What’s Council’s role in managing election advertising?
Published on 23 April 2025
With the upcoming federal election, Council has received several enquiries about polling booths, postal voting and political advertising. While the Australian Electoral Commission (AEC) oversees the voting process, including enrolment and polling logistics, the rules around election advertising also involve state and local government responsibilities.
One common area of confusion is political signage. The AEC regulates the content and authorisation of electoral advertising, but local councils are responsible for ensuring that signage complies with planning laws, particularly around where and how it is displayed.
Under New South Wales planning legislation, specifically the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, temporary election signage is permitted as "exempt development" if it meets certain criteria. This includes limitations on sign size (maximum 0.8 square metres), duration (displayed only from five weeks before to one week after election day), and placement (not on public land or infrastructure without approval).
Council has limited resources to actively monitor compliance but does get involved in enforcement when complaints are made. This may include inspecting signs on public land such as parks, road reserves, and community buildings, and ensuring any unauthorised or non-compliant signage is removed. Council officers may issue warnings or fines where breaches occur, particularly if signs are unsafe or obstruct visibility.
Council also hears community concerns about unsolicited text messages and phone calls from political parties during election campaigns.
Under Australian law, political parties and candidates are permitted to send unsolicited text messages and make phone calls during election campaigns. These communications are exempt from Australian laws such as the SPAM Act and Do Not Call Register Act. Similarly, political parties are also not subject to the requirements of the Privacy Act 1988.
While these communications are legal, they must not be misleading or deceptive. The Australian Communications and Media Authority (ACMA) oversees compliance with these rules.
For issues relating to election advertising content or authorisation, visit www.aec.gov.au for more information or to lodge a complaint.