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CFMEU misleading billboard re temporary overseas workers
Migration Alliance members will be interested to see a picture of a billboard Dave Noonan and the CFMEU have released in Geelong.
From my perspective this is misleading electoral material. Migration Alliance condemns this advertisment. In our opinion, Abbott has never said he supports temporary overseas workers over locals. The suggestion that he has said that or indicated that is just ridiculous.
In my opinion this is just a beat up by the CFMEU to win votes for the Labor party.
To complain about the truth of this CFMEU 'temporary overseas workers' advertisement please contact the Australian Electoral Commission media unit on the email below. This email address is being protected from spambots. You need JavaScript enabled to view it.
11:26am addition to this post:
I have just received an email from Anthony L Clarke, a fellow migration agent regarding a project that he has been involved in for many years about industrial hemp and how the Labor Party have sought to stop it, whereas the Liberals have been supportive. Liberals-and-HEMP.pdf
Comments
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Wednesday, 14 August 2013My complaint to AEC:
I refer to the CFMEU advertisement in Geelong to the effect that Tony Abbot supports 457 visa holders over local people.
That advertisement is untrue and is false and misleading advertising.
It is completely disgraceful that this lie is being perpetrated by Dave Noonan and the CFMEU.
I want to have the CFMEU prosecuted for this lie and for the advertising to be removed.
Yours faithfully
Christopher Levingston
BA. LLB. Accredited Specialist (Immigration Law)
RMA #9301108
Principal Solicitor
Christopher Levingston and Associates
Level 1, 73 York Street, Sydney 2000 NSW Australia
Tel +61-2-9290 2633 Fax +61-2-9290 2191
Website: http://www.levingston.com.au/
Email: christopher@levingston.com.au -
Wednesday, 14 August 2013My comment is....the concern that I have (and I am sure many others do too) as a migration agent about the unnecessary fee hike yet again this year by DIAC. Is this just about assisting the current (not for long I hope) government top up that huge budget deficit OR is there something more sinister going on? Is the DIAc trying to find a way of sending a message to our clients about not using migration agents or it is going to get too expensive for you...just do it yourself!
I am ashamed to say that I once worked there and there are currently many ex-DIAC staff shaking their heads in disbelief at the DIAC attitude towards our clients and specifically towards the RMA profession. -
Wednesday, 14 August 2013
Response received from the Australian Electoral Commission in record time (permission obtained to publish). Looks like Noonan knows how far to bend the law and get away with things:
Ms Liana Allen
I refer to your email of today’s date in which you raise a concern about the contents of an advertisement that had been published on a billboard in Geelong. I have been asked to reply to your email on behalf of the Australian Electoral Commission (AEC).
You have also raised the issue about truth in electoral advertising and that various statements made in the advertisement are misleading and deceptive. You have also asked that the AEC investigate this matter and take action to have the advertisement removed.
Unfortunately, the AEC is unable to take any action in this matter as the advertisement does not breach any provision of the Commonwealth Electoral Act 1918 (Electoral Act). Let me explain the reasons for this conclusion.
Section 329 of the Electoral Act provides that:
329 Misleading or deceptive publications etc.
(1) A person shall not, during the relevant period in relation to an election under this Act, print, publish or distribute, or cause, permit or authorize to be printed, published or distributed, any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote.
(4) A person who contravenes subsection (1) is guilty of an offence punishable on conviction:
(a) if the offender is a natural person—by a fine not exceeding $1,000 or imprisonment for a period not exceeding 6 months, or both; or
(b) if the offender is a body corporate—by a fine not exceeding $5,000.
(5) In a prosecution of a person for an offence against subsection (4) by virtue of a contravention of subsection (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the matter or thing was likely to mislead an elector in relation to the casting of a vote.
Note: A defendant bears a legal burden in relation to the defence in subsection (5) (see section 13.4 of the Criminal Code).
(5A) Section 15.2 of the Criminal Code (extended geographical jurisdiction—category B) applies to an offence against subsection (4).
(6) In this section, publish includes publish by radio, television, internet or telephone.
Section 329 of the Electoral Act refers to advertising material that is published during the “relevant period”. This period is defined in section 322 of the Electoral Act as being the period between the issuing of the writs for an election and polling day. The elections writs were issued on 5 August 2013. Accordingly, this provision has now commenced operation.
However, when the Parliament considered the Political Broadcasts and Political Disclosures Act 1991 it was specifically determined that the Electoral Act (and therefore the functions given to the AEC) should not regulate the content of electoral advertising but rather to only ensure that electors are clearly informed of the source of that advertising. The continuing debate about truth in electoral advertising clearly indicates that the AEC presently has no power to deal with such matters.
The AEC has been given a limited power to address “misleading and deceptive” “electoral advertising” in subsection 329(1) of the Electoral Act. However, the High Court of Australia in the case of Evans v Crichton-Browne (1981) 147 CLR 169 commented that this power is not aimed to regulate the content of political messages directed at influencing the choice of preferred candidates or parties by voters, but merely to regulate publications and broadcasts that are directed at influencing the way in which a ballot paper is actually marked. The AEC is bound by the decision of the High Court in that case.
This High Court case was specifically followed by the Federal Court in several cases in 2010 including Faulkner v Elliott [2010] FCA 884 and Peebles v Honourable Tony Burke [2010] FCA 838. At paragraph 10 of the decision in the Peebles case the Court stated that:
“It is clear from reading the entire reasons for judgment of the High Court in Crichton-Brown that the prohibition in s 329 concerns misleading or deceptive conduct which might affect the process of casting a vote rather than the formation of the political judgment about how the vote will be cast. That is, the section concerns conduct which might, for example, lead a voter either to fail to record a valid vote or to record a valid vote but not for the candidate or candidates of the voter's choice. An obvious example would be information which told a voter how to go about completing the ballot paper which was wrong and would result in the casting of an informal vote.”
The AEC is of the view that the advertisement described above and about which you have lodged a complaint merely goes towards the "formation of the judgment" as to who to vote for, rather than the actual act of marking the ballot paper. The AEC notes that the distinction between these two things is a question of fact and degree, but concludes that in the present circumstances the distinction appears to be very clear.
Accordingly, the AEC has no power to take any action in this matter. The AEC is not able to ignore the various Court decisions that have clearly and consistently limited the scope of the offence contained in section 329 of the Electoral Act. The Parliament is aware of the various Court decisions and has not amended this section to take account of those decisions.
I trust that the above information is of assistance. Thank you for bringing your concerns to the attention of the AEC
Yours sincerely
Paul Pirani | Chief Legal Officer
Legal & Compliance Branch Executive | Legal & Compliance Branch
Australian Electoral Commission
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Wednesday, 14 August 2013
My complaint by email today:
Dear AEC,
I refer to the billboard in Geelong put up by Dave Noonan and CFMEU as informed below.
Kindly look into this as it is quite clear that this sort of abuse of privilege by Dave Noonan and CFMEU as community leaders in our country must be challenged and resisted if we are to ensure the goodness of democracy and fair play in our politics are preserved.
Please as AEC, we look to you to stop such disinformation which will misled the general public. We look to you to get all parties to do the right thing on behalf of all the good people of Australia. As individuals, without AEC, we are quite helpless on such matters. Thank you.
Yours faithfully,
Charles Wu
MARN 9904416
Charles Wu CA (Australia), CPA(Singapore), ACA(England & Wales)
MARN 9904416, Member of Migration Institute of Australia
Australian Immigration Pty Ltd
Suite 5, Riverton Professional Centre, 365 High Road, Parkwood, Western Australia 6147
Mob: +61 403 303 919 (face-time enabled) | +65 9794 7155
Landline: +61 8 9354 3788 Fax: +61 8 9354 2877 Skype: Charles.wu2 -
Thursday, 15 August 2013
The best place to lodge the complaint from here is with Advertising Standards. If Dave Noonan thinks it is ok to vilify temporary workers on a billboard then I will be making a complaint. Here is the link: http://www.adstandards.com.au/lodge-complaint
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Thursday, 15 August 2013
Nope, Advertising Standards cannot help and have directed me to the ACCC in Victoria. I will continue to complain about the billboard which is INCORRECT. Please could you help me by complaining to the ACCC. https://www.accc.gov.au/contact-us/contact-the-accc/consumer-complaint-form
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Thursday, 15 August 2013
My complaint against the CFMEU billboard has been lodged with the Victorian ACCC. Next step...ACMA. More details to follow.
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Thursday, 15 August 2013
Please find the ACMA online complaint form if you want to make a complaint about this billboard. To lodge the complaint about this the URL is www.twitter.com and the link to provide to ACMA regarding the tweet that Dave Noonan sent with the online content is:
https://twitter.com/DaveNoonanCFMEU/status/367240978500820993/photo/1
Provide both links to the ACMA. False and misleading advertising must be stopped. -
Thursday, 15 August 2013
This is now getting ridiculous. Latika Bourke has just released this on twitter via her handle @latikambourke: PM Rudd - wants to focus on major boost in Chinese tourists to Cairns as part of Northern QLD plan. Mining for Mackay
My response is this:
@latikambourke Then maybe he should ask @DaveNoonanCFMEU to stop running an anti-foreign worker / 457 campaign across the rest of Australia.
The left hand doesn't know what the right hand is doing. -
Friday, 16 August 2013
You may wish to make a report to the Australian Human Rights Commission who can investigate and resolve complaints of discrimination, harassment, racial hatred and bullying based on a person’s race, including colour, descent, national or ethnic origin and immigrant status. You can make a complaint via their website (http://www.humanrights.gov.au/complaints-information).
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Monday, 19 August 2013
Although ostriches do not bury their heads in sand, contrary to popular belief, Dave Noonan should make an exception, bury himself on Eastern Beach and stay there at least until 7 September, to save Australians from other similar paltriness as his Geelong billboard!
That is not a mare “misleading electoral material”; it is a frontal attack on Tony Abbot and a straight forward prejudicial treatment of overseas temporary workers! Noonan seems to forget that Australia’s people are migrants or descendants of migrants!
The billboard should go down!
Alex Spatarel
MARN 0401432 -
Monday, 19 August 2013
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Monday, 19 August 2013
Tony Sheldon has just called Migration Agents Unscrupulous Migration Agents again.... http://news.ninemsn.com.au/national/2013/08/14/13/55/union-calls-for-457-visa-improvements
Immigration blog
Here is a copy of the complaint I sent to the AEC:
To the media manager at the AEC
I am disappointed to see that Dave Noonan and the CFMEU have put a billboard up in Geelong which is factually incorrect about the Hon Tony Abbott.
This is false information and misleading during an election campaign.
Attached is a copy of the picture Mr Noonan is tweeting today. The billboard is in my opinion xenephobic and intolerant of overseas temporary workers. I believe overseas temporary workers in that area might feel quite threatened / intomidated by such a billboard and not welcome.