Donation and spending limits in political finance law and their compatibility with the Australian Constitution

This paper considers the current New South Wales legislation regarding political donations and spending, on the basis of a possible challenge to them as being incompatible with the implied freedom of political communication in the Australian Constitution. The paper argues that arguments for restrictions of this type, such as that they are necessary to create a 'level playing field' or that they help reduce the risk of corruption, are often unconvincing. The High Court has rightly insisted that restrictions on the implied freedom be justified by sufficient convincing evidence, rather than mere assertion, and it is difficult to justify these restrictions on the claimed grounds. The High Court has robustly defended the implied freedom in recent times