Released 29/11/2018
A ban on property developer donations introduced today continues to enhance public confidence in the integrity of our system of representative government.
Banning donations from property developers to any political party in the Assembly or any political candidate provides high level transparency and closes other loopholes potentially used to circumvent the spirit of election rules. Both ACT Labor and ACT Greens do not accept political donations from property developers.
Attorney-General Gordon Ramsay said the ACT Government had today delivered on its 2016 election commitment with the Electoral Amend Bill 2018 introduced into the Legislative Assembly.
“The purpose of this ban is to reduce any risk of actual or perceived undue influence of property developers throughout the ACT electoral system,” Minister Ramsay said.
“Planning and development involve frequent decisions by Government that can have enormous consequences for the profits of private land developers.
“There is a strong public interest in reducing the capacity for these decisions to be influenced through political donations.
Other jurisdictions such as NSW and Queensland have laws banning political donations from property developers.
“Investigations into governments in both states have revealed there is a potential risk of corrupting or corrupt conduct in this industry,” Mr Ramsay said.
Banning property developer donations was recommended by the Select Committee on the 2016 ACT Election and the ACT Electoral Act. The Government agreed with the recommendation in its response to the Select Committee report.
“Under the new laws it will be an offence for property developers and their close associates to give gifts to political entities,” Mr Ramsay said.
“It will also be an offence for political entities to accept gifts from property developers. Defences will apply if the gift is returned within 30 days or if the receiver took reasonable steps to make sure the gift was not from a property developer.”
The ban only covers corporations which are property developers that make planning applications with the ultimate aim of making profit from the sale or lease of residential or commercially developed land. The legislation explicitly states that the ban doesn’t apply to individuals or not for profit bodies.
“In restricting those organisations with the greatest ability to influence and seek access by making large donations we have not prevented not for profit organisations that may be undertaking development of their property assets from supporting political campaigns that align with their members’ interests,” Mr Ramsay said.
The Bill contains transitional provisions that will prohibit property developer donations being received from today. Any donation made by a property developer after today will be required to be repaid to the Territory, to avoid property developers making donations before the legislation commences.
The Bill also includes fundraising contributions in the definition of a gift so that all of the contribution is taken into account for the purpose of disclosure thresholds.
In addition the Bill amends the Act to apply the requirement for reporting of gifts from a donor which reach the $1,000 threshold, within seven days of reaching that threshold, to also apply to any additional gifts from the same donor to promote even greater transparency of electoral funding.
The ban on donations from property developers is an item in the 2016 Parliamentary Agreement between ACT Labor and the ACT Greens.
- Statement ends -
Gordon Ramsay, MLA | Media Releases
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