Source: Australian Jewish News, October 12th, 2012
LOCAL GOVERNMENT ACT, 1989
Section 55B
Heading to electoral advertisements
The proprietor of a newspaper must cause the word “advertisement” to be printed as a headline in letters not smaller than 10 point to each article or paragraph in the proprietor’s newspaper containing electoral matter, the insertion- (a) of which is, or is to be, paid for; or (b) for which any reward or compensation or promise of reward or compensation is, or is to be, made.
Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units.
Section 56(2)
A person must not-
(a) print, publish or distribute; or
(b) cause, permit or authorise to be printed, published or distributed-
a how-to-vote card which is not a registered how-to-vote card and which contains a representation or purported representation of an endorsement in the prescribed manner.
Penalty: 60 penalty units.
3) In a prosecution of a person for an alleged offence against subsection (1) or (2), it is a defence if the person proves that the person did not know, and could not reasonably be expected to have known, that the card was not a registered how-to-vote card.
Glen Eira Debates 
October 17, 2012 at 7:26 PM
The law talks about a HTV card. This is clearly an advertisement not a card.
The newspaper may cop something for failing tonclude the word “advertisement”. I doubt that the candidates will have much to worry about. These laws are designed to stop deception. There is no deliberate deception going on here. These sort of claims go on at every election. Not much comes all the allegations.
October 17, 2012 at 7:36 PM
Whether or not Lipshutz squirms his way out of this is beside the point. It’s up to the inspectorate to decide the punishment. Sure it’s an ad but the reminder to put a number in every box would imply that these are how to vote cards. If they are, then they have to have the registered bit by the electoral officer at the bottom. None of them do. I’m not even sure if one name to cover 4 mock voting cards is legit. Lipshutz hasn’t authorised all 4 cards I would think so we’re in the shonky advertising business again.
Don’t forget that he’s been there and done that before. It’s his third election and he and Hyams are supposed to be lawyers. They should know better so they can’t claim ignorance of the law.
October 17, 2012 at 7:30 PM
These four are trying to create a Jewish divide in Glen Eira that is already tense. Local candidates should not be based on religious grounds. For Christs sake, haven’t we all moved on?
October 18, 2012 at 12:47 PM
Couldn’t agree more Anon this is NOT A RELIGIOUS VOTE, it’s what’s best for our community as a whole. They would be up in arms if it was the opposite and preached as an anti-Jewish vote. Just because you are Jewish doesn’t make you a good candidate. LET’S VOTE ON WHO THE BEST CANDIDATES ARE REGARDLESS OF THEIR RELIGION!
October 18, 2012 at 3:32 PM
No they are not. If they were, why isn’t Buch, Weil or Spiegel in the how the vote? I question the motive of these comments !!!!!!
October 17, 2012 at 7:32 PM
Glen Eira you should check the laws carefully. To publish material alleging candidates are behaving unlawfully is wrong. This is an advertisement. As long as they do not distribute it within 600 metres of a polling place it is OK.
October 17, 2012 at 7:47 PM
Dear Anon,
we have cited THE LAW! The sections quoted apply here and there is no mention of 600 (although the act refers to only 400 metres) from a polling booth. The heading for the most pertinent section reads “distribution of electoral material”. It does not specify proximity to election booths, nor election day.
As for “alleging” anything – we are simply asking a question. It is for readers and more importantly, the authorities to decide what is right and what is wrong. This is not the first time in this election campaign that the rules have not been adhered to. Mr De’Ath’s flyers have gone out without authorisation as well. Coincidence? Accidents? Printer’s mistakes? Again, we will leave everything in the capable hands of those responsible for overseeing and administering the relevant rules and legislation.
October 17, 2012 at 7:59 PM
Isn’t it ironic that these big stuff ups are by the lawyer candidates. Mind you, three of these (pilling is missing) did draft the useless Caulfield Racecourse agreement. Suggest we need better candidates and better lawyers.
October 17, 2012 at 8:45 PM
The good thing about this advertisement is that we get to know who the stooges are.
October 17, 2012 at 8:53 PM
If the shoe was on the other foot and Penhalluriack had put out a similar paid add you could bet your house that this gang would be jumping up and down and screaming blue murder. I don’t see any excuses here. The paper should know better and they must have their own lawyers to vet things and Lipshutz and Hyams have got no possible excuse on earth.
October 17, 2012 at 9:33 PM
Frank has done enough with the boarding house, the mulch and the VCAT business. Be good for him if he kept his head down for a while.
October 17, 2012 at 10:05 PM
Think he might get in trouble for the election board he has put up without permission next to Elsternwick Station?
October 18, 2012 at 8:02 AM
Is that Frank’s wife on those big signs?
October 17, 2012 at 9:09 PM
Really written and authorised by A. Newton, Elsternwick
October 17, 2012 at 11:49 PM
A grand quartet all claiming to be community minded. Please, please, please, somebody tell me one single thing that Esakoff has achieved in her 9 years on council and what’s Lipshutz done that’s worked out right after his 7 years. I’m all ears.
October 18, 2012 at 8:01 AM
You simply do not understand the role of Local Government and how it functions. No individual can do anything on a council. Robert Doyle likes to give the impression he runs Melbourne. He has one vote. The rest is spin and bull***t. Dick Gross tried to run Port Phillip like a despot. Didn’t work out for him. The Council provides dozens of services from Aged care to child care. Got a pretty happy bunch of people using the Seniors facilities. You obviously are not connected or use any of the services that are provided. They are all pretty good.
October 18, 2012 at 11:00 AM
now go ask them what they think of the traffic and parking – you might also like to ask about over shadowing and how it has impacted their garden
October 18, 2012 at 11:06 AM
Well actually anon – we beg to differ. Its a well known fact that its a numbers game- the 5 councillors ‘group think’ (all Libs) gang together & make all the decisions (because the’re the majority) and if the CEO happens to be in the ‘group think gang’ – its all over!
October 18, 2012 at 11:38 AM
You should talk to an old couple round the corner from me and ask them about aged services and home help and get their version of what goes on. They get buckleys and none and told that their kids should be there helping them. What a compassionate council this is.
October 18, 2012 at 12:35 AM
Poor Pilling, he thought he was part of the gang. Even went against Green Party policy to vote in C60. Used and now dumped.
October 18, 2012 at 9:28 AM
does anyone know what can be done about this? Every year they hang up signage on the fence of Caulfield Racecourse with plastic strips. All the offcuts and strips are just left on the ground to wash into the bay. Who should this be reported to? They have removed a few of these signs yesterday on the corner of Normandy and Queens Avenue and you will see loads of the strips on the footpath.
October 18, 2012 at 11:46 AM
Laws are made to be broken. Frisbee and not declaring conflict of interest.
October 18, 2012 at 12:37 PM
How can it be a conflict of interest, he didn’t know his son was playing frisbee, well I think that’s what he claims?
October 18, 2012 at 2:34 PM
“Community candidates” is the biggest con of the century. These people were sure “community” focused when they voted for C60, pathetic negotiations ongoing with the mrc, and heaps of lousy developments all over the place.