Independent Wentworth MP Allegra Spender is questioning the Australian Electoral Commission’s (AEC) decision not to identify the sole offender behind the distribution of more than 47,000 unauthorised pamphlets.
The AEC first became aware of the matter late last week after residents who had received the pamphlets complained.
An investigation has been ongoing with cooperation from Spender.
In an update overnight, the AEC said it has identified an individual behind the unauthorised material but would not reveal their name at this time.
“To date, our investigation has only identified evidence that this individual has acted alone, and the individual concerned has confirmed this is the case,” the AEC said.
“There is no evidence to indicate that they are or have ever been affiliated with any political party or candidate currently contesting the election for the Division of Wentworth.”
The AEC has sought and received a written undertaking from the person responsible that they will not distribute any more copies of the material or any other unauthorised electoral material during the federal election period, which ends after voters head to the polls on May 3.
“The AEC accepts this undertaking and at this stage does not consider an injunction is required,” the AEC said.
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The AEC is also considering legal options and whether to seek civil penalties, but will make a decision on its next move after the election.
Spender said she was concerned about the AEC’s decisions not to identify the offender and delay any legal action until after the election.
She said she is requesting that the AEC either reconsider or explain its reasons.
“This pamphlet made false and defamatory claims against me and deliberately flouted the Australian Electoral laws regarding the authorisation of election material,” she said.
“The purpose of the law on authorisation is to ensure voters can identify the source of election messages.
“It is not clear to me why, in this case, the AEC will not identify the source of this offensive material, which has already been widely distributed in pamphlet form and widely circulated in community chat groups.
“How can voters consider the source if the AEC will not identify that source?”
It was the second time the Spender campaign was attacked last week after her corflutes were cut down and damaged throughout the electorate on Tuesday.
The AEC reminds voters to stop and consider the source of all messages relating to the upcoming federal election.