Keane J 31. Public funding 94 Part 5 of the EFED Act establishes an "Election Campaigns Fund" ("the Fund") to be kept by the Election Funding Authority of New South Wales in respect of State elections 80. The evident purpose of Pt 5 is to reduce the dependence of political parties on funding from private sources. Section 57 provides for the circumstances in which a party will be eligible to receive a payment in respect of State or local government elections out of the Fund. 95 Eligible parties and candidates are entitled to receive public funding proportionate to their "actual expenditure", which is defined 81 as "the total actual electoral communication expenditure incurred" by a party or candidate. The amounts are as follows: . . . For an "eligible Assembly party", up to 75% of its electoral communication expenditure cap 82. For party candidates for the Assembly, up to 30% of their electoral communication expenditure cap 83. For Assembly independent candidates, up to 45% of their electoral communication expenditure cap 84. The validity of s 96D 96 The plaintiffs' challenge to the validity of s 96D was advanced on two bases: first, that a political donation is itself a form of political communication which may not be prohibited; and secondly, that the prohibition on political donations by individuals who are not on the electoral roll as well as corporations and other entities such as industrial organisations is an impermissible burden upon the freedom of political communication within the federation. 80 Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 56. 81 Election Funding, Expenditure and Disclosures Act 1981 (NSW), ss 58(1), 61. 82 Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 58. 83 Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 60. 84 Election Funding, Expenditure and Disclosures Act 1981 (NSW), s 60.