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State ‘overstepped’ on developer donation ban

The Queensland Government overstepped its authority by making no attempt to apply its controversial developer donation ban only to state elections, the High Court heard.

Solicitor-General Stephen Donaghue at the High Court in Canberra. Picture: Gary Ramage
Solicitor-General Stephen Donaghue at the High Court in Canberra. Picture: Gary Ramage

THE Palaszczuk Government over stepped its authority by making no attempt to apply its controversial developer donation ban only to state elections, the High Court heard on Wednesday.

Commonwealth solicitor-general Stephen Donaghue QC, acting for the Federal Government, made the claim at the second day of the hearing into former LNP president Gary Spence’s attempt to overturn the ban.

If Mr Spence’s case is successful, property developers would again be able to donate to political parties in Queensland as long as they were not doing so specifically for a state and council election campaign

Former LNP president Gary Spence is seeking to overturn the Palaszczuk Government’s developer donation ban in the High Court. Picture: AAP Image/Josh Woning
Former LNP president Gary Spence is seeking to overturn the Palaszczuk Government’s developer donation ban in the High Court. Picture: AAP Image/Josh Woning

Mr Donaghue said State Governments had a right to set laws for state elections, but any attempt to regulate federal elections was going too far.

“The problem with these laws is that Queensland made no attempt to prevent its laws from overreaching into the space of Commonwealth interests,” he said.

“They can regulate their own elections, they can regulate council elections, but they can’t regulate federal elections.

“The problem in this case is that Queensland made no attempt to frame its electoral laws to recognise the fact that when you talk about elections … one does not just talk about state elections.

“It has to frame its law … in a way that doesn’t extend beyond the legitimate state interests to regulate federal elections.”

Mr Donaghue argued that the ban should only apply to donations made specifically or to be used specifically for state electoral purposes.

He said they should not apply to general donations, not specified for state and federal purposes, as long as they were going to a federally regulated political party.

The hearing will continue Thursday.

Original URL: https://www.couriermail.com.au/news/queensland/crime-and-justice/state-overstepped-on-developer-donation-ban/news-story/0c92329403aa0f2086872cdbcb0e9d71