Compliance & Enforcement Activities

Summary of authorisation investigations

The following tables summarise communications of election matter that did not comply with authorisation requirements in s 321D of the Electoral Act and/or the Authorisation Determination for each by-election event. Each table notes the persons or entities warned and the outcomes of those correspondence.

For information on other compliance and enforcement activities, see more.

2024 Cook by election:

Issue of writ till polling day - 11 March and 13 April 2024

Date of breach(es)

Entity

Communication type

Alleged breach

Outcome

5-April-24  

Australian Greens   

Print

Technical Breach

Resolved – authorisation amended  

5-April-24 

Libertarian Party

Print

Technical Breach

Resolved – authorisation amended  

13-April -24  

Animal Justice Party

Print  

Technical Breach

Resolved – noncompliant confutes removed  

2024 Dunkley by election:

Issue of writ till polling day - 29 January and 2 March 2024

Date of breach(es)

Entity

Communication type

Alleged breach

Outcome

26-Feb-24

Australia First Party

Print

Unauthorised electoral matter

Resolved – ceased future distribution

1-Mar-24

Individual Elector

Social media

Unauthorised paid-for electoral matter

Resolved – paid-for post removed

5-Feb-24

Labor candidate 

Social media

Unauthorised electoral matte

Resolved – authorisation amended

14-Feb-24

Independent candidate 

Social media

Unauthorised electoral matter

Resolved – authorisation amended

19-Feb-24

Australian Democrats candidate 

Social media

Unauthorised electoral matter and technical breach

Resolved – authorisation amended

19-Feb-24

Australian Democrats

Video podcast

Unauthorised electoral matter and technical breach

Resolved – authorisation amended

20-Feb-24

Australian Democrats

Print

Technical breach

Resolved – authorisation amended

22-Feb-24

Victorian Socialists candidate

Print

Technical breach

Resolved – authorisation amended

26-Feb-24

Liberal Party (Victorian branch)

Social media

Unauthorised paid-for electoral matter

Resolved – paid-for post removed

2-Mar-24

Video published by The Guardian

Video

Unauthorised electoral matter

Resolved – video removed

2-Mar-24

Labor candidate 

Social media

Unauthorised electoral matter

Resolved – video removed

2-Mar-24

Community and Pharmacy Support group

Print

Technical breach

Resolved – ceased future distribution

2-Mar-24

Animal Justice Party

Social media

Technical breach

Resolved – ceased future distribution  

2023 Fadden by election:

Issue of writ till polling day - 12 June and 15 July 2023

Date of breach(es)

Entity

Communication type

Alleged breach

Outcome

13-Jul-23

Labor Party

Text messages

Section 329 – misleading

Resolved –ceased further distribution

10-Jul-23  

Labor Party

Print

Technical Breach

Resolved – authorisation amended  

2023 Aston by election:

Issue of writ till polling day - 27 February to 1 April 2023

Date of breach(es)

Entity

Communication type

Alleged breach

Outcome

10-Mar-23

Labor Candidate

Print

Technical Breach

Resolved – authorisation amended

14-Mar-23

Labor Party

Social media

Technical Breach

Resolved –ceased further distribution

27-Mar-23 

Labor Party

Website  

Technical Breach

Resolved – authorisation amended

27-Mar-23 

Fusion Party

Social media

Unauthorized electoral matter

Resolved – authorisation amended  

31-Mar-23 

Labor Party Victoria division

Print

Technical Breach  

Resolved – non-compliant confutes removed  

31-Mar-23  

Pharmacy Guild

Telephone

Technical Breach

Resolved –ceased further distribution 

A technical breach refers to where the authorisation particulars included details allowing members of the public to identify the person or entity communicating the electoral matter, but the authorisation was not compliant with the technical requirements of s 321D of the Electoral Act and the Determination. For example:

  • the address of the disclosure entity identified in the authorisation did not include the State or Territory or
  • the authorisation contained the particulars required under s 321D and the Determination but was not located at the end of the communication.
Updated: 16 April 2024