French CJ
Hayne
J
Crennan J
Kiefel
J
Bell
J
3.
6
The Authority is required 16 to publish, on a website maintained by it,
disclosures of reportable political donations 17 and electoral expenditure together
with any other information it considers relevant. Copies of disclosures are to be
maintained for a period of years and are to be available for public inspection 18.
7
The general scheme of Pt 6, clearly enough, is to regulate the making of
political donations to parties, candidates, elected members and others in New
South Wales by limiting the amount or value of what may be given to them by
any one person, organisation or other entity. It does not permit large individual
donations. There is an obvious connection between the need to fund advertising
and other methods of communication in connection with election campaigns, and
political donations. Part 6 therefore also seeks to limit the amount which may be
spent on such communication in the period leading up to an election. To offset,
to an extent, the limit on funds available to parties and others, Pt 5 provides some
public funding for the purposes of election campaigns. Additionally, the EFED
Act enables the public as well as the Authority to scrutinise the donations and
their sources and the electoral communication expenditure that is made.
8
The general purpose of these provisions is not in dispute. In its defence,
the defendant describes that purpose as being to secure and promote the actual
and perceived integrity of the Parliament of New South Wales, the government
of New South Wales and local government bodies within New South Wales.
More specifically, it identifies the potential risk to integrity as arising from the
exercise of undue, corrupt or hidden influences over those institutions, their
members or their processes. Donations are identified as a method of exercising
such influence. The risks to integrity are significantly increased, the defendant
further explains, where there is a need to raise large amounts of money in order
effectively to compete with rivals in connection with election campaigns.
16
Election Funding, Expenditure and Disclosures Act 1981, s 95(1).
17
Defined as a political donation of $1,000 or more: Election Funding, Expenditure
and Disclosures Act 1981, s 86(1).
18
Election Funding, Expenditure and Disclosures Act 1981, s 95(4).