Parliamentary Elections Act 1954 · 2020 Revised Edition · Part 3 · Elections
61G. Traditional election advertising in campaign period
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This section and sections 61H, 61I and 61J apply only —
to traditional election advertising; and
during the campaign period of an election in an electoral division.
A person commits an offence if —
the person publicly displays, or causes to be publicly displayed, in an electoral division during the campaign period of an election in the electoral division, any traditional election advertising;
the person is, or is doing so on behalf of —
an individual who is a candidate at the election in the electoral division; or
a political party with one or more candidates at the election in the electoral division; and
the traditional election advertising relates to the election in the electoral division.
In proceedings for an offence under subsection (2), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the content publicly displayed is traditional election advertising as described in subsection (2)(c).
election advertising
“election advertising” means any poster, banner, notice, circular, handbill, illustration, article, advertisement or other material that can reasonably be regarded as intended —(a)to promote or procure the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or(b)to otherwise enhance the standing of any such political parties, candidates or groups of candidates with the electorate in connection with any election,and such material is election advertising even though it can reasonably be regarded as intended to achieve any other purpose as well and even though it does not expressly mention the name of any political party or candidate, but excludes any button, badge, pen, pencil, balloon and any other thing prescribed by the Minister by notification in the Gazette;
Any person who is guilty of an offence under subsection (2) shall be liable on conviction by a District Court to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both.
However, subsection (2) does not apply to or in relation to any of the following:
the public display of any traditional election advertising under the authority of a permit granted by the Returning Officer;
the public display of any traditional election advertising within or on an exterior wall or exterior window of the office or committee room of a candidate or group of candidates provided that the traditional election advertising —
consists only of permissible electoral matter; and
is solely for the purpose of indicating that the office or room is the office or committee room of the candidate or group;
the public display of any traditional election advertising —
on an exterior wall or exterior window of any building or part of a building occupied by a political party as its office;
on an exterior wall or exterior window of any building partly occupied by a political party as its office; or
if a building mentioned in sub-paragraph (i) or (ii) is located in any grounds, on any outer wall, fence or other structure or feature to mark the boundary of those grounds,provided that the traditional election advertising contains only the name or symbol, or both, of the political party concerned and is solely for the purpose of indicating that the office of the political party is or is within the building;
the public display of any traditional election advertising within a hall or room that is being or is about to be used for an election meeting;
any public display of traditional election advertising in other circumstances prescribed by the election advertising regulations as excluded from subsection (2).