Amy electronic Pty ltd is a Melbourne base company. The company created a AI tool that enable candidate and political parties to analyse bigdata trends concerning voters intentions within political campaigns.

 

In a press release ``western party`` announced that thye will use Amy electronic pty ltd to recover the majority in the Parliament of Western Australia ('WA'). Shortly after that release, the WA Parliament passed the AI Use in Electoral Campaign Act 2023 (WA) ('Campaign Act'). Section 3 of the Act imposes a 100% tax for the selling of AIEW in WA. In that state, there are only two AI development companies. Both companies have received State funding for developing AI tools to enhance democracy. Nevertheless, the development of a tool like Amy electronic pty ltd is still far away from their plans. 

 Amy electronic pty ltd challenged the constitutionality of s 3 of the Campaign Act on one ground, namely, the violation of s 92 of the Australian Constitution.

Advise   Amy electronic pty ltd on the likelihood that their challenge will succeed. Your advice should address:

(i) the issue raised relating to the s 92 ground for challenging the Act,

(ii) the arguments that Amy electronic pty ltd can raise to support their challenge, 

(iii) the current law and tests that the High Court will apply (highlighting any issues that may arise in the application of the law and those tests, and whether you think they are appropriate in their current formation to address the scenario).