Banning political donations from third party interest groups: a summary of constitutional issues

27 January 2012This paper canvasses opinions and issues arising from the proposed ban on political donations from third party interest groups in the Election Funding, Expenditure and Disclosures Amendment Bill 2011, currently before the NSW Parliament, with particular reference to the implied freedom of political communication under the Commonwealth Constitution.

One point to make is that significant issues of interpretation remain to be clarified in respect to the implied freedom. A second point is that these issues can only be resolved by the High Court.

Note that this paper is to be read in conjunction with e-brief 2/2012, "Proposed changes relating to the caps on electoral expenditure by political parties: a summary of constitutional issues".

Noticeboard

20 December 2011

On 18 November 2011, Parliamentary Secretary for Immigration and Multicultural Affairs, Senator the Hon Kate Lundy, announced the establishment of an independent panel of eminent community leaders to conduct an inquiry into Australian Government services to ensure they are responsive to the needs of Australians from culturally and linguistically diverse backgrounds.

09 December 2011

The Historical Justice and Memory website now includes a daily newsblog.

02 December 2011

Applications are now open for a unique training opportunity for selected individuals develop the skills, networks and knowledge needed to be effective in forging a more sustainable future.