Uncertainty over developer donations forces strict stance

AS everyone around him at a Brisbane function tucked into their steak and veg lunch, Lord Mayor Graham Quirk refrained. But it had nothing to do with the quality of the food, writes SARAH VOGLER.

LORD Mayor Graham Quirk would have cut a lonely figure at the head table inside the RNA’s convention centre last month.

He was there to give his annual address at the BDA’s (Brisbane Development Association) State of the City function — a speech he has given every year since taking over the job from former Brisbane lord mayor Campbell Newman.

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But as everyone around him tucked into their steak and vegetables, Cr Quirk did not dare participate. Nor did he try the cheese platter or the petit four that came after.

Not because the meals were not enticing. But because he was unsure if sampling the steak or dessert would land him in hot water under the state’s new developer donation ban.

The ban is designed to put an end to even the mere perception that developers are having any untoward influence on the local or state agenda.

It came into force after the Crime and Corruption Commission’s Belcarra inquiry in to the 2016 local government elections recommended it be brought in on a council level.

Premier Annastacia Palaszczuk decided to extend it to the state arena as well and backdated it to October 12 last year, capturing donations made in the lead-up to the November 2017 state election.

The law prohibits local and state politicians from accepting gifts from anyone considered a property developer and thus a prohibited donor.

Both the donors and the candidates and politicians can be sentenced to jail time if they break the law.

And in Cr Quirk’s eyes, whether or not the BDA constitutes a prohibited donor under the laws is unclear.

Brisbane Lord Mayor Graham Quirk decided against tucking into lunch at the State of the City function for fear of being accused of breaking the law. Picture: Glenn Hunt/AAP

Cr Quirk was also unclear as to whether or not a meal served at a function put on by a group that could be deemed a prohibited donor under the law would constitute a gift and hence also be illegal.

He is not alone. The Local Government Association of Queensland has found there is widespread confusion among councils over just how the laws will work and especially over what constitutes a gift.

According to the Act, a prohibited donor includes a property developer or “an industry representative organisation, a majority of whose members are property developers”.

The BDA’s membership includes not just the State Government but also developers, architects and other groups involved in the development industry.

There is a strong argument that it could be defined as a prohibited donor under the law.

The legislation defines a gift as one made to or for the benefit of political party, an elected member or a candidate in an election campaign.

It is understood the LGAQ and several councils have commissioned multiple pieces of legal advice on what could constitute a gift under the new rules in a bid to clear up any confusion.

So far that advice has been conflicting.

The lawyers have conceded it is arguable

And that has councillors spooked.

LNP state president Gary Spence is challenging the laws in the High Court. Picture: Josh Woning/AAP

So Cr Quirk chose the safe option and decided against enjoying the meal so he could not be accused of breaking the law.

A spokesman for Cr Quirk said recent legal advice from the LGAQ was that even a cup of coffee from a prohibited donor would constitute a banned gift.

“There is still a level of uncertainty surrounding the new donation laws,” he said.

“As the Brisbane Development Association may be a prohibited donor under the legislation, the Lord Mayor is not able to accept any gifts from them.

“Until such time as the uncertainty of this new legislation is resolved, the advice provided to the Lord Mayor has been to play it safe.

“Therefore he did not eat a meal at the BDA event.”

Work is now believed to be under way to settle on a piece of independent legal advice that satisfies both the State Government and councils moving forward.

That gives both certainty.

The Electoral Commission of Queensland and the Government are also yet to settle on a date when the ECQ will start providing advice to donors as to whether they are prohibited under the Act.

The body had asked for a lead-in time of up to six months in order to prepare for its new role.

LNP president Gary Spence has also launched a legal challenge to the laws in the High Court.

In the meantime — for councillors at least — steak will remain off the menu.