Gageler J 18. 57 GAGELER J. My reasons for having joined in the orders dismissing the application conformed in substantial measure to those now expressed by the other members of the Court. Adopting their abbreviations, I add a short explanation of my specific reasons for rejecting the plaintiffs' statutory argument. 58 The plaintiffs' statutory argument was that publication of the TCP Information for Divisions in States and Territories in Eastern Australia after close of polling there but before close of polling two hours later in Divisions in Western Australia (or even before close of polling up to an hour and a half after that in the Division which encompassed Christmas Island and the Cocos (Keeling) Islands) was beyond the power conferred on the Commission by s 7(3) of the Electoral Act. 59 The argument involved a number of legal propositions which I thought and still think to have been sound. The first was that the power of the Commission to publish the TCP Information was to be found, if at all, in the power conferred on the Commission by s 7(3) of the Electoral Act. The second was that, although s 7(3) left the Commission with a choice as to the precise timing of publication, publication at a time chosen by the Commission would not be within power if publication at the chosen time failed to meet the objective description in s 7(3) of something "necessary or convenient to be done for or in connection with the performance of its functions". The third was that publication at the time chosen by the Commission would fail to meet that description if publication at that time were found to favour, or to create the appearance of favouring, one candidate or political party over another. 60 The purpose of the Indicative TCP Count for which provision was made in s 274(2A), (2B) and (2C) of the Electoral Act was to provide an early indication of the likely result of an election. Achieving that purpose depended on the resultant TCP Information being published before the actual result of the election became known in accordance with the scrutiny for which provision was made in other sub-sections of s 274. That necessity for publication in order to render the Indicative TCP Count efficacious did not indicate that the power to publish the TCP Information was implicit in s 274(2A), (2B) and (2C). There was no need for the power of the Commission to publish the TCP Information to be found by implication in s 274(2A), (2B) and (2C) if that power was expressly conferred on the Commission by another provision of the Electoral Act. 61 The route to the power expressly conferred on the Commission by s 7(3) of the Electoral Act was through the functions of the Commission referred to in s 7(1). 62 The functions of the Commission to which s 7(1)(a) of the Electoral Act referred as "functions that are permitted or required to be performed by or under this Act" included the functions conferred by s 274(2A), (2B) and (2C) respectively on an Australian Electoral Officer, an Assistant Returning Officer

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