3. Answer Unnecessary to answer. Question 7 Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid under s 109 of the Commonwealth Constitution by reason of it being inconsistent with Pt XX of the Commonwealth Electoral Act 1918 (Cth)? Answer Unnecessary to answer. Question 8 Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens a freedom of association provided for in the Commonwealth Constitution? Answer Unnecessary to answer. Question 9 Who should pay the costs of the special case? Answer The defendant should pay the plaintiffs' costs. Representation B W Walker SC with N J Owens for the plaintiffs (instructed by Holding Redlich Lawyers) M G Sexton SC, Solicitor-General for the State of New South Wales and J K Kirk SC with A M Mitchelmore for the defendant (instructed by Crown Solicitor (NSW))