184Display of posters

184 Display of posters

184 Display of posters

(1) A person must not, during the regulated period, publicly display or permit or cause to be publicly displayed, a poster containing or consisting of electoral material that contravenes Subdivision 2.

Maximum penalty—

(a) for an individual—60 penalty units or imprisonment for 6 months, or both, or

(b) otherwise—300 penalty units.

(2) A person must not, during the regulated period, display or permit or cause to be displayed a poster—

(a) on or within any premises occupied or used by, or under the control or management of—

(i) the Crown or a NSW Government agency, or

(ii) any council or county council, or

(b) on or within any other premises, unless the person—

(i) was the owner or a joint owner of the premises, or

(ii) performed the act concerned with the permission in writing of the owner or a joint owner of the premises.

Maximum penalty—

(a) in the case of a corporation—12.5 penalty units, or

(b) in any other case—2.5 penalty units.

(3) Subsection (2) (a) does not apply in relation to a poster—

(a) on the outer wall, fence or other boundary of the grounds of an enclosure in which a building used for voting is situated, or

(b) within the grounds of an enclosure in which a building used for voting is situated, or

(c) on a vehicle on a road or road related area (within the meaning of section 4 (1) of the Road Transport Act 2013), or

(d) fixed or attached to a table or stall on a footpath or other public place at any time on the day of voting for an election.

Note.

The display of election posters also constitutes development for the purposes of the Environmental Planning and Assessment Act 1979. Subdivision 13 (Election signs) of Division 2 of Part 2 of provides that the display of election posters is exempt development, subject to conditions, during the period commencing 5 weeks before and ending 1 week after the election day concerned.