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Supplementary provisions for removal and confiscation of traditional election advertising

Parliamentary Elections (Election Advertising) Regulations 2024

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—(1) Paragraphs (2) and (3) apply if the Returning Officer exercises the Returning Officer’s power under section 61O(3) of the Act to remove or cause to be removed, or stop any public display of, one or more traditional election advertisements.(2) A sum of $50 for every traditional election advertisement that is removed or stopped being publicly displayed arising from paragraph (1), is recoverable —(a)as a debt to the Government; and(b)from the candidate, or jointly and severally from the candidates in a group of candidates, who has publicly displayed or caused to be publicly displayed the traditional election advertisement.(3) The sum recoverable under paragraph (2) from a candidate is treated as part of the election expenses incurred by the candidate.(4) The sum recoverable under paragraph (2) from the candidates in a group of candidates —(a)is treated as part of the election expenses incurred by each of those candidates; and (b)is, for the purposes of sub‑paragraph (a), apportioned between those candidates —(i)in the proportion agreed between themselves; or(ii)in the absence of any agreement between themselves, in equal portions.(5) A person commits an offence if the person —(a)obstructs the Returning Officer from exercising any function under section 61O of the Act; or(b)obstructs any person from carrying out a direction of the Returning Officer under section 61O(1) of the Act.(6) A person who is guilty of an offence under paragraph (5) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term exceeding 12 months or to both.

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