Posting Bills and Defacing Property
– section 10 of the Summary Offences Act 1966
It is an offence to post any placard bill sticker or otherwise defaces property belonging to another without the owner’s consent or authority to do so.
Examples of Posting Bills and Defacing Property
- Posting a placard over a billboard
- Posting a placard over a shop wall
- Posting a placard over a bus stop shelter
Questions in cases like this
- Did you post the placard?
- Do the Police have the wrong person?
- Did you have permission to post the placard?
What are some of the possible defences to Posting Bills and Defacing Property?
A person charged with this offence can rely on the following defences:
- The owner of the property gave their consent
- Factual dispute
- The Police cannot prove the accused posted the bill
If you have been charged with this offence, you should call us to discuss your case with one of our experienced criminal lawyers. Deciding on whether to plead guilty or not has huge implications for you and should be made after proper discussions with a criminal lawyer.
“Can you prove that you had consent to post the placard?”
Maximum penalty and court that deals with this charge
This charge may result in a fine of 15 penalty units (around $2,400) or imprisonment for 3 months. This is a summary offence only dealt with in the Magistrates’ Court.
What is the legal definition of Posting Bills and Defacing Property?
Section 10 of the Summary Offences Act 1966 makes it an offence for ‘any person who posts any placard bill sticker or other document on or writes or paints on or otherwise defaces any road bridge or footpath or any house building hoarding wall fence gate tree tree-guard post pillar hydrant fire-alarm petrol pump or other structure whatsoever without the consent of the occupier or owner of the premises concerned or of any person or body having authority to give such consent shall be guilty of an offence’.
The legislation for this offence can be found on section 10 of Summary Offences Act 1966.
Elements of the offence
To prove this charge the Prosecution must show that the accused:
- posted a placard bill sticker or any other form of document containing advertising as listed in the section
- or otherwise defaced the property of another person without authorisation or the consent of the owner
As this is a strict liability offence, the Prosecution do not have to prove any intention.