The electoral commission has backflipped on its ruling that Advance Australia's election eve automated phone calls to Canberrans criticising the independent candidate and now ACT senator David Pocock and The Canberra Times were "robocalls" and breached electoral laws.
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Advance Australia, which has links to the Canberra Liberals and former Liberal Senator Zed Seselja, admits to running the automated phone poll which it calls "legitimate and effective advertising" and has now blasted the AEC as "incompetent", accusing the electoral commission of allowing itself to be "weaponised by woke campaigns".
Five days before election day, automated calls to Canberra residents from a voice identifying themselves as "Shelly from Advance" painted the independent candidate as an "extreme Green" and encouraged a vote for his Liberal rival.
Also on the evening of May 20, the conservative lobby group directed automatic phone calls across the territory targeting this masthead for its election coverage alleging - in the form of a survey - bias towards the former Wallabies' captain.
The Senator claimed those calls were, in reality, targeting him.
The Australian Electoral Commission (AEC) previously ruled these calls were misleading and deceptive.
However, the commission has said a further investigation determined the automated calls were not robocalls.
"Following an investigation, the AEC determined that Advance Australia's calls were not robocalls and, as such, did not breach the authorisation requirements of the Commonwealth Electoral Act," a spokesperson said.
"The AEC's comments before the federal election were provided on the understanding that the calls in question may have been automated public robocalls that needed to comply with the authorisation requirements.
"Subsequent investigation confirmed that this was not the case."
Senator Pocock said he was "perplexed and disappointed" by the decision, and wants more information on the investigation.
He said he had written to the commission asking if they would prosecute Advance Australia over the calls, as well as corflutes which depicted him as a secret Greens member.
"My campaign was contacted by dozens of people across the community who had received calls from Advance Australia on the eve of the election spreading misinformation about me," the senator said.
"I would welcome further information from the AEC relating to their investigation and how they have reached this conclusion."
Advance Australia Executive Director Matthew Sheahan said the decision came six months too late.
"[Advance Australia] welcomes the incompetent AEC's admission of its own screwup, albeit six months late," he said.
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"The AEC allowed itself to be weaponised by woke campaigns around the country, which used it to target legitimate and effective advertising they didn't like.
"It was quick to stir up headlines defaming [Advance Australia] with its accusations of illegality before the election, while quietly dropping its claims and admitting its mistakes months later."
The AEC investigation found signs which depicted the then-candidate David Pocock and Warringah independent MP Zali Steggall as secret Greens candidates still breached electoral rules as being misleading and deceptive.
Former ACT senator Zed Seselja - who was ousted from his spot by Senator Pocock - denied on election day any knowledge of the automated Advance Australia calls.
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