Election in Northern Territory 22 August. Its Electoral Act literally has a truth in election advertising offence. But the Electoral Commission reads it otherwise. What's up? 1/4

In 2003 a Report reviewing the electoral system (by consultants, after public submissions) recommended the NT 'consider adopting "a truth in political advertising"' offence along South Aust lines. 2/4

When Chief Minister Clare Martin introduced the relevant offence in 2004, she cryptically told Parliament "truth in advertising ... is a difficult issue. ... What we hope to do is look to the Electoral Commissioner for guidance in that." 3/4

The 2003 Bill that kicked this off also looks like a truth in electoral material offence. But linguistic nominalists would have a field day parsing the word 'thing'. Just the noun group 'advertisement, notice etc'. Or that group qualified by 'intended or likely to mislead'? 4/4+

Yet the 'untrue or incorrect statement' offence is a distinct offence. And if not 'truth in election advertising' adds nothing to the 'intended or likely to mislead/interfere [in]casting a vote' offence. 5/4+

So the NTEC's legal advice (unseen) must overturn plain literal meanings. Based on apparent lack of legislative intent to bring in major reform. And 'principle of legality' or implied freedom of political communication norms, to read the offence down. (1 more tweet!)

('Read down' means treating offences as merely limits on dodgy how-to-votes or 'voting is on Sunday' ruses. A la Evans case).
I'm unaware of anyone in NT testing the law. Which implies the parties prefer the NTEC reading. After all NT electorates sometimes hang on 50 votes or so.