Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Electoral Commissioner v McQuestin [2024] FCA 287 File number(s): VID 78 of 2023
Judgment of: O'BRYAN J
Date of judgment: 26 March 2024
Catchwords: ELECTIONS – where respondent admitted contraventions of s 321D(5) of Commonwealth Electoral Act 1918 (Cth) by failing to ensure newspaper advertisements notified particulars in compliance with s 11(3) of the Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021 (Cth) – consideration of the appropriate form of declarations – determination of civil penalty – where number of contraventions of s 321D(5) in dispute – whether contraventions occurred each time contravening advertisement authorised for publication, or each time published
Legislation: Australian Securities and Investments Commission Act 2001 (Cth) Commonwealth Electoral Act 1918 (Cth) ss 314B, 321B, 321C, 321D, 384A Commonwealth Electoral (Authorisation of Voter Communication) Determination 2021 (Cth) s 11 Competition and Consumer Act 2010 (Cth) Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) s 191 Regulatory Powers (Standard Provisions) Act 2014 (Cth) s 82, 85, 86
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union (2017) 254 FCR 68 Australian Building and Construction Commissioner v Pattinson (2022) 274 CLR 450 Australian Competition and Consumer Commission v Danoz Direct Pty Ltd [2003] FCA 881; (2003) 60 IPR 296 Australian Competition and Consumer Commission v EnergyAustralia Pty Ltd [2015] FCA 274 Australian Competition and Consumer Commission v Hillside (Australia New Media) Pty Ltd trading as Bet365 (No 2) [2016] FCA 698 Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Australian Competition and Consumer Commission v Reckitt Benckiser (Australia) Pty Ltd [2016] FCAFC 181; (2016) 340 ALR 24 Australian Securities and Investments Commission v La Trobe Financial Asset Management Ltd [2021] FCA 1417; (2021) 158 ACSR 363 BHP Billiton Iron Ore Pty Ltd v National Competition Council (2007) 162 FCR 234 Electoral Commissioner of the Australian Electoral Commission v Laming (No 2) [2023] FCA 917 Flight Centre Ltd v Australian Competition and Consumer Commission (No 2) (2018) 260 FCR 68 IMF (Australia) Ltd v Sons of Gwalia Ltd [2004] FCA 1390; (2004) 211 ALR 231 Nezovic v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 190 Rural Press Ltd v Australian Competition and Consumer Commission (2003) 216 CLR 53 Smith v Oldham (1912) 15 CLR 355
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