High Court backs Queensland’s developer donation ban

Former LNP President Gary Spence insists the fight against the “draconian” developer donation ban would continue following his loss in the High Court today.

Former LNP President Gary Spence lost his High Court challenge regarding Queensland’s ban on developer donations. (AAP Image/Josh Woning)

FORMER LNP President Gary Spence is standing firm in his criticism of Labor’s developer donation ban following his loss in the High Court today, insisting the fight against the “draconian” ban would continue.

Mr Spence — who blamed the laws for forcing him to quit as president of the merged conservative party last year — said while he respected the court’s ruling that the ban was constitutional, “that is in no way an endorsement of it as good legislation”.

State’s developer ban is “over reach”, High Court told

“I will maintain forever that a Government should not take legislative measures to gain an electoral advantage over its political rivals,” he said.

“That is clearly what has happened in this case.

“The Palaszczuk Government enacted a ban on a particular type of citizen participating in the democratic process.

“This case may have been lost today but the fight against these draconian and unjust laws will and must continue.

“Our democracy is far too precious and fragile for good people to stand by and allow this kind of behaviour to stand unchallenged.”

EARLIER: ‘The jig is up’: Major LNP donation blow

THE LNP’s election campaign has been dealt a blow with the High Court backing Queensland’s controversial developer donation ban.

It means the LNP, or any Queensland-based political party, can’t raise money from developers for a Federal campaign.

Acting Attorney-General Stirling Hinchliffe welcomed the decision. Picture: AAP Image/Darren England

The conservative party will now struggle to raise vital cash needed to run what is expected to be a tightly fought campaign in the key election state.

The High Court upheld Queensland’s laws, while ruling the Commonwealth Government’s attempt to override it for Federal donations to be “wholly invalid”.

Former LNP boss Gary Spence had challenged the Palaszczuk Government laws in the High Court seeking to have them overturned.

The High Court had heard arguments from the Commonwealth that while Queensland could ban developer donations at a state level, that same ban should not apply to donations intended for a Federal political purposes.

In November the Coalition passed a series of amendments, which came into effect on January 1, which sought to ensure state donation bans did not apply to federal elections.

In a double blow for the LNP, Mr Spence as plaintiff was also ordered to pay costs of both parties in the court case.

The full bench of the High Court, led by Chief Justice Susan Kiefel in orders handed down on Wednesday morning, found by majority that the developer donation ban did not “burden the implied freedom of political communication” of developers.

It also ruled the ban did not overreach into an area of law exclusively determined by the Commonwealth.

The courts reasons for the ruling will be published at a later date.

Acting Attorney-General Stirling Hinchliffe welcomed the decision as a win.

“Our commitment to transparency and accountability has been upheld in the highest court in Australia,” he said.

The LNP is also currently appealing the State’s $1000 donation declaration threshold.

That case is currently before the Court of Appeal.

“They have done everything they possibly could to keep them a secret, including using the Commonwealth Parliament and gone to the highest court to hide donations,” Mr Hinchliffe said.

“But the jig is up.”