Independent Senate candidate David Pocock is calling for lobby group Advance Australia to be prosecuted after signs depicting him and Warringah MP Zali Steggall as Greens were found to be in breach of federal electoral laws.
The conservative political lobby group authorised signs depicting the two independents wearing clothing containing the official logo of the Australian Greens.
The Australian Electoral Commission (AEC) on Monday said that the signs, which had appeared on trucks and corflutes, were in breach of section 329 of the Commonwealth Electoral Act.
"It is an offence to publish, permit or authorise to be published during the relevant (election) period ... any matter or thing that is likely to mislead or deceive an elector in relation to the casting of a vote," the commission said in a statement.
Mr Pocock said he welcomed the AEC's decision but was "disappointed" it took more than three weeks for it to be reached.
"In response to this decision, we have today written to the AEC requesting that Advance Australia be prosecuted for this flagrant breach of Australian electoral law," he said in a statement on Monday.
"We have received hundreds of emails, calls and messages from across the ACT outraged and confused by Advance Australia's false and misleading advertising.
"This behaviour from Advance Australia is corrosive for our democracy and underscores how critical it is that we have federal truth in political advertising laws, backed up by serious penalties, something I have been calling for over many years."
The maximum penalty for an individual found to breach section 329 of the Electoral Act is a fine of $22,200, three years in jail, or both. For a body corporate, the maximum fine is $111,000.
Ms Steggall also welcomed the AEC's ruling and urged Advance Australia to make amends.
"The damage has been done all over Warringah. It only seems fair that they issue a retraction and send it to the electorate to set things right," she said in a statement.
The AEC said Advance Australia does not agree the signs breach electoral laws.
But the organisation has agreed not to further display the signage without first providing the AEC with 48 hours' notice, to avoid legal proceedings.
