Gageler J 20. 65 Although a power to do things "necessary or convenient" is one of considerable latitude, such a power will not support the doing of a thing which departs from the scheme of the enactment by which the power is conferred51. 66 Fundamental to the scheme of the Electoral Act, and inherent in the Commission's composition, was that the Commission be and appear to be apolitical or non-partisan. That character of political neutrality was inherent in the composition of the Commission, quite apart from being implicit in the nature of its functions. The Electoral Act required that the Commission consist of: a chairperson who was a Judge or former Judge of the Federal Court of Australia chosen from a list of names submitted to the Governor-General by the Chief Justice of that Court52; an Electoral Commissioner, who was an Agency Head for the purpose of the Public Service Act 1999 (Cth)53; and a non-judicial appointee holding an office of, or an office equivalent to that of, Agency Head within the meaning of that Act54. 67 There would, in my opinion, have been an imminent departure from the scheme of the Electoral Act in that important respect were the timing of the proposed publication of the TCP Information by the Commission to have been likely to have favoured, or to have created an appearance of favouring, other candidates over the plaintiffs or other political parties over the United Australia Party. The difficulty for the plaintiffs was that neither effect was self-evident and neither effect was shown on the agreed facts or able to be found by any inference capable of being drawn from the academic writing on which the plaintiffs relied. 68 To the extent that the characterisation of a thing done or proposed to be done as "necessary or convenient" turns on an issue of fact, it is incumbent on the party challenging the doing or the proposed doing of that thing to establish those facts which demonstrate a want of power55. That is where the plaintiffs failed. 51 Morton v Union Steamship Co of New Zealand Ltd (1951) 83 CLR 402 at 410; [1951] HCA 42. 52 Sections 5 (definition of "eligible Judge"), 6(2)(a) and 6(4) of the Electoral Act. cf Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1996) 189 CLR 1 at 9; [1996] HCA 18. 53 Sections 6(2)(b) and 29(2)(b) of the Electoral Act. See ss 7 (definition of "Agency Head"), 10(5), 13(11) and 14(1) of the Public Service Act 1999 (Cth). 54 Sections 6(2)(c) and 6(5) of the Electoral Act. 55 Kathleen Investments (Aust) Ltd v Australian Atomic Energy Commission (1977) 139 CLR 117 at 145-146, 153-154, 160; [1977] HCA 55.