Australian Constitution

2013

Unions NSW v New South Wales

High Court of Australia(2013) 252 CLR 530

Key Principle

NSW electoral donation restrictions held to impermissibly burden the implied freedom of political communication

The Court struck down provisions of the NSW Election Funding, Expenditure and Disclosures Act that prohibited political donations by entities other than individuals on the electoral roll. This was the first law struck down for breaching the implied freedom of political communication since the original ACTV and Nationwide News decisions in 1992, demonstrating the freedom's continuing vitality.

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