Subdivision 3 Offences applicable during regulated period
356D Printing, publishing and distributing non-complying electoral material
A person must not, during the regulated period, print, publish or distribute electoral material that contravenes Subdivision 2.Maximum penalty: 10 penalty units.
(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: 10 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: 2.5 penalty units.
(3) Subclause (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 polling is situated, or(b) within the grounds of an enclosure in which a building used for polling is situated, or(c) on a vehicle on a road or road related area (within the meaning of the Road Transport (General) Act 2005), or(d) fixed or attached to a table or stall on a footpath or other public place at any time on the day of polling for an election.
356F Writing, drawing or depicting electoral matter
(1) A person must not, during the regulated period, write, draw or depict any electoral matter directly on any property, being a roadway, footpath, building, vehicle, vessel, hoarding or place (whether it is or is not a public place and whether on land or water).Maximum penalty: 3 penalty units.
(2) A person is not guilty of an offence under this clause if the person:(a) was the owner or joint owner of the property, or(b) performed the act concerned with the permission in writing of the owner or a joint owner of the property.(3) Without limiting subclause (2), a person is not guilty of an offence under this clause involving a vehicle, vessel or hoarding if the person:(a) was the owner or joint owner of the premises on which the vehicle, vessel or hoarding was situated, or(b) performed the act concerned with the permission in writing of the owner or a joint owner of the premises.(4) Subclauses (2) and (3) do not apply to any premises or property occupied or used by, or under the control or management of:(a) the Crown or a NSW Government agency, or(b) any council or county council.
356G Name and address on electoral material
(1) A person must not, during the regulated period, print, publish, distribute or publicly display electoral material (other than the announcement in a newspaper of the holding of a meeting), without legibly showing on the material:(a) the name and address of the person on whose instructions the material was printed, and(b) the name of the printer and the street address of the premises at which it was printed.Maximum penalty: 5 penalty units.
(2) If a newspaper contains electoral material and the name of the printer of the newspaper and the street address of the premises at which it was printed appear on the newspaper in accordance with any Act, subclause (1) does not require that name and address to be shown separately on the material itself.(3) Subclause (1) does not apply in relation to:(a) a T-shirt, lapel button, lapel badge, pen, pencil or balloon, or(b) a business or visiting card that promotes the candidacy of any person in an election, or(c) a letter or other card:(i) that bears the name and address of the sender, and(ii) that does not contain a representation or purported representation of a ballot paper for use in an election.
356GA Authorisation of advertisements on electronic billboards, digital road signs etc to be displayed
A person must not, during the regulated period, display any electoral matter on an electronic billboard, digital road sign or other similar device, unless the matter contains, in visible, legible characters, the name and address of the person on whose instructions the matter was displayed.Maximum penalty: 5 penalty units.
356GB Publication of paid electoral advertisements on the internet
(1) A person must not, during the regulated period, publish an advertisement containing electoral matter on the internet, or cause, permit or authorise such an advertisement to be published, if:(a) the advertisement is paid for by the person or another person, and(b) the name and address of the person who authorised the advertisement do not appear at the end of the advertisement.Maximum penalty: 5 penalty units.
(2) A person does not commit the offence in subclause (1) if the person establishes that the matter published on the internet forms part of a general commentary on a website.(3) In this clause, the address of a person means an address, including a full street address and suburb or locality, that is located in Australia at which the person can usually be contacted during the day, but does not include a post office box.
356H Encouraging ticks or crosses on ballot-papers
A person must not, during the regulated period, print, publish, distribute or publicly display any electoral material that encourages any elector to place a tick or a cross in a square on a ballot-paper.Maximum penalty:
(a) in the case of corporation—50 penalty units, or(b) in any other case—10 penalty units.
(1) Defences
A person is not guilty of an offence for a breach of a provision of this Subdivision if it is established that:(a) the breach was not of a material nature, or(b) the breach was not intended, or was not likely, to mislead an elector in or in relation to the casting of his or her vote, or(c) the person was not aware that the act or omission concerned was a breach of the provision when it occurred and took all reasonable steps to remedy the breach when the person became aware that it was or may have been such a breach.(2) Exceptions
Nothing in this Subdivision prohibits:(a) the display, writing, drawing or depicting of a sign on or at the office or committee room of a candidate or political party indicating only that the office or room is the office or committee room of the candidate or party, and specifying the name of the candidate, or the names of the candidates, or the name of the party concerned, or(b) the projection by means of any cinematograph or other similar apparatus of any electoral matter on to any screen in any theatre or public hall the subject of a development consent in force under the Environmental Planning and Assessment Act 1979 in relation to its use as a place of public entertainment, or(c) the display, writing, drawing or depicting of any poster within a hall or room that is being or is about to be used for a meeting held by or on behalf of a candidate in connection with an election, or(d) the display of any poster on or at the office of a councillor.