Daniel prevails in sign fight
Independent candidate for the federal seat of Goldstein, Zoe Daniel, has scored a win in her court battle over election campaign signs.
Liberal MP for Goldstein Tim Wilson had complained that Ms Daniel’s signs were put up in people’s front yards prematurely. This was followed by a ban by the local Bayside City Council.
Bayside City Council has decided that because the House of Representatives election is not technically due until 3 September, any signs put up before 3 June would be unlawful until the election is called.
Ms Daniel’s staff argued before the Victorian supreme court that the council had interpreted the law incorrectly, and contradicted its earlier advice to Ms Daniel’s volunteers, as well as breaching the implied freedom of political communication.
Justice John Dixon this week declared that displaying the signs does not contravene Bayside City Council rules despite the fact the election has not been called.
He ruled that the council could not issue fines against those displaying election signs, unless they remain up for more than three months or more than 14 days after the federal election.
The judge did not answer questions on whether the council’s interpretation of the rules was a breach of the implied freedom of communication.
Bayside City Council chief executive Mick Cummins welcomed the “clarity for all Victorian councils” on state laws regarding political signage.
“In line with the supreme court decision, residents who were previously notified that their signage was unlawful are advised that it is now permissible to display political signage,” he said.