Unions NSW v New South Wales

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, CRENNAN, KIEFEL, BELL AND KEANE JJUNIONS NSW & ORS  PLAINTIFFSANDSTATE OF NEW SOUTH WALES  DEFENDANTUnions NSW v New South Wales[2013] HCA 5818 December 2013S70/2013ORDERThe questions asked by the parties in the Special Case dated 12 August 2013, as amended, be answered as follows:Question 1Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution?AnswerYes.Question 2Is s 95G(6) of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens the implied freedom of communication on governmental and political matters, contrary to the Commonwealth Constitution?AnswerYes.Question 3Do ss 7A and 7B of the Constitution Act 1902 (NSW) give rise to an entrenched protection of freedom of communication on New South Wales State government and political matters?AnswerUnnecessary to answer.Question 4If so, is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens that freedom, contrary to the New South Wales Constitution?AnswerUnnecessary to answer.Question 5Further, if the answer to question 3 is "yes", is s 95G(6) of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid because it impermissibly burdens that freedom, contrary to the New South Wales Constitution? AnswerUnnecessary to answer.Question 6Is s 96D of the Election Funding, Expenditure and Disclosures Act 1981 (NSW) invalid under s 109 of the Commonwealth Constitution by reason of it being inconsistent with s 327 of the Commonwealth Electoral...