The Electoral Act

So far we have established that the CEO warned Labour weeks before the election that its pledge cards constituted election advertisements and expenses. And that Labour had agreed to include the cost in its return. Before we turn to Labour’s arguments (which were rejected) for why they are not election advertisements, we need to be precise about the two offences under the Electoral Act.

One offence is that of not correctly authorising an election advertisement. These matters are enforced by the Chef Electoral Office as and when they occur. He also found an ACT billboard was an offence but as they agreed to take it down he did not refer to the Police.

The other offence is that of over-spending. And this is enforced by the Electoral Commission and can only be decided upon once the party files its return after the election.

Turning to the Act, we look at Section 221:

(1) Subject to subsections (2) and (3) of this section, no person shall publish or cause or permit to be published in any newspaper, periodical, poster, or handbill, or broadcast or cause or permit to be broadcast over any radio or television station, any advertisement which