French CJ Hayne J Crennan J Kiefel J Bell J 5. expenditure that exceeds the applicable cap if that expenditure and any other electoral communication expenditure by an affiliated organisation of that party exceed the applicable cap so specified for the party." 13 An "affiliated organisation" of a party is defined, by s 95G(7), to mean a body or other organisation: "that is authorised under the rules of that party to appoint delegates to the governing body of that party or to participate in pre-selection of candidates for that party (or both)." 14 Each of the second, third and sixth plaintiffs is authorised to appoint delegates to the annual conference of the Australian Labor Party (NSW Branch) and to participate in the preselection of that party's candidates for State elections. Each of the plaintiffs intends to make donations to the Australian Labor Party, the Australian Labor Party (NSW Branch), other political parties or the first plaintiff and to incur electoral communication expenditure within the meaning of the EFED Act to the extent permitted by law. 15 Section 83 of the EFED Act, which appears at the commencement of Pt 6, provides that the Part applies only in relation to State and local government elections and elected members of Parliament or councils. Other provisions more directly seek to address the potential effect of the EFED Act with respect to federal election campaigns. Section 95B(2) provides for an exception to the general prohibition, in s 95B(1), on a person accepting a political donation which exceeds the applicable cap on political donations. The exception arises where the political donation is to be paid into, or held as an asset of, an account kept exclusively for the purpose of a federal or local government election campaign. Clause 34A of the Election Funding, Expenditure and Disclosures Regulation 2009 (NSW) ("the Regulations"), which was introduced by an amendment shortly prior to the hearing of this matter 20, extends the exemption to all political donations which are paid or made for the purpose of a federal election campaign. 16 These exceptions draw attention to the essential premise of the plaintiffs' case. It is that ss 96D and 95G(6) impermissibly burden the freedom of communication on political or governmental matters (referred to as "political communication" in these reasons) which is implied in the Commonwealth 20 Election Funding, Expenditure and Disclosures Amendment (Political Donations) Regulation 2013 (NSW).