French CJ Hayne J Crennan J Kiefel J Bell J 21. circumvented. Implicit in the notion of circumvention is that s 95G(6) is concerned with expenditure derived in fact by a single source, notwithstanding that it may be made by two legally distinct entities. The criterion chosen to identify the single source is affiliation in the way defined: namely, that an organisation is authorised under the rules of the party to appoint delegates to the governing body of the party or to participate in the preselection of candidates for that party76. 63 It may be wondered how, logically, it could be said that affiliation of this kind is effective to identify an industrial organisation as the same source of funds for the making of electoral communication expenditure. Moreover, it would appear to assume that the objectives of all expenditure made by the party on the one hand and the organisation on the other are coincident. The criterion applied for the operation of s 95G(6) may be useful to identify industrial organisations as affiliates of political parties, but it does not reveal why or how they are to be treated as the same organisation for the purposes of expenditure on electoral communications. These observations may, however, be put to one side. 64 It may be inferred that it is the purpose of s 95G(6) to reduce the amount which a political party affiliated with industrial organisations may incur by way of electoral communication expenditure and likewise to limit the amount which may be spent by an affiliated industrial organisation. What cannot be deduced is how this purpose is connected to the wider anti-corruption purposes of the EFED Act, or how those legitimate purposes are furthered by the operation and effect of s 95G(6). Industrial organisations are identified in the EFED Act as potential donors to political parties or candidates, and as likely to themselves expend monies on political communication. They are not identified as prohibited donors and the defendant did not seek to justify s 95G(6) and the targeting of industrial organisations and the parties with whom they are affiliated by analogy with the provisions of Div 4A. There is therefore nothing in the provision to connect it to the general anti-corruption purposes of the EFED Act. 65 Absent a legislative purpose for s 95G(6) which is conformable with those of the EFED Act, no further consideration can be given as to whether the provision is justified. The provision is invalid. 76 Election Funding, Expenditure and Disclosures Act 1981, s 95G(7).

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