Parliamentary Elections Act 1954 · 2020 Revised Edition · Part 3 · Elections
61I. Permissible locations for traditional election advertising display
Feedback & supportLast amended by an amending law of 2023.
A person commits an offence if —
the person publicly displays, or causes to be publicly displayed, any traditional election advertising in an electoral division during the campaign period relating to an election in the electoral division;
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;
the traditional election advertising relates to the election in the electoral division;
the traditional election advertising is publicly displayed in a place which is not a permissible location; and
the person knows or has reason to believe that the place is not a permissible location.
For the purposes of subsection (1)(d) and (e), a permissible location is any premises, or any conveyance, thing or structure, prescribed in the election advertising regulations as a permissible location for the purpose of this section.
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;
In proceedings for an offence under subsection (1), 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 (1)(c).
Any person who is guilty of an offence under subsection (1) 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.
To avoid doubt, this section does not entitle any person to display any traditional election advertising on any premises, conveyance, thing or structure —
without the consent of the owner of the premises, conveyance, thing or structure;
without a licence, permit or other like approval required by or under any other written law; or
in a manner or in circumstances as to cause a serious and imminent risk of damaging other property or injuring another individual or an animal if the traditional election advertising does fall.