LNP boss Gary Spence attacks ban on property developer donations

LNP boss Gary Spence has warned of a legal challenge if the Palaszczuk government bans donations from developers.

Gary Spence is up in arms about cuts to party donors in Queensland. Picture: AAP

The president of Queensland’s Liberal National Party has warned he will launch a legal challenge if the Palaszczuk government bans political donations from property developers.

LNP president Gary Spence, an owner and director of a consulting engineering company, says he would be technically classed as a property developer under the proposed legislation, and has had legal advice that he would be banned from paying to attend his own party’s state convention, buying raffle tickets, or going to fund­raisers.

“Where other than Zimbabwe would the government of the day introduce legislation to nobble its opponents?” Mr Spence said.

Labor rushed legislation into parliament ahead of last November’s Queensland election, to ban property developer donations to local and state government politicians, parties, and candidates. Though the legislation was not passed before the election, the bill was retrospective, meaning the LNP and other political parties refused property developer donations to avoid trouble if the bill was eventually passed.

It is estimated that the LNP’s campaign war chest was reduced by up to $1m by the threatened ban. At the time, Labor said it was acting on the recommendation of the Crime and Corruption Commission, which recommended that property developer donations be banned only at a council level.

Mr Spence said under the legislation — which is expected to be reintroduced into parliament in the same form — he was classed as a property developer, because he was a director and shareholder of a company run by his son-in-law, who was building a small five-lot housing development in the Brisbane suburb of Toowong. He said a separate engineering company, of which he is a director and a shareholder, lodged operational works applications for land subdivision developments. Mr Spence said it was possible the second role could also see him classed as a developer.

The LNP president said it was “shocking” that the government would single out and ban a section of society from making political donations, particularly one that traditionally supported the government’s opponents.

Attorney-General Yvette D’Ath said the government was planning to reintroduce the donation ban legislation this year.

“It’s one we’ll reintroduce back into the parliament as the Premier committed to doing,” Ms D’Ath said yesterday.

Ms D’Ath told The Australian even though the CCC had only recommended a property developer donation ban for council politics, the community would expect it to be extended to the state arena.

“As the Premier said last year, what’s good for local government is good for the state,” Ms D’Ath said today.

“The public would find it hard to swallow that developer donations would be banned for local government, but the same exclusion wouldn’t apply to state candidates, politicians and elections.”

Ms D’Ath declined to say whether the developer ban legislation would be introduced in exactly the same form as it was when introduced into parliament before the election.

Mr Spence’s comments came as the LNP today lost a legal bid to keep secret the identity of donors who give donations of less than $13,500 to the party — even if the cash is for federal campaigns.

Queensland Supreme Court judge David Jackson yesterday ruled in favour of the Electoral Commission of Queensland, who hit the LNP with a lawsuit to settle a dispute over the law governing donations.

The LNP had argued that if donors gave money to the state party for federal campaigns, the LNP should only have to declare donations above the federal threshold of $13,500, rather than the state threshold of $1000.

However, the ECQ said this was unworkable because it would be impossible for the LNP to know donors’ intentions.

Justice Jackson ruled there was no constitutional inconsistency between the state and federal donations laws, and ruled in favour of the ECQ. His decision means the LNP will have to disclose all donations it receives over $1000.