I have been forced to forward this to the office of Premier Carr for his attention.

            I am well aware that the Electoral Commissioner John Wasson is answerable only to the Governor General.

I am wrongly advised in writing by the Returning Officer for Peats Ron Alchin, acting he says on the advice of the Electoral Commissioner John Wasson?

Both Labor and Liberal Coalition are running with law and order as part of their platform, to me it is obvious that selective application of the law is the preferred method of canvassing votes.

Chris Hartcher has been given the same Email sent to Gosford Council, the Electoral Commissioner and John Brogden. They LIBERAL are aware that the campaign in Peats running outside the Law, with the apparent cooperation of people who are paid to know better. Do you intend to continue to allow this? And if so why Premier?

 Dear John Wasson. (Electoral Commissioner)    from     Edward James THE FACTORY POB 3024 UMINA 2257

                        Your written advice Monday 2.53 pm. 10/3/2003  that: that as far as the Parliamentary Electorates and Elections Act 1912 is concerned, there is no problem with the Debra Wales sandwich board, as situated in the photos that you attached to your email.

                        I draw your attention to the Parliamentary Electorates and Elections ACT 1912 -41 Section 151B Exhibitions of posters. I dont intend to canvas the complete section, just those few points you may have missed.

(2A) A person shall not post up, or cause to be posted up, a poster:

(a)     on or within any premises occupied or used by, or under the control or management of :

(i)                  the Crown, any instrumentality or agency of the Crown, or any statutory body representing the Crown or any other body prescribed by the regulations as a statutory body representing  the Crown, or

(ii)               any local authority, or..

These definitions are Quotes from this Act, and therefore I believe that advice I received from you through Ron Alchin returning office for PEATS is in error. After several attempts to have you explain your written advice. I have the opinion that your effort is nothing less than a lazy and clumsy attempt to mislead me, and from a person in your position Mr. Wasson Electoral Commissioner,  I take it as a assault on my Constitutional rights to good government!

local authority means a council or a county council within the meaning of the Local Government Act 1993

poster means any electoral matter printed, drawn or depicted on any material whatsoever and where any electoral matter is printed, drawn or depicted in sections, such sections, both severally and collectively, shall be deemed to be a poster.

premises includes any structure, building, vehicle or vessel or any place                , whether built on or not , and any part thereof.

the prescribed size means an area that is not more than 8000 square centimeters.

Your representative when speaking with me (Possibly Monica Floyde) had at that time my agreement that the location depicted in the photo was not premises. NOTE For the purpose of this ACT the Footway is premises.  The placement of those two sandwich boards in that particular garden is illegal with reference to the Local Government Act 1993 Sections 626, 627, 629.  The Summary Offences Act 1988 Section 9.  And The Parliamentary Electorates and Elections Act 1912. 41

I have referred to several legal dictionaries in my attempts to understand this and other Acts that is wrongly applied in what seems to be an attempt to deny the people and my father their entitlements under the Commonwealth of Australia Constitution Act 1901.

Although I do not have an understanding of the compleat Parliamentary Electorates and Elections Act 1912 41,  I would be surprised that any candidate who is evidenced by their activity to be canvassing for votes by acting outside the law, would remain eligible to vote.  I presume that in the event they were breaching the ACT they also loose entitlement to stand as a candidate.

Section 149 treating.  I believe that Debra Wales as a Councilor on Gosford council, and whilst promoting herself in the public press as the Main Street Coordinator. Did not exercise the expected due care and diligence in the conduct of her civic duties.  Along with another councilor Chris Holstein who is also a candidate for the seat of PEATS in NSW. They did unlawfully allow the continued use of public property by people carrying out commercial activities without compliance with all existing Law and Policy known to them and in place at the time. My concern that the law was not properly applied particularly with regard requirements for insurance in the amount of ten million dollars in each instance that an accident may occur,  the requirement for which is written into the Footway Leasing and Outdoor Eating policy City of Gosford  April 1998.  I believe is evidence enough to show that select people in the business community have received the benefit of selective enforcement of the law.  There by allowing unfair business opportunity for them.  For what I believe would be the return benefit of support at the ballot box, in payment for using civic position to circumvent the proper application of the law. Councilor Wales in her position as Main Street Coordinator frequented premises that did not and still do not comply with the Local Government Act and the aforementioned policy. It is my sincere belief that council should not have voted to continue an activity that is in breach of the law, and that any insurance that is existent cannot be expected to provide where the law is known to be broken by those authorizing the illegal activity and at the same time a party to the insurance. These concerns have been raised in writing with the Department of Local Government, Ministers and other responsible officials.

                Edward James  0418486260  Please acknowledge receipt to eja25346@bigpond.net.au