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2. Answer Yes. Question 3 Do ss 7A and 7B of the Constitution Act 1902 (NSW) give rise to an entrenched protection of freedom of communication on New South Wales State government and political matters? Answer Unnecessary to answer. Question 4 If so, is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens that freedom, contrary to the New South Wales Constitution? Answer Unnecessary to answer. Question 5 Further, if the answer to question 3 is "yes", is s 95G(6) of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens that freedom, contrary to the New South Wales Constitution? Answer Unnecessary to answer. Question 6 Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid under s 109 of the Commonwealth Constitution by reason of it being inconsistent with s 327 of the Commonwealth Electoral Act 1918 (Cth)?

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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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Election Judgments - IFES

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Union NSW v. New South Wales

Primary Documents

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