Mark Dreyfus (Isaacs, Australian Labor Party, Cabinet Secretary) Share this | Hansard source

The government will be opposing these amendments. They are amendments that seek to introduce a truth in political advertising regime into the referendum machinery legislation. The framework proposed by the amendments that have been moved by the member for Warringah appears to create an offence of printing, publishing, distributing or authorising referendum matter that purports to be a statement of fact that is 'misleading or deceptive to a material extent' or is 'likely to mislead or deceive to a material extent'.

As has been clear from the debate on this bill, the intention of this bill is to bring the referendum machinery legislation into line with the Commonwealth Electoral Act. Australia has not had a referendum since 1999, and the referendum legislation needs to be updated in line with modern electoral machinery. The government intends for voters to have an experience at this upcoming referendum that is consistent with their experience at the last federal election. This amendment would introduce a new element beyond this intention, in effect a new framework that has not yet been tried and tested at a federal election.

Last year, the Special Minister of State, Senator Farrell, asked the Joint Standing Committee on Electoral Matters to consider and report back on the potential for truth in political advertising laws to enhance the integrity and transparency of the system. After the Joint Standing Committee on Electoral Matters has deliberated on this matter and reported, the government and the parliament will be in a stronger position to consider how a truth in political advertising framework could be applied to Australia's federal elections and to referendums. That's the time in which the parliament should be considering this kind of proposal, after the Joint Standing Committee on Electoral Matters has reported.

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