Tony Abbott and Joe Hockey must be hoping that very few voters have any understanding of the basic principles of statutory interpretation. Any who did would instantly realise that the Coalition’s promise to amend the Electoral Act to force unions to repay the Australian Electoral Commission for the costs of running union ballots effectively renders completely meaningless Abbott’s more general promise not to change Labor’s Fair Work Act. The latter is, of course, designed to negate Labor’s scare campaign that the Coalition has secret plans to resuscitate Work Choices.
The parties currently seem to be engaged in a game of duelling senior counsel, with Labor trotting out Bret Walker SC to assert that “if the Coalition changed the Electoral Act, it would be impossible not to affect the Fair Work legislation …” while the Coalition relies on academic constitutional lawyer Andrew Lynch:


Aquila, 2009 