High Court of Australia

Unions NSW v New South Wales [2013] HCA 58

88 ALJR 227; 304 ALR 266

18 Dec 2013

Case Number: S70/2013

Before

French CJ, Hayne, Crennan, Kiefel, Bell, Keane JJ

Catchwords

Constitutional law – Implied freedom of communication on governmental and political matters – Section 96D of Election Funding, Expenditure and Disclosures Act 1981 (NSW) ("EFED Act") prohibits political donations unless made by individual enrolled on roll of electors – Section 95G(6) of EFED Act aggregates expenditure by political party and affiliated organisations for purposes of cap on electoral communication expenditure – Whether political communication at State level can effectively burden federal implied freedom of communication – Whether ss 96D and 95G(6) effectively burden implied freedom of communication – Whether ss 96D and 95G(6) connected to legitimate end.

Words and phrases – "implied freedom of communication on governmental and political matters", "legitimate end".

Constitution – ss 7, 24, 96, 128.

Election Funding – Expenditure and Disclosures Act 1981 (NSW), Pt 5, Div 2, Pt 6, ss 83, 95G(6), 96D.

Election Funding – Expenditure and Disclosures Regulation 2009 (NSW), cl 34A.
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