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

07 March 2012

In May 2011 the Federal Government announced that the Australian Charities and Not-for-profits Commission (ACNC) would commence operations from 1 July 2012 and that it would initially be responsible for determining the legal status of groups seeking charitable, public benevolent institution, and other not-for-profit (NFP) benefits on behalf of all Commonwealth agencies. 

01 March 2012


The Productivity Commission has been asked to report within 9 months on Regulatory Impact Analysis: Benchmarking. The study requires a benchmarking of the efficiency and quality of regulatory impact analysis processes used by the Commonwealth and state and territory governments, as well as those of the Council of Australian Governments.
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.