Navigating New Laws on Electoral Advertising Posters

In December 2024, Section 226A of the Local Government Act 1999 (Act) commenced operation. At the same time, amendments were made to Section 226 of the Act. Each of these changes relate to the control of electoral advertising posters exhibited in relation to a Commonwealth election.

With a Federal election set to occur this year, it is timely to consider the impact of these amendments, including how this new law may interact with your Council’s existing by-laws.

Unfortunately, these changes, together with further recent amendments to the Act with respect to the display of electoral advertising material in relation to State and local government elections, have resulted in the law in this area now being extraordinarily complex.

In relation to Commonwealth elections, Section 226A of the Act now prohibits, as a base position, the exhibition of designated electoral advertising posters (as defined in the Act) on roads and road-related areas, as defined in the Road Traffic Act 1961.

There are exceptions to the above provided for in Section 226A(2) of the Act, including where the designated electoral advertising poster is being held by a person or is not fixed any object or structure and the poster is not being displayed on a road or road-related area.

Prior to this latest change, Section 226(3)(c) of the Act effectively exempted State and Commonwealth election signs displayed on roads during the period commencing at 5:00pm on the day before the issue of writ or writs for the election and ending at the close of polls on polling day, from regulation by council by-laws.

Where your Council has in place a relevant by-law, such as a Moveable Signs, Roads or Local Government Land By-law and depending on when that by law was made, it may contain exemptions in respect of election signs that are no longer valid, due to these legislative changes.

Further changes to the laws relating to the display of election signs on roads, including the way in which the new laws may interact with council by-laws, may present issues from a compliance or enforcement perspective.

It may be timely for your Council to consider a review of its Moveable Signs, Roads and/or Local Government Land By-laws, to ensure such by-laws are up to date and consistent with these complex legislative changes.

Norman Waterhouse would be pleased to assist your Council with such a review. Please contact Paul Kelly on +61 8210 1248 or email pkelly@normans.com.au or Dale Mazzachi on +61 8210 1221 or email dmazzachi@normans.com.au for further information and assistance.