CATCHWORDS
Unions NSW v New South Wales
Constitutional law – Implied freedom of communication on governmental and
political matters – Section 96D of Election Funding, Expenditure and
Disclosures Act 1981 (NSW) ("EFED Act") prohibits political donations unless
made by individual enrolled on roll of electors – Section 95G(6) of EFED Act
aggregates expenditure by political party and affiliated organisations for purposes
of cap on electoral communication expenditure – Whether political
communication at State level can effectively burden federal implied freedom of
communication – Whether ss 96D and 95G(6) effectively burden implied
freedom of communication – Whether ss 96D and 95G(6) connected to
legitimate end.
Words and phrases – "implied freedom of communication on governmental and
political matters", "legitimate end".
Constitution, ss 7, 24, 96, 128.
Election Funding, Expenditure and Disclosures Act 1981 (NSW), Pt 5, Div 2,
Pt 6, ss 83, 95G(6), 96D.
Election Funding, Expenditure and Disclosures Regulation 2009 (NSW), cl 34A.