Kiama residents that display “Yes” signs in support of establishing an Indigenous Voice to Parliament could be breaking the law, Kiama Councillor Mark Croxford has warned.

Councillor Croxford points out that displaying signs relating to an election before the official referendum date could violate provisions in the NSW State Environmental Planning Policy (SEPP).

However, The Australian Electoral Commission told The Bugle there were no laws restricting people from displaying campaigning activities before a referendum date has been set.

"...there is no law that says campaigning activities have to occur only during the referendum period. The Referendum Act actually doesn't limit the amount, the format or the timing of referendum communication," according to an AEC spokesperson.

Clause 2.107 outlines requirements for election signs, including strict limits for timeframes of when they can be displayed. According to the provisions, election signs can only be displayed eight weeks preceding election day, the day of the election itself, and one week immediately following election day.

Legislation to allow the referendum to take place passed in June 2023, though the Federal Government is yet to specify which date the vote will take place. As such, displaying signs whether for or against The Voice could be illegal, and those that do could face penalties.

"As there is no fixed date for a federal referendum, the current appearance of YES campaign signs throughout the State of New South Wales constitutes an illegal act that requires immediate removal to comply with legislation and avoid potential fines,” said Councillor Croxford.

“I call on all law-abiding citizens to report the illegal display of YES campaign signs to Council so they can be promptly removed and uphold the law.”

Councillor Croxord said action may include initial warnings for minor or unintentional breaches, fines, compliance orders, or even prosecution for repeat offenders.

Local councils are responsible for enforcing the provisions of the NSW SEPP.

A spokesperson for Kiama Council told The Bugle: “Kiama Council is responsible for administering many regulations and pieces of legislation. Council staff will continue to do their roles in accordance with requirements as per usual.”

This article was updated at 12:20PM 26 July 2023 to include comments from the Australian Electoral Commission.