Australian Electoral Commissionn v Johnston and Ors; Wang v Johnston and Ors; Mead v Johnston and Ors

These three proceedings, heard together, concerned the validity of certain donations made to the Australian Labor Party (ALP) in 2013 and 2014. The Australian Electoral Commission (AEC) sought declarations that the donations were unlawful donations under the *Commonwealth Electoral Act 1918* (Cth) (the Act). The applicants, Mr Johnston, Mr Wang, and Mr Mead, were individuals involved in the making or receipt of these donations. The central dispute revolved around whether the donations, which were channelled through a third party, were in fact donations from that third party or from the true source of the funds, and whether the true source was a foreign donor, thereby rendering the donations unlawful. The matter was heard in the High Court of Australia.

The High Court was required to determine whether the donations made to the ALP were unlawful donations within the meaning of the Act. Specifically, the court had to consider whether the donations were made by or on behalf of a foreign principal, and if so, whether the requirements of the Act regarding disclosure and the prohibition of foreign donations had been met. The proceedings also raised questions about the interpretation of provisions within the Act concerning the definition of a "political donation" and the circumstances under which a donation could be considered to be made by or on behalf of a foreign entity.

Hayne J applied the principles of statutory interpretation to the relevant provisions of the *Commonwealth Electoral Act 1918* (Cth). His Honour considered the purpose and wording of the Act, particularly sections 273 and 320, which deal with unlawful donations and the definition of a "foreign principal". The reasoning focused on identifying the true source of the funds and whether that source was a foreign entity prohibited from making donations. The court examined the nature of the transactions and the intent of the parties involved to ascertain whether the donations were made in contravention of the Act's prohibition on foreign donations.

The High Court made declarations that the donations were unlawful.