French CJ Hayne J Crennan J Kiefel J Bell J 6. Constitution. Further questions are stated for the opinion of this Court and concern whether a similar freedom can be found in the Constitution Act 1902 (NSW) and whether s 96D is inconsistent with Commonwealth legislation respecting election funding. These questions may be put to one side for present purposes. The freedom of communication – applicable in a State context? 17 In Australian Capital Television Pty Ltd v The Commonwealth21 ("ACTV"), it was said that the concept of representative government in a democracy signifies government by the people through their representatives: in constitutional terms, a sovereign power residing in the people, exercised by the representatives. Lange v Australian Broadcasting Corporation 22 confirmed that the implied freedom of political communication is an indispensable incident of that system of representative government for which the Constitution provides. The Constitution does so by directing that the members of the two Houses of Parliament shall be directly chosen by the people of the Commonwealth and States. Sections 7 and 24 and related sections of the Constitution are therefore to be seen as protecting the freedom of political communication in order that people are able to exercise a free and informed choice as electors 23. 18 In Lange, it was also said 24 that the freedom of political communication is limited to what is necessary for the effective operation of the system of representative and responsible government provided for by the Constitution. The defendant seized upon this statement as indicating that the freedom might not apply to restrictions on political communication arising in the course of a State election. The defendant submitted that communication on matters of this kind occurring in that context might not illuminate or affect the choice to be made by electors at federal elections or the opinions they may form as to governance at the federal level. 19 The statement drawn from the reasons in Lange must also be understood in context. The Court was there explaining that the freedom is not absolute, a 21 (1992) 177 CLR 106 at 137-138; [1992] HCA 45. 22 (1997) 189 CLR 520; [1997] HCA 25. 23 Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 at 560. 24 (1997) 189 CLR 520 at 561.