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HIGH COURT OF AUSTRALIA FRENCH CJ, HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ UNIONS NSW & ORS PLAINTIFFS AND STATE OF NEW SOUTH WALES DEFENDANT Unions NSW v New South Wales [2013] HCA 58 18 December 2013 S70/2013 ORDER The questions asked by the parties in the Special Case dated 12 August 2013, as amended, be answered as follows: Question 1 Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution? Answer Yes. Question 2 Is s 95G(6) of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution?

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Union NSW v. New South Wales

Judgment

Question Presented: Whether Election Code s 96D, and 95G6 are inconsistent with the Australia Constitution.

Alleged Acts: The aforementioned provisions require that all political donors enroll and caps donations. The culmination of these two provisions limits donors to eligible voting individuals. NSW, a organizaiton, not eligible to vote filed suit alleging that framework violated the implied freedom of communication on political and governmental matters set forth in the Australia Constitution.

Summary: The state argued that the provisions were enacted to combat electoral corruption. However, the court considered the restriction overly broad to support the alleged threat to electoral integrity.

Conclusion: The court determined that because both sections 96D and 95G6 failed to meet the Lange test that the provision reasonably served a legitimate end without a reasonable alternative, the provisions were invalid.

Legal Issue(s)

Campaign Finance

Region: Asia-Pacific

Country: Australia

Language of Decision

English

Court: Supreme Court

Election Type: Review of law

Date of decision: Dec 13, 2013

Geolocation

Latitude: -35.29772788

Longitude: 149.0992955

: Geolocation

Primary Documents

NSW v. New South Whales.pdf
english
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