Smith, Robert Arthur v Alison Byrne (New South Wales Electoral Commission) [2017] NSWCCA 35

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Smith, Robert Arthur v Alison Byrne (New South Wales Electoral Commission) [2017] NSWCCA 35 Hearing dates: 17 February 2017 Date of orders: 03 April 2017 Decision date: 03 April 2017 Before: Simpson JA Johnson J Fagan J Decision: 1. The time for submitting the stated case under s 5B(2) of the Criminal Appeal Act 1912 (NSW) is extended to 26 August 2016.

2. The stated case is to be returned to the District Court with the Court's reasons and with answers to the Questions of Law for Determination as follows: 3A No 3B Does not arise

3. The applicant is to pay the respondent's costs of the stated case in the amount of $6,957.62. Catchwords: CRIMINAL LAW – failure to lodge a declaration contrary to Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 96H – "party agent" responsible for lodging declaration – "registered person" under Parliamentary Electorates and Elections Act 1912 (NSW) deemed to be "party agent" by Election Funding, Expenditure and Disclosures Act, s 41(2) – whether applicant ineligible to be a "party agent" because of Election Funding, Expenditure and Disclosures Act, s 41(9) – whether the secretary of a registered party is "a person appointed to any office under the Parliamentary Electorates and Elections Act". Legislation Cited: Civil Procedure Act 2005 (NSW) Criminal Appeal Act 1912 (NSW) Election Funding, Expenditure and Disclosures Act 1981 (NSW) Election Funding and Disclosure Regulation 2009 (NSW) Interpretation Act 1987 (NSW) Parliamentary Electorates and Elections Act 1912 (NSW) Cases Cited: Clyne v Wrigley [1980] 1 NSWLR 599 R v JS [2007] NSWCCA 309 Category: Principal judgment Parties: Robert Arthur Smith (applicant) New South Wales Electoral Commission (respondent) Representation: Counsel: Mr Robert Arthur Smith, in person (applicant) Ms Georgia Lewer (respondent)