Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I am speaking to a motion. In doing so I recognise that the three signatures on the motion mean that we would not have a majority in the chamber. We would then waste time by going through a procedural motion which the government would lose. The government does not support the reference of these matters to the Joint Standing Committee on Electoral Matters. Paragraphs (e) and (f) of the reference appear to be a direct investigation into a state election, without any reference to the Commonwealth Electoral Act or the Australian Electoral Commission. As such, this inquiry should be undertaken by the South Australian parliament. If not rejected, this would indicate to all state and territory parliaments that they have the right to investigate Commonwealth elections for partisan political purposes. This matter is a reference to a Commonwealth body and it should relate to Commonwealth matters.

Shortly after the first four paragraphs of the reference were reported to the media I asked the AEC for a briefing on these allegations and whether similar alleged conduct would be in breach of the Commonwealth Electoral Act. The AEC advised that these alleged activities would more likely than not be in breach of the act. However, in order to remove all doubt and to ensure that electors are made aware of on whose behalf how-to-vote cards are distributed, I requested the AEC to prepare possible amendments to the act. These amendments, which I table now, improve the authorisation requirements under the act so that it is made clear at the top of how-to-vote cards whether or not the card is being distributed on behalf of a political party or candidate. I will be seeking support for the amendments when further electoral legislation is debated in June and, of course, I look forward to the support of the movers of this reference for those amendments which make this inquiry unnecessary.

Unfortunately, I had very little time to be able to address the reference or hold consultations on it. Had I been afforded that opportunity I would have advised those supporting the motion that paragraphs (e) and (f) seem to be matters that should be dealt with by the relevant state authority and not matters that the Commonwealth should inquire into. Paragraphs (a) to (d) are clearly matters that raise concern. I expect Senator Fielding, having looked at that issue in detail, would acknowledge that the government has looked at acting to ensure that how-to-vote cards are dealt with in an appropriate manner and that the matter will be dealt with during the June sitting. If those amendments were to be a standalone bill, I would ask the opposition to indicate that they would not oppose any cut-off motion so that we can also deal with them.