Labour did break the law

Yesterday I blogged about an apparent breach by Labour of electoral law with their fliers.

I asked for clarification of the rules and was helpfully provided a copy of the guidelines sent to every MP by the Electoral Commission. They are very clear.

Electoral Commission advice regarding authorisation statementsIn other words Labour broke the law and is liable for a fine of up to $40,000.

The Electoral Commission website provides even more detail:

The Electoral Commission reminds all candidates, party secretaries and third party promoters?that:

  1. An election advertisement, irrespective of when it is published,?must contain a promoter statement.
  2. A promoter statement must state the name and address of the promoter of the election advertisement.
  3. If the promoter is a registered promoter the name and address of the promoter stated in the promoter statement must be the same name and address of the promoter that appear in the register of promoters.
  4. If the promoter is an unregistered promoter and is a body corporate or unincorporated, the promoter statement must also include the name of a member of the body who is the duly authorised representative of the promoter.
  5. The promoter statement must be clearly displayed in?the advertisement if published in a visual form and no less audible than the other content of?the advertisement if published in an audible form.

A person who wilfully publishes, or causes or permits to be published, an election advertisement in contravention of these requirements commits an offence.? Such matters will be referred to the Police unless the Commission considers that the offence is so inconsequential there is no public interest in reporting the facts to the Police.? Each instance will be considered on its merits.

All promoters of election advertisements should take reasonable steps to ensure that:

  1. Election advertisements are published in a manner that ensures the promoter statement is clearly displayed?to the public viewing the advertisement.
  2. All persons entrusted with the task of erecting, posting, displaying, or otherwise publishing election advertisements are aware of the requirement to clearly display the promoter statement and that the statement should not be obscured, cropped, or in any other manner prevented from being clearly displayed to the public viewing the advertisement.
  3. Election advertisements are regularly monitored to ensure that the promoter statement remains clearly displayed.

In other words Labour broke the law and is liable for a fine of up to $40,000.

Labour of course don’t care about laws, rules and regulations, we saw that with their stop signs. It think I will?have?to draft a complaint the the Electoral Commission in order to get them to comply with the law. Given their parlous state of their finances a $40,000 tickle up should prove helpful in getting them to honour laws and regulations.