Mining and extinguishment of native title

language’ 5 of the test and suggested that: the question for the Court can only be whether the impugned law can reasonably be said to be compatible with the free $ow of political communication within the federation.6 However, as no party or intervener advanced such an argument, Keane J applied the second limb in its current form. Application of test in a state context Prior to considering the application of the test it was necessary for the High Court to determine whether "e plainti#s to the proceedings were trade unions who intended to make political donations to the Australian Labor Party