Postering
Postering can have serious possible penalties. The maximum penalty for postering is $10,000 although this penalty would rarely be imposed. People who distribute or authorise posters that are put up without permission can also be fined.
Stickers are covered by anti-postering laws. People stickering are less likely to be prosecuted than people postering, and if prosecuted would likely get a lower penalty.
People who are paid to put posters up do not appreciate you covering up their work. If they approach you, they may not be polite. Sometimes activists postering in the city have been approached by police and asked to stop, and no other action has been taken. One organisation was threatened with prosecution by Adelaide City Council after posters with its web address on them were put up in the city.
At sentencing, a judge would consider these factors (along with many others):
Whether this is a first offence or a fiftieth offence;
Whether there was one poster or one thousand;
Whether the posters were offensive or contained offensive language;
What damage the posters did; and
Any costs of repair or restoration to where the poster had been.
Under the Local Nuisance and Litter Control Act 2016, if a person posts a bill on property without the consent of the owner or occupier of the property, the maximum penalty is $10,000 or an expiation fee of $315.
A “bill” includes a flyer, brochure or poster containing promotional material, and includes anything declared by regulation to be a bill. Contrary to plain English, the regulations declare a moveable sign within the meaning of the Local Government Act 1999 that is placed or maintained on a road, other than in an authorised manner, to be a bill.
If a bill is posted on property illegally, a person who distributed or authorised the distribution of the bill for posting is guilty of an offence up to a maximum of $10,000 in the case of a natural person.
If a person is convicted of a bill posting offence, the court may also order the offender to pay compensation for loss or damage to the owner or occupier.
In any proceedings, a "citizen’s notification" constitutes evidence of the matters contained in that notification.
Under the Summary Offences Act 1953, activists carrying out postering could also be committing offences of entering or being on premises for an unlawful purpose or trespassing, potentially attracting penalties of up to $2,500 or 6 months imprisonment.
For further information about bill posting see the Bill Posting Fact Sheet on the Local Government Association website or read more about Local Nuisance and Litter Control.
Check your local council area website for any specific by-laws that apply to posters.
Last revised: March 2023