Kiefel CJ Bell J Keane J Nettle J Gordon J Edelman J 13. No imprimatur or partiality in publication of TCP Information 40 Contrary to the plaintiffs' submission, publication of the TCP Information does not constitute the Commission giving any imprimatur to any particular candidate or outcome. As a matter of statutory construction, the Indicative TCP Count is a prediction after the close of polls. The TCP Candidates remain secret in those Divisions where polls have not yet closed. It is only after the close of polls in a Division that the prediction is made public. And the progressive results that are published by the Commission are based on the votes cast and counted. Publication does not constitute any expression of opinion by the Commission about the desirability of the results that are published. It is not an expression by the Commission of any opinion favouring one candidate over another and, thus, is not a form of partiality. 41 Indeed, the Commission is alert to the need to avoid any appearance of partiality: it explained as early as 1996 that the identification of the TCP Candidates is not made public prior to polling day "so as to ensure that the [Commission] is not seen to be giving any public endorsement to the perceived popularity of any candidates contesting the election"37. Statutory challenge 42 As the factual foundation for the plaintiffs' statutory challenge has not been established, it remains necessary only to address the contention that the release of the TCP Information before close of polls nationally is not authorised by the Electoral Act. 43 The Indicative TCP Count is a predictive statutory exercise that will best provide an indication of the candidate most likely to be elected for a Division in the House of Representatives. The Attorney-General of the Commonwealth submitted that publication of the TCP Information was authorised under s 274(2A). It may be accepted that that sub-section, with its reference to "best provide an indication", recognises that the TCP Information can be, even should be, published. But, be that as it may, the functions given by s 7 of the Electoral Act to the Commission to "promote public awareness of election and ballot matters" and to "publish material on matters that relate to its 37 Australian Electoral Commission, "Election 96: the votes and the count" (1996) 55 Electoral Newsfile 1 at 2.