Constitutional law (Cth) – Implied freedom of communication about government or political matters – Where certain provisions of Pt 12 of Electoral Act 2002 (Vic) imposed general cap on political donations from a single donor within election period with exception for gifts between registered political party and nominated entity of registered political party ("nominated entity exception") – Where s 222F of Electoral Act permitted registered political party to appoint nominated entity on two alternative sets of eligibility criteria – Where second set of eligibility criteria only available if first appointment of entity as nominated entity made before 1 July 2020 ("time limitation in s 222F(3)") – Where only major parties appointed entities as nominated entities before 1 July 2020 – Where nominated entities of major parties well-capitalised prior to operation of general cap – Where assets of nominated entities of major parties significantly exceed what could lawfully be raised by individual candidate or uncapitalised nominated entity subject to general cap – Where defendant conceded time limitation in s 222F(3) invalid – Whether Pt 12 in operation with nominated entity exception invalid – Whether aspects of Pt 12 severable.
Words and phrases – "candidate", "constitutionally prescribed system of representative and responsible government", "differential burden", "effective burden", "effective constraint", "election", "eligibility criteria", "general cap", "gift", "illegitimate purpose", "implied freedom of political communication", "impugned law", "impugned provisions", "indirect burden", "inextricable connection", "justified", "law", "legacy parties", "legal rule", "legislative purpose", "legitimate purpose", "level of generality", "major parties", "nominated entity", "nominated entity exception", "political donation", "political expenditure", "proper objective", "proportionality", "provision", "reasonably appropriate and adapted", "registered political party", "regulated person or entity", "risk of corruption and undue influence", "severance".
Electoral Act 2002 (Vic), ss 3, 45(2)(c), 50(1)(a)(ii), 69A, Pt 4, Pt 12.
Electoral Legislation Amendment Act 2018 (Vic), s 1(a)(ii).
Interpretation of Legislation Act 1984 (Vic), ss 4(1)(a), 6(1), 38.
Corporations Act 2001 (Cth), s 50AA.