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Section 36 of the Local Government Act 2009 (the Act) provides that a local government must not make a local law that prohibits the placement of election signs or posters.
The intent of these provisions is to protect the implied constitutional guarantee of freedom of political communication.
With this in mind, it is considered appropriate that a local government could regulate the placement of election signs and posters in reasonable and appropriate circumstances including, for example where election signs may:
· adversely affect public safety;
· inappropriately impact on the use and enjoyment of the land; or
· excessively affect the visual amenity of an area.
The conditions which apply to election signs on local government controlled areas and roads can be found in Schedule 9 of Fraser Coast Regional Council Subordinate Local Law No.1 (Administration) 2011. These conditions are summarised in this fact sheet.
Election signs may be displayed on private land/land not controlled by Council with the permission of the owner and occupier.
There is currently no limit to the number or duration of election signs that may be displayed, however, all signs must be displayed in accordance with local law conditions.
A person must not display an election sign on local government controlled areas and roads, however, this restriction does not apply to an election sign displayed:
· on a vehicle when it is being used bona-fide on a road as a vehicle and is not left stationary on a road for the principal purpose of providing a “static display”;
· at or near a stand or stall lawfully established under the Transport Operations (Road Use Management) Act 1995 for a political purpose; and
· at, or in association with, a public assembly lawfully conducted under the Peaceful Assembly Act 1992, but only for the duration of the public assembly.
To clarify conditions for roadside advertising on state-controlled areas and roads, contact the Department of Transport and Main Roads Queensland:
Telephone: 13 23 80 Website: www.tmr.qld.gov.au
For the latest information on divisional maps, election dates, enrolment and electoral rolls, voting and nominations, visit Electoral Commission Queensland: www.ecq.qld.gov.au.
Click here to download a printable version of Fact Sheet - Election Signage