French CJ
Hayne
J
Crennan J
Kiefel
J
Bell
J
9.
They must deal with issues at various levels and, where necessary, co-ordinate
responses. The presentation of policy or governmental action to the public at one
level may be influenced by the ramifications for its acceptance at another. And,
as the plaintiffs point out, support for a party at State level may influence a
person's support for it more widely and at the federal level 37.
25
The complex interrelationship between levels of government, issues
common to State and federal government and the levels at which political parties
operate necessitate that a wide view be taken of the operation of the freedom of
political communication. As was observed in Lange 38, these factors render
inevitable the conclusion that the discussion of matters at a State, Territory or
local level might bear upon the choice that the people have to make in federal
elections and in voting to amend the Constitution, and upon their evaluation of
the performance of federal Ministers and departments 39. In Roberts v Bass 40, it
was recognised that "statements made by electors or candidates or those working
for a candidate, during an election, to electors in a State electorate, concerning
the record and suitability of a candidate for election to a State Parliament … are
at the heart of the freedom of communication protected by the Constitution." 41
These matters explain the broad concluding statement in Lange 42:
26
"This Court should now declare that each member of the Australian
community has an interest in disseminating and receiving information,
opinions and arguments concerning government and political matters that
affect the people of Australia."
37
See also Twomey, "The Application of the Implied Freedom of Political
Communication to State Electoral Funding Laws", (2012) 35 University of New
South Wales Law Journal 625 at 629.
38
(1997) 189 CLR 520 at 571-572.
39
See also Levy v Victoria (1997) 189 CLR 579 at 643-644; [1997] HCA 31.
40
(2002) 212 CLR 1 at 29 [73] per Gaudron, McHugh and Gummow JJ; [2002] HCA
57.
41
See also Roberts v Bass (2002) 212 CLR 1 at 58 [159] per Kirby J.
42
(1997) 189 CLR 520 at 571.