This article is from the Australian Property Journal archive
IN a landmark decision, the High Court has upheld the Queensland government’s ban on political donations from property developers.
The orders which were handed down without a full judgment, will affect the current federal election.
The government introduced the laws last year making it a criminal offense for a developer to make a political donation or to accept a donation made by or on behalf of a developer.
Former Liberal National Party QLD president Gary Spence, who quit his role to challenge the QLD government’s law, argued it went too far.
The government had argued that the ban was necessary after the state’s Crime and Corruption Commission found risks of corruption in local government from political donations from property developers.
“The Crime and Corruption Commission found a risk, or perceived risk, of corruption at the local government level arising from political donations from property developers,” the state’s submission to the High Court said.
Meanwhile Spence said the law which was applied beyond the local government level, restricted the right to freedom of political communication in the constitution.
Deputy Premier Jackie Trad had defended the blanket ban saying, “We believe if its good enough for one level of government it’s good enough for all levels of government.”
The High Court yesterday agreed with the government and ruled the law was constitutional. It also ruled that a section of federal electoral laws, which had a loophole allowing developers to donate to state party branches to be spent on federal campaigns, was invalid.
Trad yesterday said, “The LNP fought our nation-leading ban on property developer donations all the way to the High Court and lost,”
Acting Attorney-General Stirling Hinchliffe also welcomed the decision.
“We welcome the High Court’s decision. Our commitment to transparency and accountability has been upheld in the highest court in Australia.
“One of the first acts of the newly-elected Palaszczuk Government in 2015 was to reduce political donation thresholds. This was further enhanced by introducing, and leading the country in, creating a real time disclosure system for political donations.
“In contrast, the LNP has wanted to keep their donations a secret. They have done everything they possibly could to keep them a secret, including using the Commonwealth Parliament and going to the highest court to hide donations.
“But the jig is up. We call on Morrison and Frecklington to disclose all of their donations,” Hinchliffe said.
QLD deputy opposition leader Tim Mander disagreed with the ruling and said the laws are politically motivated, adding that the Labor Party still accepts donations from trade unions.
“We still believe that these laws are politically motivated by the Palaszczuk government.
“We don’t think it’s fair that one section of the community should not be allowed to be part of the political process.
“Where in the meantime the Palaszczuk government continues receive wads of cash from dodgy trade unions.” Mander said.
Australian Property Journal
