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LNP loses bid to not disclose donations of $1000 or more

By Felicity Caldwell

LNP deputy leader Tim Mander has defended the party's Supreme Court case with the Electoral Commission of Queensland as clearing up a "legitimate question".

The LNP lost its bid to keep donations of $1000 or more off the official register, in a move that could have ramifications for political donations across the nation.

Former premier Campbell Newman's LNP government changed disclosure laws when it was in power.

Former premier Campbell Newman's LNP government changed disclosure laws when it was in power.Credit: Renee Melides

The Electoral Commission of Queensland took legal action against the LNP to force it to release details of about $100,000 in donations for the party's federal candidates, which the LNP argued did not fall under the state’s reporting rules.

However, on Thursday, Supreme Court Judge David Jackson ruled the Queensland law, which required donations of more than $1000 to be disclosed, was valid because it did not conflict with the Commonwealth law, which set the threshold at $13,500.

The former Newman government had raised the donation declaration threshold from $1000 to $12,400 in 2012, arguing it made the two thresholds consistent, but the Palaszczuk government changed it back to $1000 in 2015.

During the election campaign, the LNP revealed the details of most of the donations, bar almost $5000, which the ECQ accepted meant the LNP took the necessary steps to meet its legal obligations.

Mr Mander said it was "quite a legitimate question".

"There was a question between two jurisdictions, which applied to donations made to the LNP that were meant for the federal party, and now that's been settled, that's great, that's clear, the party knows and the party will comply with it," he said.

Mr Mander said the LNP was not trying to hide anything.

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"These laws have been in place for a long, long time, they apply federally everywhere else, it's a legitimate question and it's now been cleared up, so now the party will comply with that," he said.

Labor Tourism Innovation Minister Kate Jones called on LNP leader Deb Frecklington to explain why the case ended up in court, instead of the party earlier revealing the donors.

But Ms Frecklington said Labor could "try as hard as they want to dig as much mud".

"And to fling as much mud as they want, and try to go back to the past, but it's a decision that has come to an end in the Supreme Court today," she said.

Ms Frecklington said she was sure the party would respect the decision of the court.

Former shadow attorney-general Ian Walker has previously said the opposition was looking for a better idea of how the laws were supposed to work.

The LNP had argued if the donations were for federal use, the $13,500 federal threshold should apply, instead of Queensland's limit of $1000.

Attorney-General Yvette D'Ath said the LNP had been dragged "kicking and screaming to the table".

"The people of Queensland expect more. They want transparency and confidence in our electoral system, our candidates and political parties," she said.

In his ruling, Judge Jackson said there was no explanation given by the LNP as to why there was a negative implication that excluded a state law directed to gifts for the Commonwealth electoral purpose.

“Once that point is established, in my view, the respondent’s argument for inconsistency becomes more clearly untenable, in the absence of express provision to support it,” Judge Jackson wrote.

“Shorn of the limit that it is confined to gifts for a Commonwealth electoral purpose, the suggested negative implication would make a state-registered political party that is also a state branch of a federal registered political party immune from any obligation to include the state required particulars in a state return ... if the relevant gifts are at or below the threshold amount of $13,500.”

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Original URL: https://www.brisbanetimes.com.au/link/follow-20170101-p4z29u