HIGH COURT OF AUSTRALIA
FRENCH CJ,
HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJ
UNIONS NSW & ORS
PLAINTIFFS
AND
STATE OF NEW SOUTH WALES
DEFENDANT
Unions NSW v New South Wales
[2013] HCA 58
18 December 2013
S70/2013
ORDER
The questions asked by the parties in the Special Case dated 12 August
2013, as amended, 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?