South Australian Current Acts South Australian Current Acts125—Prohibition of canvassing near polling booths
(1) When a polling
booth is open for polling, a person must not—
(a)
canvass for votes; or
(b)
solicit the vote of any elector; or
(c)
induce an elector not to vote for a particular candidate; or
(d)
induce an elector not to vote at the election; or
(e)
exhibit a notice or sign (other than an official notice) relating to the
election,
at an entrance of, or within, the polling booth, or in any public or private
place within 6 metres, or such lesser distance as may be fixed in a particular
case by the presiding officer, of an entrance to the booth.
Maximum penalty: $750.
(1a) Notwithstanding
any other provision in this Act, but without limiting subsection (1)(e)
and 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 with the consent of a candidate for
election as the member returned for a district; and
(ii)
no more than 12 electoral advertising posters are
exhibited by or with the consent 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—
(A) in the case of a group of
candidates—by a member of the group or with the consent of the member of
the group whose name on the ballot paper is at the top of the group; or
(B) in the case of any other
candidate—by or with the consent of the candidate; and
(ii)
—
(A) in the case of a group of
candidates—no more than 12 electoral advertising posters are
exhibited by a member of the group or with the consent of the member of the
group whose name on the ballot paper is at the top 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 12 electoral advertising posters are
exhibited by or with the consent 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 exhibited by or with the consent of a candidate
contravenes subsection (1a) or (1b), the candidate is guilty of an
offence.
Maximum penalty: $5 000.
(1d) If an
electoral advertising poster exhibited by a member of a group or with the
consent of the member of the group whose name on the ballot paper is at the
top of the group contravenes subsection (1a) or (1b), the member
whose name on the ballot paper is at the top of the group is guilty of an
offence.
Maximum penalty: $5 000.
(1e) If an
electoral advertising poster is exhibited within 50 metres of an entrance
to a polling booth open for polling without the consent of a candidate or
group required under subsection (1a), the person who authorised the
exhibition of the poster is guilty of an offence.
Maximum penalty: $5 000.
(1f) Despite
subsections (1c) to (1e), if the Electoral Commissioner is satisfied
that a person has contravened subsection (1c), (1d) or (1e),
the Electoral Commissioner may give the person a written formal caution
against further such contraventions.
(1g) Subject to
subsection (1h), if the Electoral Commissioner gives a person a written
formal caution under subsection (1f), no further proceedings may be taken
against the person for the contravention in relation to which the person was
cautioned.
Note—
The presiding officer at a polling booth may (under subsection (1i))
direct or cause the removal of an electoral advertising poster exhibited in
contravention of this section (whether a written formal caution is given in
relation to the contravention or otherwise).
(1h) If, in relation
to an electoral advertising poster exhibited in contravention of
subsection (1c), (1d) or (1e)—
(a) a
person given a direction by a presiding officer under subsection (1i) to
remove the poster fails to comply with a direction; and
(b) the
person is also given a written formal caution under subsection (1f) in
respect of the contravention; and
(c) the
failure to comply with the direction continues after the person is given the
written formal caution,
nothing prevents criminal or civil proceedings from being taken against the
person in relation to the contravention.
(1i) 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 with the consent 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 with the consent 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.
(1j) 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.
(1k)
Section 115(2a) does not apply to the exhibition of an electoral
advertising poster on a public road or road-related area (including any
structure, fixture or vegetation on a public road or road-related area) in
accordance with subsection (1a) and (1b).
(2) If—
(a) a
building used as a polling booth is situated in grounds within an enclosure;
and
(b) the
appropriate district returning officer causes to be displayed throughout the
hours of polling at each entrance to those grounds a signed notice stating
that those grounds are, for the purposes of subsections (1)
and (1a), part of the polling booth,
those grounds are, for the purposes of those subsections, to be taken to be
part of the polling booth.
(3) The reference in
subsections (1) and (1a) to a polling booth that is open for polling
extends to—
(a) a
declared institution at which votes are being taken by an electoral visitor;
(b) any
other place where voting papers are issued.
(4) In this
section—
"electoral advertising poster", "public road" and
"road-related area" have the same respective meanings as they have in
section 115.