French CJ Hayne J Crennan J Kiefel J Bell J 23. Constitution by reason of it being inconsistent with s 327 of the Commonwealth Electoral Act 1918 (Cth)? Answer: Unnecessary to answer. Question 7: 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 Pt XX of the Commonwealth Electoral Act 1918 (Cth)? Answer: Unnecessary to answer. Question 8: Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens a freedom of association provided for in the Commonwealth Constitution? Answer: Unnecessary to answer. Question 9: Who should pay the costs of the special case? Answer: The defendant should pay the plaintiffs' costs.