(3B) inserted by No. 13/2022 s. 26(4).

    (3B)     In addition to subsections (3) and (3A), a registered political party may display no more than 2 signs not exceeding—

        (a)     600 millimetres by 900 millimetres; or

        (b)     if another size is prescribed by the regulations, the prescribed size—

at each designated entrance to the grounds in which the voting centre is situated.

S. 158A(3C) inserted by No. 13/2022 s. 26(4).

    (3C)     A person must not display a mobile billboard within 100 metres of a designated entrance to the grounds in which the voting centre is situated.

    (4)     Subsection (2) does not apply to—

        (a)     a car sticker, an item of clothing (when worn), lapel button, lapel badge, fridge magnet, pen or pencil; or

        (b)     any other thing or item or class of thing or item prescribed by the regulations.

    (5)     For the purposes of this section, "designated entrance" means—

        (a)     an entrance or entrances to a voting centre; or

        (b)     an entrance or entrances to the grounds in which the voting centre is located—

designated by the Commission for the purposes of this section.

    (6)     An election manager or election official may remove, or cause to be removed, any notice or sign that the election manager or election official reasonably considers is being exhibited in contravention of subsection (2).

S. 158A(7) inserted by No. 13/2022 s. 26(5).

    (7)     Each registered political party and candidate who is not endorsed by a registered political party, by written notice to the Commission, must nominate a designated person who is responsible for any notices or signs displayed by the party or candidate (as the case may be) at the designated entrance.

S. 158A(8) inserted by No. 13/2022 s. 26(5).

    (8)     A notice under subsection (7) must—

        (a)     specify the contact details of the designated person; and

        (b)     be given to the Commission—

              (i)     in the case of a registered political party, before noon of the day before the final nomination day; or

              (ii)     in the case of a candidate who is not endorsed by a registered political party, before noon on the final nomination day.



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