South Australian Current Acts South Australian Current Acts (1) Subject to this
section, a person may place and maintain a moveable sign on a road without an
authorisation or permit under this Part if (and only if)—
(a) the
design and structure of the sign complies with the requirements of the
council's by-laws; and
(b) the
sign is placed in a position that complies with the requirements of the
council's by-laws; and
(c) any
other relevant requirements of the council's by-laws are complied with; and
(d) the
sign does not unreasonably—
(i)
restrict the use of the road; or
(ii)
endanger the safety of members of the public.
(2) However, a by-law
cannot be made with the effect of prohibiting the placement of a moveable sign
on a part of a road (other than a carriageway) unless the prohibition is
reasonably necessary—
(a) to
protect public safety; or
(b) to
protect or enhance the amenity of a particular locality.
(2a) A person must not
exhibit an electoral advertising poster relating to an election held under
this Act or the Local Government (Elections) Act 1999 on a public road
(including any structure, fixture or vegetation on a public road), except in
circumstances prescribed by the regulations.
Maximum penalty: $5 000.
(3) A person may place
and maintain a moveable sign on a road without an authorisation or permit
under this Part and without reliance on subsection (1) if—
(a) the
sign is placed there pursuant to an authorisation under another Act; or
(b) the
sign is designed to direct people to the open inspection of any land or
building that is available for purchase or lease; or
(c) the
sign is related to a Commonwealth election and is displayed during the period
commencing at 5pm on the day before the day of the issue of the writ or writs
for the election and ending at the close of polls on polling day; or
(caa)
the sign relates to a State election, is an electoral advertising poster that
is not prohibited from exhibition under section 115(2a) of the
Electoral Act 1985 (or is a poster within the ambit of section 115(2b)
of that Act or exhibited in accordance with section 125(1a) and (1b) of
that Act) and is displayed during an election period under that Act; or
(d) the
sign is of a prescribed class.
(4) No action lies
against a council or an officer or employee of a council for injury, damage or
loss resulting from the placement of a moveable sign on a road unless the
council itself or some person acting on behalf of the council placed the sign
on the road.
(5) In
subsection (2a)—
"electoral advertising poster" means a poster displaying electoral advertising
made of—
(a)
corflute; or
(b)
plastic; or
(c) any
other material, or kind of material, prescribed by the regulations.