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As a result, the Committee concludes that s 329(2) [161(2)] should be repealed.

In its present broad scope the section is unworkable and any amendments to it would be either ineffective, or would reduce its scope to such an extent that it would not prevent dishonest advertising.

Momentum for change has been provided by the Legal, Constitutional and Administrative Review Committee of the Queensland Parliament, which released its in December 1996.

After a review process involving the production of an issues paper, the receipt of public submissions and the holding of a public hearing, a majority of the Committee found that it is both possible and desirable to legislate to prevent candidates from lying or misrepresenting facts during an election campaign.

However, this has been made difficult and may be frustrated by the guarantee of free speech in the First Amendment to the United States Constitution.

This guarantee and its interpretation by the United States Supreme Court casts doubt on the constitutional validity of truth in political advertising provisions in that country.

There have recently been suggestions that the Commonwealth Parliament's Joint Standing Committee on Electoral Matters might again argue for the introduction of such laws at the federal level.

At the State level, South Australia has introduced truth in political advertising laws, while Queensland is on the track to doing so.

The question of whether Australian Parliaments should enact truth in political advertising laws has been a recurrent theme in electoral law in recent years.

In the 1980s the Commonwealth Parliament dallied with the idea-first introducing such laws, then quickly repealing them.


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