French CJ
Hayne
J
Crennan J
Kiefel
J
Bell
J
22.
Answers to questions stated
66
Given the conclusions reached with respect to the first two stated
questions, it is unnecessary to answer the questions which follow. The questions
stated for the opinion of the Court, as amended, should be answered as follows.
Question 1: Is s 96D of the Election Funding, Expenditure and Disclosures Act
1981 (NSW) invalid because it impermissibly burdens the implied
freedom of communication on governmental and political matters,
contrary to the Commonwealth Constitution?
Answer:
Yes.
Question 2: Is s 95G(6) of the Election Funding, Expenditure and Disclosures
Act 1981 (NSW) invalid because it impermissibly burdens the
implied freedom of communication on governmental and political
matters, contrary to the Commonwealth Constitution?
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
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