Mr NAIRN (10:54 PM) —Earlier in the parliamentary sittings I spoke on the appropriation bill, and as part of that particular speech I mentioned that I would be making a submission to the forthcoming inquiry into the 2001 federal election, based on some of the tactics of my Labor opponent in that particular election. In particular, I want to draw to the House's attention some of the failings in the current Commonwealth Electoral Act. The Commonwealth Electoral Act prescribes precisely how general elections are to be conducted. This includes provisions regarding election advertising. Section 329(1) provides:

This was interpreted in the High Court case of Evans v. Crichton-Browne, where it was stated that this only applies to material circulated which would have an effect at the time of recording the vote. The court clearly stated that they did not interpret this as applying during the campaign, as to do so would:

This arbitrary narrowing of the scope of the legislation effectively allows individuals to publish or broadcast statements known to be incorrect during the very time in which the vast majority of voters make up their minds as to whom to vote for.

I referred to the AEC the specific examples in the campaign in my electorate, and I got back basically the standard line: in the case of Evans v. Crichton-Browne, the court held. In the first example, we were contacted by a resident of a little location called Frying Pan, down near Lake Eucumbene, in my electorate, who had received a letter from the Labor candidate. In that letter, the Labor candidate said:

These people contacted me from Frying Pan because, they said: `There are actually only five people in Frying Pan. My husband and I are the only people of pensioner age, but we are not pensioners, therefore we are not that pensioner couple, and nobody else is of pensioner age.' When challenged in the media, the Labor candidate said this was a computer error.

Then all of a sudden somebody contacted us from a little area called Tinderry just down near Michelago in my electorate. They had also received a letter from the local candidate. Surprise, surprise: a pensioner couple in Tinderry also were waiting exactly three years for dentures, and mum and dad down the road were complaining about school aspects for their kids. These were clearly fabrications in both instances. Subsequent to the election, there was yet another example. People from Buckenderra contacted me with exactly the same thing. Once again, a pensioner couple from Buckenderra were waiting on dentures as well. These were clear examples of absolute fabrication on behalf of the Labor candidate. It was an absolute disgrace involving fabricated stories, probably being too clever by half.

This is the sort of example where I think the electoral act has to be tightened up so that this sort of matter can be prosecuted, where clearly people are being deceived. There is no doubt about it: in that particular case, people were being deceived. I would say that those letters went to probably every town in the electorate. In a town of Queanbeyan or Cooma you can probably get a good Labor Party couple that will say, `Yes, we've been having a problem with dentures.' But it clearly demonstrates the fabrication that went on, and I will be writing to the electoral matters committee to look at this matter. (Time expired)

The SPEAKER —Order! It being 11 p.m., the debate is interrupted.