David Feeney (Victoria, Australian Labor Party, Parliamentary Secretary for Defence) Share this | Hansard source

I rise to indicate that Senator Xenophon's amendments as found on sheet 7072 are not supported by the government. In our view, the amendments proposed do not address the fundamental issue of what is the appropriate regulation of misleading and deceptive electoral advertising and related conduct. The government has agreed to examine this issue and to work with the Greens and the Independents to bring forward appropriate regulation in the area that is colloquially known as 'truth in electoral advertising'. The proposed amendments incorporate the existing legal test contained in subsection 329(1) of the Electoral Act, which is:

… is likely to mislead or deceive an elector in relation to the casting of a vote.

This test has been limited by various court decisions and has also been criticised due to its limited operation. In the government's view, it is premature to consider the amendment without the full consideration of whether a wider legal test should be adopted and included in the Electoral Act. On that basis, the government does not support the amendments.