PART 2 | TRADITIONAL ELECTION ADVERTISING |
| Manner of including published-by requirements under section 42B(2)(c) of Act |
3. For the purpose of section 42B(2)(c) of the Act, a traditional election advertisement must include the information mentioned in section 42B(4) of the Act in the following manner:| (a) | the words “Publicly displayed by:” must appear immediately before the identity particulars required by section 42B(4)(a) of the Act; | | (b) | the words “Approved by:” must appear immediately before the identity particulars required by section 42B(4)(b) of the Act; | | (c) | the words “Publicly displayed for:” must appear immediately before the identity particulars required by section 42B(4)(c) of the Act; | | (d) | the words “Paid for by:” must appear immediately before the identity particulars required by section 42B(4)(d) of the Act; | | (e) | the words “Printed by:” must appear immediately before the identity particulars required by section 42B(4)(e) of the Act. |
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| Small and portable promotional items prescribed under sections 42B(9)(a)(iii) and (10)(a)(iii) and 42D(1)(a)(iii) of Act |
4. Each of the following is prescribed as a small and portable promotional item for the purposes of sections 42B(9)(a)(iii) and (10)(a)(iii) and 42D(1)(a)(iii) of the Act:| (a) | a diary or calendar on paper or paperboard; | | (b) | a card, flyer, pamphlet or any other similar printed matter or material not larger than 297 millimetres by 210 millimetres; | | (c) | a key chain; | | (d) | a retail packet or package containing cleansing tissue or paper napkins that have been cut to size; | | (e) | a miniature flag or pennant; | | (f) | a soft toy; | | (g) | an umbrella; | | (h) | an inflatable object; | | (i) | any other small or portable object or article (not being a decalcomania or any other adhesive label on a vehicle) that —| (i) | is less than $10 in value; and | | (ii) | can fit into a space measuring 10 centimetres by 10 centimetres by 10 centimetres. |
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| Permit to display traditional election advertisements for purposes of section 42F(5)(a) of Act |
5.—(1) For the purposes of section 42F(5)(a) of the Act, the Returning Officer must issue to every candidate a permit authorising the public display of traditional election advertisements by or on behalf of the candidate during the campaign period of an election.(2) The permit may only include conditions relating to the following matters:| (a) | the lodgment of a copy, detailed diagram or drawing of a traditional election advertisement with the Returning Officer, together with the identity particulars required under section 42B(4) of the Act, before the traditional election advertisement is publicly displayed; | | (b) | the affixing of a stamp issued by the Returning Officer on a traditional election advertisement for the entire period it is publicly displayed; | | (c) | the affixing of the permissible electoral matter of the candidate on a traditional election advertisement for the entire period it is publicly displayed; | | (d) | the proper securing of a traditional election advertisement that is displayed on a lamp post. |
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| (3) The permit must not include any condition on any matter regulated by any other provision in Division 2A of Part 3 of the Act. |
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| Maximum permissible number of traditional election advertisements under section 42G(1)(d) of Act |
6.—(1) For the purpose of section 42G(1)(d) of the Act, the maximum permissible number of traditional election advertisements allowed to be publicly displayed by or on behalf of a candidate is —| (a) | in the case of a small traditional election advertisement — one small traditional election advertisement for every 250 electors (or part of every 250 electors); or | | (b) | in the case of a large traditional election advertisement — one large traditional election advertisement for every 12,500 electors (or part of every 12,500 electors). |
| (2) A traditional election advertisement that is neither a small traditional election advertisement nor a large traditional election advertisement must not be publicly displayed by or on behalf of a candidate. |
(3) A traditional election advertisement does not count towards the maximum number under paragraph (1) if it is publicly displayed by a person —| (a) | who is a third party at the election; and | | (b) | who is not authorised by the candidate or the candidate’s election agent to publicly display the traditional election advertisement. |
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(4) For the purposes of this regulation —| (a) | “small traditional election advertisement” means a traditional election advertisement that is able to fit into a space measuring 1.75 metres by 1.2 metres; | | (b) | “large traditional election advertisement” means —| (i) | a traditional election advertisement that —| (A) | cannot fit into a space measuring 1.75 metres by 1.2 metres; but | | (B) | can fit within a space measuring 9 metres by 1.2 metres; or |
| | (ii) | 2 or more small traditional election advertisements that are displayed so closely to one another as to form a single traditional election advertisement that falls within sub‑paragraph (i); and |
| | (c) | in a case where a large traditional election advertisement within the meaning of sub‑paragraph (b)(ii) is publicly displayed by or on behalf of a candidate —| (i) | each of the small traditional election advertisements that forms the large traditional election advertisement must be counted towards the maximum number in paragraph (1)(a); and | | (ii) | the large traditional election advertisement must be counted towards the maximum number in paragraph (1)(b). |
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| Lamp posts are permissible locations under section 42H of Act |
7.—(1) Subject to this regulation, a lamp post is a permissible location for the purposes of section 42H of the Act.| (2) A lamp post is not a permissible location if it is situated within the restricted signage zone of an ordinary polling station or a special polling station. |
| (3) A lamp post is not a permissible location if there is a traffic sign, traffic camera or any other road or traffic infrastructure installed on the lamp post. |
| (4) If a traditional election advertisement by or on behalf of a candidate is publicly displayed on a lamp post, the next lamp post is not a permissible location for traditional election advertisements by or on behalf of that candidate. |
(5) A lamp post is not a permissible location to the extent that the display of a traditional election advertisement on the lamp post would obstruct —| (a) | the movement of pedestrians on any footpath; or | | (b) | the traffic view of drivers of vehicles on a road if the lamp post is situated near any traffic junction. |
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(6) A lamp post is not a permissible location to the extent that the display of a traditional election advertisement on the lamp post would obstruct the view of —| (a) | any other traditional election advertisement publicly displayed by or on behalf of another candidate; or | | (b) | any traffic sign, traffic camera or any other road or traffic infrastructure. |
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(7) In this regulation —| “footpath” has the meaning given by section 2(1) of the Active Mobility Act 2017; |
| “restricted signage zone” has the meaning given by section 42I(2) and (3) of the Act; |
| “road” means any public road and any other road to which the public has access; |
“traffic sign” includes all signals, warning sign posts, direction posts, signs, lines or other devices for the guidance or direction of persons using roads, whether they are —| (a) | permanently set up; or | | (b) | temporarily set up by any Government department to indicate road closure or that road work is in progress. |
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| Premises or conveyances, etc., with owners’ consent are permissible locations under section 42H of Act |
8.—(1) Subject to this regulation, for the purposes of section 42H of the Act —| (a) | before a traditional election advertisement is publicly displayed by or on behalf of a candidate on any premises, conveyance, thing or structure, consent must be sought from the owner of the premises, conveyance, thing or structure; and | | (b) | if prior consent is obtained, the premises, conveyance, thing or structure is a permissible location for the display of that advertisement. |
| (2) A train is not a permissible location. |
| (3) A public service vehicle may be a permissible location only if it is hired solely for the conveyance of a candidate or any person authorised by the candidate during the campaign period of the election. |
(4) A vehicle is not a permissible location for a candidate if —| (a) | it is hired by or on behalf of the candidate; | | (b) | it is located within 100 metres of an election rally organised by or on behalf of the candidate; and | | (c) | it is staying or moving within that location for reasons not related to the conveyance of persons attending the election rally. |
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(5) A vehicle (whether moving or stationary) is not a permissible location for a candidate if —| (a) | it is hired by or on behalf of the candidate; and | | (b) | it is located within 100 metres of an election rally organised by or on behalf of another candidate. |
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(6) In this regulation —| “public service vehicle” has the meaning given by section 2(1) of the Road Traffic Act 1961; |
| “train” has the meaning given by section 2 of the Rapid Transit Systems Act 1995. |
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| Supplementary provisions for removal and confiscation of traditional election advertisements |
9.—(1) Paragraphs (2) and (3) apply if the Returning Officer exercises the Returning Officer’s power under section 42N(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 as a debt due to the Government from the candidate who has publicly displayed or caused to be publicly displayed the traditional election advertisement. |
| (3) The sum recoverable from a candidate under paragraph (2) is treated as part of the election expenses incurred by the candidate. |
(4) A person commits an offence if the person —| (a) | obstructs the Returning Officer from exercising any function under section 42N of the Act; or | | (b) | obstructs any person from carrying out a direction of the Returning Officer under section 42N of the Act. |
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| (5) A person who is convicted of an offence under paragraph (4) shall be liable to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Defacement, etc., of traditional election advertisements during campaign period |
10.—(1) A person commits an offence if —| (a) | the person knowingly destroys, damages, defaces or removes a traditional election advertisement during the campaign period of an election; | | (b) | the traditional election advertisement is publicly displayed by or on behalf of a candidate at the election; and | | (c) | the traditional election advertisement relates to the election. |
| (2) A person who is guilty of an offence under paragraph (1) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. |
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| Removal of traditional election advertisements after polling day |
11.—(1) Within 6 days after polling day, a candidate must remove or cause to be removed all traditional election advertisements publicly displayed by the candidate or on the candidate’s behalf.| (2) A candidate who contravenes paragraph (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 12 months or to both. |
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