French CJ Hayne J Crennan J Kiefel J Bell J 20. 58 The history which may explain or support the targeting of the "prohibited donors" in Div 4A was not addressed in any detail in argument. It was not necessary to do so because the validity of the provisions of Div 4A is not in issue. Save for its submissions concerning corporations, the defendant did not seek to explain s 96D by analogy to the provisions of Div 4A. In particular, it did not seek to liken the interests of industrial organisations, such as the plaintiffs, to those of the prohibited donors. 59 Section 96D stops just short of a complete prohibition upon political donations. A complete prohibition might be understood to further, and therefore to share, the anti-corruption purposes of the EFED Act. On the other hand, if challenged, it would be necessary for the defendant to defend a prohibition of all donations as a proportionate response to the fact that there have been or may be some instances of corruption, regardless of source. In any event, a complete prohibition is not the course taken in s 96D. The result is that the purpose of its wide, but incomplete, prohibition is inexplicable. 60 In the result, further consideration of the application of the second limb of the Lange test to s 96D is forestalled. It cannot be undertaken because it is not possible to attribute a purpose to s 96D that is connected to, and in furtherance of, the anti-corruption purposes of the EFED Act. The second limb of the Lange test cannot be satisfied. The burden imposed by s 96D on the freedom cannot be justified. Section 96D is invalid. Section 95G(6) – its burden and purpose 61 Section 95G(6) also effects a burden on freedom of political communication in restricting the amount that a political party may incur by way of electoral communication expenditure in a relevant period. It does this by deeming the amount of electoral communication expenditure made by industrial organisations (and other organisations) with which it is affiliated as having been made by that party for the purposes of the applicable cap. The party affected by the provision is the Australian Labor Party (NSW Branch), with which industrial organisations, including the second, third and sixth plaintiffs, are affiliated. The defendant does not contest the effects that s 95G(6) has; rather it seeks to justify them as reasonable. However, before consideration can be given to that question, it is again necessary to identify the purpose of s 95G(6) and its connection to the anti-corruption purposes of the EFED Act. 62 In its defence the defendant identifies the purpose of s 95G(6) as being to render efficacious the cap on expenditure. It claims that it is legitimate to ensure that the effectiveness and fairness of the generally applicable caps are not