2012 The Application of Implied Freedom of Political Communication 625
THE APPLICATION OF THE IMPLIED FREEDOM OF POLITICAL COMMUNICATION TO STATE ELECTORAL FUNDING LAWS
ANNE TWOMEY
I INTRODUCTION
Recent controversial amendments to the Election Funding, Expenditure and Disclosures Act 1981 (NSW) in 2010 and 2012 have led to questions being asked about their compatibility with the implied freedom of political communication. The 2010 amendments imposed caps on political donations and electoral communication expenditure.1 The 2012 amendments banned political donations to political parties, candidates, members of Parliament and third-party campaigners from any body or person other than a person on the state, Commonwealth or local government electoral rolls.2 The Select Committee examining the latter Bill discussed the constitutional validity issue in some detail.3 It concluded that if enacted, there was a significant risk that there would be a constitutional challenge to the Act and that such a challenge would have