Local Laws and election advertising – A Constitutional question?

With local government elections expected to be held early next year, and in advance of the proliferation of election signage throughout the State, it is an opportune time to consider how the Council can (and cannot) manage election signage.

The Local Government Act 2009 and City of Brisbane Act 2009 both contain clauses that prevent a Council making a local law that 'prohibits election advertising'. 

An argument has been suggested that the prohibition on 'prohibiting' election advertising does not limit the Council's ability to 'regulate' election advertising.  This now appears to be generally accepted, particularly where there is no distinction between election advertising and other advertising (for example, on Council property).