French CJ Hayne J Crennan J Kiefel J Bell J 19. sole target of s 96D, questions might arise as to whether a complete prohibition respecting donations of any amount from any corporation was justified. But clearly the purpose of s 96D cannot lie in regulating corporate activities. The terms of s 96D are not directed to corporations alone. They extend to any person not enrolled as an elector, and to any organisation, association or other entity. General concerns about corporate activities, as distinct from specific concerns about the activities of any entity (or individual) who is prepared to exert influence corruptly in pursuit of self-interest, cannot explain the purpose of s 96D. 56 It is not evident, even by a process approaching speculation, what s 96D seeks to achieve by effectively preventing all persons not enrolled as electors, and all corporations and other entities, from making political donations. It might be assumed that many of them will have a legitimate interest in political matters, as discussed earlier in these reasons 72. Why then was it considered necessary to prohibit donations from these sources, but not from electors? More importantly, how does it further the anti-corruption purposes of the EFED Act? 57 Section 96D is not the only prohibition on the persons or entities from whom donations may be accepted. Division 4A of Pt 6 contains provisions which make it unlawful for a "prohibited donor" to make a political donation and for a person to accept a donation from such a person. A prohibited donor is a property developer, or a tobacco, liquor or gambling industry business entity73. Division 4A was inserted in 2009 74. The prohibition on donations from property developers which it contained was extended with effect from 1 January 2011 75 to the other prohibited donors listed above, at the same time as provision was made for caps on electoral communication expenditure. But the EFED Act does not identify corporations, industrial organisations and other entities and persons not enrolled as electors as having interests of a kind which requires them to be the subject of an express prohibition. And there is nothing in the EFED Act which permits an assumption of that kind to be made. 72 At [30]. 73 Election Funding, Expenditure and Disclosures Act 1981, s 96GAA. 74 Election Funding and Disclosures Amendment (Property Developers Prohibition) Act 2009 (NSW). 75 Election Funding and Disclosures Amendment Act 2010 (NSW).

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