Kiefel CJ Bell J Keane J Nettle J Gordon J Edelman J 16. 51 As the plaintiffs have not established their factual contention that publication of the TCP Information conveys "imprimatur"45, it is unnecessary to address the plaintiffs' written submission that the Commission's conduct contravened an implied statutory limitation against partiality. A deviation from a statutorily prescribed course might say something about the validity of the exercise of a statutory power46, but that does not arise here. Constitutional challenge 52 What has been said earlier about the factual bases on which the case proceeded is reason enough to reject the plaintiffs' arguments that publication of the TCP Information in relation to a Division, after the polls in that Division had closed but before the polls had closed throughout the nation, is unconstitutional. 53 There is no factual foundation for the plaintiffs' contention that the publication of the TCP Information, while the polls remained open in any part of the nation, "would impermissibly distort the voting system in a manner that would compromise the representative nature of a future Parliament", contrary to the constitutional mandate for direct and popular choice in ss 7 and 24 of the Constitution47. 54 In particular, the agreed fact that there was no practicable means, in the time available before the 2019 election, to quantify the extent or likelihood of the effect, if any, on the electoral choices of voters who became aware of the identity of the TCP Candidates in any Division or the results of the matched polling place projection or the Indicative TCP Count in any Division – if they had not already voted and when polls were still open in the Division in which they were electors – means that there is no basis for the plaintiffs' complaint. 55 Moreover, the Indicative TCP Count and the publication of the TCP Information prior to the polls closing across the nation do not imply the 45 See [40]-[41] above. 46 See Isbester v Knox City Council (2015) 255 CLR 135 at 146 [21], 153 [49]; [2015] HCA 20. 47 See generally Commonwealth Freighters Pty Ltd v Sneddon (1959) 102 CLR 280 at 292; [1959] HCA 11; Breen v Sneddon (1961) 106 CLR 406 at 411; [1961] HCA 67.

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