A bill includes a flyer, brochure, or poster containing promotional material, and anything else declared by the regulations [Local Nuisance and Litter Control Act 2016 (SA) s 23(5)]. A non-compliant moveable sign has been declared under the Local Nuisance and Litter Control Regulations 2017 (SA) reg 10.

It is an offence to post a bill on property, including the land on which a vehicle is located, without the consent of the owner or occupier of the property [s 23(1)]. There is a maximum penalty of $10,000 (with an expiation fee of $315).

It is also an offence to distribute or authorise the distribution of bills for unauthorised posting [s 23(2)]. There is a maximum penalty of $20,000 (for a body corporate) or $10,000 (for an individual) or an expiation fee of $500) [s 23(2)].

However, it will be a defence if it can be proved that the person did not foresee and could not have reasonably have been expected to foresee that the bills would be posted without consent [s 23(3)].

If convicted of a bill posting offence, the court may order an offender to pay the property owner or occupier compensation for loss or damage caused to the property by the commission of the offence as considered just [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. There is a maximum penalty of $5,000 (with an expiation fee of $210 for an individual and $500 for a body corporate) [s 20].

Vehicle Owner Liability

If the bill posting is undertaken in, at or from a vehicle, or in connection with the use of a vehicle, and that activity results in an offence, then the owner of the vehicle may be guilty of an offence and is liable for penalty and expiation [s 26].