Kiefel
CJ
Bell
J
Keane
J
Nettle
J
Gordon
J
Edelman J
15.
public awareness of election and ballot matters" and to "publish material on
matters that relate to its functions"40.
48
That conclusion is consistent with both the 1990 and 1992 reports of the
JSCEM and the extrinsic materials which record that the purpose of the
Indicative TCP Count was to provide the public with an early indication of who
was most likely to be the elected candidate41. There would be no point to the
Indicative TCP Count if the count was not made public until the actual count was
completed.
49
In any democratic vote, electors would expect to have information about
the vote made publicly available, in the interests of transparency, in order to have
confidence in the maintenance of the electoral system chosen by the Parliament
in the exercise of its legislative power with respect to federal elections42, and to
achieve "promptitude, certainty and finality in the declaration of the poll"43.
50
Thus, the Commission has power under the Electoral Act to publish the
TCP Information. Once the Commission has the power, the issue of how it is
preferable for that power to be exercised is not a matter for the Court44. It is
possible that questions as to the limits to that power might arise, but they do not
in this case.
40
Electoral Act, s 7(1)(c) and (f).
41
See [27]-[29] above.
42
See Smith v Oldham (1912) 15 CLR 355; [1912] HCA 61; Mulholland v Australian
Electoral Commission (2004) 220 CLR 181; [2004] HCA 41; Spence v Queensland
(2019) 93 ALJR 643; 367 ALR 587; [2019] HCA 15.
43
Murphy (2016) 261 CLR 28 at 89 [184].
44
See generally Kioa v West (1985) 159 CLR 550 at 622; [1985] HCA 81;
Attorney-General (NSW) v Quin (1990) 170 CLR 1 at 35-36; [1990] HCA 21.
See also, in different contexts, Actors and Announcers Equity Association v
Fontana Films Pty Ltd (1982) 150 CLR 169 at 188; [1982] HCA 23; Minister for
Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 47-48; [1986]
HCA 40; Abebe v The Commonwealth (1999) 197 CLR 510 at 579-580 [195];
[1999] HCA 14; NAIS v Minister for Immigration and Multicultural and
Indigenous Affairs (2005) 228 CLR 470 at 477-478 [14]-[15]; [2005] HCA 77.
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