Court backs council on election signs drama
CR PAUL Tully has pointed Australian Independents candidates Patricia Petersen and Shannon Deguara to a landmark 2004 Supreme Court case that upheld the power of councils to regulate election signs.
Senate hopeful Dr Petersen and Blair candidate Mr Deguara will take Ipswich City Council to court for impounding 26 of their elections signs.
The signs were confiscated because the duo had not paid their $540 bond and because the signs were positioned on public property.
In 2004, former Cambooya councillor Barry Moule, now managing director of the Churchill Abattoir in Ipswich, was unsuccessful in his Supreme Court attempt to have council's powers of seizure and removal overturned in relation to his election signs in a mayoral campaign. He, too, had signs removed from footpaths and roads by the council.
"The Supreme Court in 2004 upheld the clear powers of all Queensland councils to control election signs on all road reserves within their area of control, as well as upholding the validity of local laws regarding election signs provided they related to regulation and not total prohibition of all signs," Cr Tully said.
Regulation can include the size and number of signs, their positioning and period of time they can be exhibited.