LNP may need to hand over developer donations to Palaszczuk government
Queensland's LNP is waiting to find out if they will need to give back now illegal donations, or hand them over to the state government.
The Palaszczuk Labor government passed laws last year, backdated until before the 2017 Queensland election, banning property developers from donating money to state and local government politicians, candidates and parties.
Last month, the High Court ruled Queensland's blanket property developer donation ban was valid.
Former LNP Queensland president Gary Spence unsuccessfully challenged the laws in the High Court, arguing the ALP had instituted "a financial gerrymander".
Mr Spence, who is the chairman of engineering consultancy PeakUrban, quit as head of the party last year saying his position had made him a "prohibited donor" putting him at risk of prison time.
Since the court upheld the laws, the LNP has been waiting to hear what it needs to do with its property developer donations, which were collected when they were still legal.
Speaking to ABC Radio Brisbane's Steve Austin, Mr Spence would not say exactly how many "unlawful" donations were sitting idle, but said it was "significantly more" than Mr Austin's $100,000 suggestion.
"I don't know the exact amount but I do know it was multiples of that amount of money [$100,000]," Mr Spence said.
"We are still waiting to get advice from the Electoral Commission as to whether they believe we refund that to the people who made the donations or whether it needs to be given to the state government.
"Wouldn't that be just extraordinary if the state government benefited from these shocking laws?"
In a statement, the Electoral Commission said it was obtaining further advice and would formally advise political parties what they would need to do to comply with the court's decision, as soon as possible.
Mr Spence said he was "really quite disappointed" in the High Court's decision.
"The impact that it has had on us of course, was that we were unable to take donations from a significant proportion of the community.
"It wasn't just those that people think are property developers but also, as in my case, a lot of allied industry - land surveyors, town planners, engineers, architects; anyone who lodges planning applications."
Mr Spence, who will be footing the bill for the court action, said he doesn't "think there will be much change out of half-a-million dollars".
The High Court's full reasons, published last week, revealed the ban was only narrowly upheld, with the support of four out of the seven judges who heard the case.
The Palaszczuk government introduced the donation ban for state and local government after a Crime and Corruption probe into corruption allegations in councils.
The CCC only recommended the ban apply to councils.
However, Deputy Premier Jackie Trad said if it was "good enough for one level of government, it's good enough for all levels of government".
Last month, LNP deputy leader Tim Mander said the laws were politically motivated.
"We don't think it's fair that one section of the community should not be allowed to be part of the political process," he said.
"Where in the meantime, the Palaszczuk government continues to receive wads of cash from dodgy trade unions."