Developer Donation Ban Update

The Electoral Commission of Queensland (ECQ) has issued fresh advice to property developers, following the passage of Commonwealth legislation aimed at preventing state-based campaign donation laws from impacting on federal elections.

The new advice relates to the Queensland Government’s Prohibited Donor Scheme, which aims to prohibit property developers, their close associates and spouses, from making electoral donations.

ECQ is advising that property developers will now be able to give gifts and donations to political parties for Federal purposes. ECQ advises that individuals or entities wishing to make a federal election contribution should ensure they explicitly state that their donation is intended for a federal electoral purpose to avoid violating the Queensland legislation.

Property developers continue to be prohibited from making donations for state or local electoral purposes.

The Property Council has been a vocal opponent of State Government’s Prohibited Donor Scheme on the basis that it singles out the property sector for inequitable treatment under electoral laws, and unduly brands the industry as a corruption risk.

Since the passage of the Bill, the Property Council has been engaged with the Electoral Commission of Queensland (ECQ) to seek further clarity around who is a prohibited donor, and what is a prohibited donation. ECQ have released a number of factsheets, and an FAQ page.

The Queensland legislation is currently the subject of a High Court challenge, which may result in significant changes in the interpretation and application of the donation prohibition.