Under the Local Nuisance and Litter Control Act 2016 (SA) it is an offence to post a bill on property without the consent of the owner or occupier of the property [s 23(1)].
Maximum penalty: $10 000 (or expiation fee of $315).
In addition, it is also an offence to distribute or authorise the distribution of bills for unauthorised posting [s 23(2)]. However, it will be a defence if it can be proved that the person did not forsee and could not have reasonably have been expected to foresee that the bills would be posted without consent.
Maximum penalty: $20 000 (for a body corporate) or $10 000 (for a natural person) or an expiation fee of $315.
If convicted of an offence under sections 23(1) or 23(2) the court may order an offender to pay the property owner or occupier compensation for loss and damage caused to property from the commission of the offence [s 23(4)].
If requested by an authorised officer a person must remove a bill posted on property as directed and failure to do so is an offence [s 24].
Maximum penalty: $5 000 (expiation fee: $210)
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