Constitutional law (Cth) – Free and informed choice – Implied freedom of political communication – Where United Australia Party ("UAP") was formerly registered under Pt XI of Commonwealth Electoral Act 1918 (Cth) ("Act") and had been voluntarily deregistered under s 135(1) of Act – Where s 135(3) of Act precluded reregistration of UAP from occurring before next general election following voluntary deregistration – Whether s 135(3) invalid on ground that it impairs direct choice by people of Senators and members of House of Representatives – Whether s 135(3) invalid on ground that it impermissibly discriminates against candidates of political party or Parliamentary party that has deregistered voluntarily – Whether s 135(3) invalid on ground that it infringes implied freedom of political communication.
Words and phrases – "annual disclosure obligations", "anti-avoidance purpose", "anti-phoenixing purpose", "anti-rollover purpose", "burden or impairment", "deregistration", "effective burden", "electoral choice", "electoral expenditure", "explicature", "free and informed choice", "implicature", "implied freedom of political communication", "Parliamentary party", "rational connection", "reasonably appropriate and adapted", "registered political party", "reregistration", "structured proportionality", "transparency purpose", "voluntary deregistration".
Constitution, ss 7, 24.
Commonwealth Electoral Act 1918 (Cth), Pts XI, XX.