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Craig Kelly doubles down on interpretation of font size in legal stoush with AEC
Former MP Craig Kelly’s legal fight with the Australian Electoral Commission over the font size on his election posters has wrapped up with a final argument from his barrister that the burden in political advertising is disproportionate and unrealistic.
Naomi Neilson
The Australian Electoral Commission (AEC) has taken Mr Kelly to the Federal Court seeking a maximum penalty of $26,640 for what they claim was non-compliance in his political posters in April last year.
Appearing for Mr Kelly, Dr Christopher Ward, told the court during his closing submissions that the AEC is “living in Utopia where absolute perfection is required, which is absolutely unrealistic”.
He added Mr Kelly “thought he was providing signs which were legible and that satisfied his understanding of what was required”.
The Federal Court was told earlier that Mr Kelly attempted to ask the AEC where the offending posters were located but was not given an answer, which Justice Michael Lee said was not an “appropriate way for the regulator to behave” if they wanted changes made.
Dr Ward added Mr Kelly was also “asked to guess at what range legibility is to be determined” and had the first round printed with the size eight font because he trusted the graphic designers to know.
Dr Ward also argued there was some confusion on the AEC’s part about the legibility of parts of Mr Kelly’s posters.
“My learned friend has repeatedly swung between various formulations of potential legibility,” Dr Ward said.
“Quite some effort in cross-examination was spent asking Mr Kelly about the decision that he took to emphasise the size and contrast of the words ‘Craig Kelly’ [on the poster] and the suggestion was made that if a sign had to be read as a whole, perhaps the authorisation had to be read as legible as the main message.
“It is of course possible to create an authorisation that is legible from whenever distance the body of the sign is also legible.”
Justice Lee has reserved his decision.
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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