Showing posts with label political donations. Show all posts
Showing posts with label political donations. Show all posts

Monday 3 October 2016

Stuart Robert MP - the archetypal Liberal Party politician


Stuart Rowland Robert, Liberal MP for Fadden (QLD) since 2007, is truly the archetypal Liberal Party politician - in parliament for his own personal financial advancement, less than transparent about his investments and business connections or gifts he receives, as well as being quite comfortable with those dodgy political donations schemes operating at state and federal level.

Now it seems that the LNP Fadden Forumwhich reportedly has a $12,000 annual membership fee, is in the news again.

The Australian, 30 September 2016:
A well-connected lobbyist gave more than $110,000 of her “own money’’ to the fundraising entity of federal Liberal MP Stuart Robert as her company was being wound up with unpaid debts.

Simone Holzapfel, a former longtime adviser to Tony ­Abbott, owed more than $430,000, including $355,000 to the Australian Taxation Office, when she donated $114,000 in 12 separate payments to Mr ­Robert’s “Fadden Forum’’ in mid-2013, ahead of the federal election.

Ms Holzapfel was then a lobby­ist for Gold Coast developer Sunland Group, now at the centre of the latest controversy to embroil Mr Robert, the Gold Coast MP sacked last year from the Turnbull ministry.

Months before the donations were made, Mr Robert had ­defended Sunland in parliament over its involvement in the ­detention of two Australians in Dubai, with a speech largely lifted from briefing notes supplied by Ms Holzapfel.

The notes had been sent to both Mr Robert and Mr Abbott’s chief of staff, Peta Credlin, on the morning of the November 26, 2012, speech to parliament.

It can also be revealed that Ms Holzapfel sent the notes to Mr Robert and Ms Credlin while working as Gold Coast Mayor Tom Tate’s media officer.

She left the council in February 2013 to pursue “commercial ventures’’ and reboot lobbying and PR company Shac, which had been set up in 2005.

The $114,000 donation in 2013 and Mr Robert’s bankrolling of “independent’’ candidates ahead of the Gold Coast council elections in March this year — as revealed by The Australian — are now part of an investigation by Queensland’s Crime and Corruption Commission.

Ms Holzapfel has previously told The Australian the donations were her “own money’’ and rejected suggestions she had given the money to Mr Robert’s Fadden Forum on behalf of clients.

“I ­donated because I wanted my ­former boss (Mr Abbott) to ­become prime minister, and that is my right to do,’’ she said then.

It has now been confirmed that at the time of making the donations — between July and September 2013 — Ms Holzapfel’s company was in external administration, with $437,000 in debt.

Ms Holzapfel was the sole directo­r of the company, Coolabird, which had changed its name from Shac months earlier and was eventually wound up.

Administrators confirmed yesterday that the company had debts of $437,000 when it was put into ­liquidation, including a debt of $355,000 to the ATO……

The Sydney Morning Herald, 27 September 2016:

A speech Turnbull government MP Stuart Robert gave to Parliament defending the Gold Coast property developer Sunland was substantially written by the lead lobbyist for the company.

Fairfax Media can reveal that former Tony Abbott staffer-turned-developer-lobbyist Simone Holzapfel was the true author of whole sections of the speech that Mr Robert delivered in November 2012.

Ms Holzapfel wrote a four-page defence of Sunland after a November 17 newspaper article scrutinised the company's dispute with an Australian man who spent five years trapped in a legal nightmare in Dubai.

Seven sections of that response - provided to various government officials and obtained by Fairfax Media - subsequently found their way into Mr Robert's adjournment debate speech on November 26.

Ms Holzapfel's words make up more than half of the speech.

Mr Robert has refused to comment on the revelation, which once again puts the spotlight on his connections with Sunland. Mr Robert's links to the company have come under scrutiny as part of a Queensland corruption inquiry into political donations to Gold Coast City Council candidates, which involves his fundraising body, the Fadden Forum......

UPDATE

The Sydney Morning Herald, 2 October 2016:

Turnbull government MP Stuart Robert has close ties to an African church that supports harsh anti-gay laws and is run by a preacher described as "one of the most homophobic people in the world".

Mr Robert was a founding director of Watoto Australia, an offshoot of the Ugandan-based pentecostal Watoto Church, and has called church leader Gary Skinner one of the "great influences" on his life…..

Gay and lesbian activists say Watoto and Mr Skinner are virulently anti-gay and have contributed to violent homophobia in Uganda. Mr Robert – who was also a member of Watoto's International Board – has travelled to the Ugandan capital Kampala many times to meet Mr Skinner, who says homosexuality is "degrading" and an "inhuman sin" that brings disease and destroys families.

Wednesday 28 September 2016

NSW Political Donations & Election Funding: over the next six months watch for further mentions buried deep in mainstream newspapers


The Sydney Morning Herald on 30 August 2016 indicated that NSW voters may yet see a number of former state politicians fronting local magistrates in the near future:

Former NSW Liberal MPs have been issued letters of demand to repay potentially hundreds of thousands of dollars in illegal donations solicited before the 2011 state election.

As the corruption watchdog prepares to table its report into Liberal Party rorting of political donations laws on Tuesday, Fairfax Media can reveal the NSW electoral commission has issued the demand to some of those caught up in the Operation Spicer inquiry.

The electoral commission has the power to demand repayment of illegal donations. If it is determined that an MP or candidate knew the donation was illegal, they can be forced to repay twice the amount.

An electoral commission spokesman would not release names of those sent the demand, but confirmed it had completed an investigation.

It had "formed the view that sufficient evidence is available to justify recovery action against some of the persons who have received or benefited from unlawful donations, loans or indirect campaign contributions," he said.

"Those persons have been issued with demands for payment. The commission reserves its right to pursue recovery action in the event of non-payment."
It is understood there is some uncertainty over whether the former MPs can be prosecuted under the Election, Funding, Expenditure and Disclosures Act.

The time within which prosecutions can be launched was extended from three to 10 years by Premier Mike Baird in October 2014, but the change only applied to offences committed after that date. The offences in question were committed in 2010.

But there is a question over whether the law could be applied from when they were uncovered by the Independent Commission Against Corruption in 2014 and therefore fall within the original three-year limit…..

The Australian on 31 August 2016 reported that the NSW Liberal Party is still short of funds due to donor identity issues:

The NSW Liberal Party could launch legal action against the NSW Electoral Commission ­if attempts to recover about $4.3 million in withheld campaign funding are unsuccessful.

The party’s state division has been forced to renegotiate millions of dollars in loans taken out from Westpac to cover the shortfall. It is understood division chiefs were hopeful that the findings of Operation Spicer — which found that few within the party’s hierarchy knew about the donations scheme run through the now-­defunct Free Enterprise Foundation — would clear the way for the return of the money.

Instead, it appears the NSW Electoral Commission is continuing to demand the party conduct an audit of all its donations to ­ensure there were no inappropriate third-party donations such as those made through the Free Enterprise Foundation, which took prohibited donations from developers including Brickworks and Elmslea Land Developments.

In a statement, however, the NSW Liberal Party said only that it “continues to work with the NSW Electoral Commission in relation to its 2010-11 return”.

A NSW Electoral Commission spokesman said there had been “no change in relation to the commission’s determination to withhold funding”.

“The party is ineligible for funding on the basis that it has not disclosed the identity of donors for the 2010-11 ­period,” he said. “The party’s eligibility for public funding is not ­related to the ICAC report. Eligibility is prescribed in the Election Funding, Expenditure and Disclosures Act 1981.”

The Daily Telegraph on 22 September 2016 reported that the Liberal Party finally submitted the required donors names and one former Liberal MP has returned $10,000 of the $60,000 in unlawful donations the party received in 2011:

The Liberal Party will get the $3.8 million of the $4.4 million the Electoral Commission withheld from it because of its receipt of illegal donations during the 2011 state election campaign, the Commission has announced in a statement this afternoon.

The Electoral Commission had withheld the money pending what it believed was a proper declaration by the Liberal Party in relation to the illegal developer donations funnelled through the Free Enterprise Foundation and exposed by ICAC.

The Electoral Commission has also announced that it has received a $10,000 payment from former Liberal Charlestown MP Andrew Cornwell, which relates to money he received from developer Jeff McCloy during the 2011 election campaign.

“Following an investigation by inspectors of the NSW Electoral Commission (NSWEC), the NSWEC determined that a number of unlawful donations were made to endorsed candidates of the NSW Liberal Party in the lead up to the 2011 State election.” a statement from the Electoral Commission said.

“This investigation was informed by the Independent Commission Against Corruption’s Operation Spicer.

“One of the matters examined as part of this investigation was a AU$10,000 cash donation for the benefit of former MP Andrew Cornwell.

“That donation was subsequently paid into the account of the Charlestown State Electoral Conference, NSW Liberal Party.

“The NSWEC has the power to take legal action to recover the value of unlawful donations……

On the payment to the Liberal Party, the Commission said: “On 23 March 2016 the NSW Electoral Commission NSWEC determined to withhold almost AU 4.4 million in administrative and election funding from the Liberal Party of Australia, NSW Division (NSW Liberal Party) due to the party’s failure to disclose past donations.

“The donations were primarily made to the party by donors via the Free Enterprise Foundation in the 2010-11 disclosure period.

“On 22 September 2016 the NSWEC determined that a number of these and other undisclosed donations were unlawful and deducted the value of the unlawful donations from the amount of public funding payable to the party.

However ongoing political donation issues are not confined to New South Wales.  North of the Rio Tweed, the Queensland Liberal National Party was reported in the Brisbane Times on 25 September 2016 as having troubles of its own:

A special anti-corruption taskforce has been assigned to investigate claims of dodgy political donations that have embroiled Turnbull government MP Stuart Robert and a Liberal fundraising body he controls.

The investigation comes amid new questions about Mr Robert's connections to property developer Sunland and his support for the company's controversial $600 million plan for two high-rise towers on the Gold Coast.

Mr Robert has admitted his Fadden Forum – a fundraising arm of the Queensland Liberal National Party – was used to secretly bankroll two candidates with $60,000 to run in the March Gold Coast City Council election.

Kristyn Boulton and Felicity Stevenson, who were given $30,000 each, were both members of Mr Robert's staff but ran as independents and did not disclose their Liberal links until after the poll. Ms Boulton was successfully elected while Ms Stevenson failed and returned to Mr Robert's employ.

Political rivals have accused Mr Robert and the LNP of seeking to stack the council by stealth with pro-development councillors.

The Queensland Crime and Corruption Commission this month launched an investigation into the election and has assigned a "specialist team" with political expertise to spearhead the investigation.

It's understood the investigation will seek to examine the provenance of money donated to the Fadden Forum, including suggestions it came from property developers whose involvement was concealed.

One high-profile donor to the Fadden Forum has been Gold Coast developer lobbyist Simone Holzapfel, a former adviser to Tony Abbott, who gave more than $100,000 to the fundraising vehicle.

Wednesday 31 August 2016

NSW Independent Commission Against Corruption 'Operation Spicer': you saw the telemovie now read the book


The NSW Independent Commission Against Corruption (ICAC) investigation named Operation Spicer ran for approximately five months and claimed a number of political scalps including that of the then NSW Coalition Premier Barry O'Farrell.

Operation Spicer hearings were a feature of nightly news reports and journalists' live tweeting during this period.

Given the number of legal challenges mounted against ICAC since those hearings ended the final inquiry report has only now been released to the general public. 

In its media release of 30 August 2016 ICAC states:

Operation Spicer investigation has exposed prohibited donations, fund channelling and non-disclosures in the NSW Liberal Party’s 2011 state election campaign.

The Commission’s report, Investigation into NSW Liberal Party electoral funding for the 2011 state election campaign and other matters, was made public today. The ICAC’s findings include that Raymond Carter, Andrew Cornwell, Garry Edwards, the Hon Michael Gallacher MLC, Nabil Gazal Jnr, Nicholas Gazal, Hilton Grugeon, Christopher Hartcher, Timothy Koelma, Jeffrey McCloy, Timothy Owen, Christopher Spence, Hugh Thomson and Darren Williams acted with the intention of evading laws under the Election Funding, Expenditure and Disclosures Act 1981 (the election funding laws) relating to the disclosure of political donations and the ban on donations from property developers.

Messrs Grugeon, Hartcher, Koelma, McCloy, Owen, Thomson and Williams were also found to have acted with the intention of evading the election funding laws relating to caps on political donations. The Commission also found that Craig Baumann, Nicholas Di Girolamo, Troy Palmer and Darren Webber acted with the intention of evading the election funding laws relating to the disclosure of political donations and that Bart Bassett knowingly solicited a political donation from a property developer.

The ICAC found that during November and December 2010 the Free Enterprise Foundation was used to channel donations to the NSW Liberal Party for its 2011 state election campaign so that the identity of the true donors was disguised. A substantial portion of the $693,000 provided by the foundation and used by the NSW Liberal Party in the campaign originated from donors who were property developers and, therefore, prohibited donors under the election funding laws.

Undisclosed political donations were also channelled through a business, Eightbyfive, to benefit Liberal Party 2011 state election campaigns on the Central Coast. These donations included donations from property developers and donations in excess of the applicable caps on donations.

The ICAC also found that there were payments made by property developers, who were prohibited donors, to help fund NSW Liberal Party candidates’ campaigns in the Hunter. The true nature of these payments was disguised, for example, as consultancy services or funnelled through another company with the intention of evading the election funding laws.

The above are findings of fact, not findings of corrupt conduct. As explained in the Foreword to the report, the ICAC cannot make corrupt conduct findings in cases of failure to comply with the requirements of the election funding laws where, although those failures could have affected the exercise of official functions of the then Election Funding Authority of NSW, officers of that authority were not involved in any wrongdoing.

The ICAC makes a finding of serious corrupt conduct against Joseph Tripodi for, sometime prior to 16 February 2011, misusing his position as a member of Parliament to improperly provide an advantage to Buildev by providing to Darren Williams of that company a copy of the confidential 4 February 2011 NSW Treasury report, Review of Proposed Uses of Mayfield and Intertrade Lands at Newcastle Port.

The Commission’s report notes that at the relevant time proceedings for an offence under the election funding laws had to be commenced within three years from the time the offence was committed. As the Operation Spicer public inquiry did not conclude until September 2014, and the matters canvassed in the report occurred mostly from 2009 to 2011, a prosecution for relevant offences is now statute barred.


 Excerpt One:

Chapter 34 of this report contains statements made pursuant to s 74A(2) of the ICAC Act that the Commission is of the opinion that consideration should be given to obtaining the advice of the Director of Public Prosecutions (DPP) with respect to the prosecution of the following persons:

* Samantha Brookes for two offences of giving false or misleading evidence under s 87 of the ICAC Act • Andrew Cornwell for two offences of giving false or misleading evidence under s 87 of the ICAC Act [Wife of former Liberal MP for Charlestown Andrew Cornwell]

* Timothy Gunasinghe for an offence of giving false or misleading evidence under s 87 of the ICAC Act [GM /Director at Commercialhq]

* Christopher Hartcher for an offence of larceny [former Liberal MP for Terrigal & NSW Minister for State, Minister for Resources and Energy, Minister for Central Coast]

* Timothy Koelma for three offences of giving false or misleading evidence under s 87 of the ICAC Act [Proprietor, Eightbyfive]

* William Saddington for an offence of giving false or misleading evidence under s 87 of the ICAC Act [Director, PW Saddington & Sons Pty Ltd]

* Joseph Tripodi for the common law offence of misconduct in public office. [former Labor MP for Fairfield] 
Note: My red annotations

Excerpt Two:

Set out below are some of the principal factual findings made by the Commission.
* Sometime shortly prior to 16 March 2011, Nathan Tinkler offered to make a political donation to Jodi McKay’s election campaign. In making this offer, Mr Tinkler was attempting to induce Ms McKay to accept a donation from a person she knew to be a prohibited donor and which would be falsely disclosed to the Election Funding Authority as coming from private individuals. Mr Tinkler knew at the time he made the offer that he was a prohibited donor and was not able to make a political donation and that Ms McKay was not able to accept a political donation from him (chapter 11).
* Each of Mr Williams, David Sharpe and Ann Wills of Buildev played an active part in the “Stop Jodi’s Trucks” mailout campaign, which was designed to damage Ms McKay’s prospects of re-election. Given its inherent political nature, the expenditure on the leaflets amounted to “electoral communication expenditure”, as defined by the Election Funding Act. This expenditure was incurred in the period between 1 January 2011 and the end of the polling day for the 2011 NSW state election and was therefore incurred within the “capped expenditure period” as defined in s 95H of the Election Funding Act. As the electoral communication expenditure exceeded $2,000 in a capped expenditure period, Buildev was operating as a “third-party campaigner” as defined in s 4 of the Election Funding Act. Buildev failed to register as a third-party campaigner as required by s 96AA of the Election Funding Act and failed to disclose to the Election Funding Authority its electoral communication expenditure as required by s 88(1A)(a) of the Election Funding Act (chapter 11).
* Mr Tripodi played a central role in the Stop Jodi’s Trucks campaign by nominating the printer for the mailout pamphlets and involving himself in the drafting and design process for the pamphlets (chapter 11).
* During November and December 2010, the Free Enterprise Foundation was used to channel donations to the NSW Liberal Party for its 2011 NSW state election campaign so that the identity of the true donors was disguised. A substantial portion of the $693,000 provided by the Free Enterprise Foundation and used by the NSW Liberal Party in its 2011 state election campaign originated from donors who were property developers and, therefore, prohibited under the Election Funding Act from making political donations (chapter 15).
* Each of Simon McInnes, Paul Nicolaou and Anthony Bandle knowingly used the Free Enterprise Foundation to channel political donations, including political donations from property developers, to the NSW Liberal Party to fund its 2011 state election campaign so that the identity of the true donors was disguised from the Election Funding Authority (chapter 15).
* Timothy Koelma used his business, Eightbyfive, to receive and channel political donations for the benefit of Christopher Hartcher, Christopher Spence, Darren Webber and the NSW Liberal Party for the 2011 Central Coast election campaign with the intention of evading the election funding laws relating to disclosure of political donations, the ban on donations from property developers, which operated from 14 December 2009, and, in relation to payments made after 1 January 2011, the applicable cap on donations. The funds obtained and channelled in this way were used for the purposes of the NSW Liberal Party 2011 election campaigns in the seats of Terrigal, The Entrance and Wyong. Mr Koelma directly benefited from the donations through Eightbyfive, as he was able to draw from those funds to give himself a salary, thereby, enabling him to work for Mr Hartcher on the 2011 NSW state election campaign. Mr Koelma subsequently obtained full-time employment in Mr Hartcher’s ministerial office after the 2011 election (chapter 17).
* Mr Hartcher was involved in the establishment of Eightbyfive and took an active part in using Eightbyfive to channel political donations from Australian Water Holdings Pty Ltd, Gazcorp Pty Ltd and Patinack Farm Pty Ltd for the benefit of the NSW Liberal Party, himself, Mr Spence and Mr Webber with the intention of evading the election funding laws relating to disclosure of political donations, the ban on donations from property developers (in the case of Gazcorp) and, in relation to payments made after 1 January 2011, the applicable cap on donations. Mr Hartcher benefited from this arrangement because part of the funds channelled through Eightbyfive enabled Mr Koelma to work for him on the 2011 NSW state election campaign at no cost to Mr Hartcher, while other funds channelled through Eightbyfive ensured that Mr Hartcher’s likeminded political colleagues were funded to campaign for the Central Coast seats of Wyong and The Entrance (chapter 17).
* Mr Hartcher was a party to an arrangement with Nicholas Di Girolamo and Mr Koelma, whereby Mr Di Girolamo made regular payments through Australian Water Holdings to Eightbyfive. Under this arrangement, between April 2009 and May 2011, Eightbyfive received $183,342.50 from Australian Water Holdings. These payments were ostensibly for the provision of services by Eightbyfive to Australian Water Holdings but were in fact political donations made to assist Mr Hartcher by providing funds to Mr Koelma so that Mr Koelma could work for Mr Hartcher in the lead up to the 2011 NSW state election. Mr Hartcher and the others involved in this arrangement intended to evade the election funding laws relating to the disclosure of political donations. The payments totalling $36,668.50, made after 1 January 2011, exceeded the applicable cap on political donations (chapter 18).
* Mr Hartcher, Nabil Gazal Junior, Nicholas Gazal, Mr Koelma and Mr Spence (the NSW Liberal Party candidate for the seat of The Entrance) were parties to an arrangement whereby, between May 2010 and April 2011, Gazcorp made payments totalling $121,000 to Eightbyfive. These payments were ostensibly for the provision of services by Eightbyfive to Gazcorp but were in fact political donations which were mainly used to help fund Mr Spence so that he could work on the Central Coast election campaign and on his campaign for the seat of The Entrance. Mr Hartcher, Nabil Gazal Jnr, Nicholas Gazal, Mr Koelma and Mr Spence intended by this arrangement to evade the disclosure requirements of the Election Funding Act and the ban on the making and accepting of political donations from property developers. The payments totalling $33,000, made after 1 January 2011, exceeded the applicable cap on political donations (chapter 19).
* Mr Hartcher, Mr Koelma, the Hon Michael Gallacher MLC, Troy Palmer and Mr Williams were parties to an arrangement whereby, between July 2010 and March 2011, Patinack Farm made payments totalling $66,000 to Eightbyfive. These payments were ostensibly for the provision of services by Eightbyfive to Patinack Farm but were in fact political donations to help fund the NSW Liberal Party 2011 Central Coast election campaign. The parties to this arrangement intended to evade the disclosure requirements of the Election Funding Act. The payments made after 1 January 2011, totalling $33,000, exceeded the applicable caps on political donations. Although the payments to Eightbyfive were made by Patinack Farm, the arrangement was organised through Buildev, a property developer (chapter 20).
* Mr Koelma and Mr Webber (the NSW Liberal Party candidate for the seat of Wyong) were parties to an arrangement whereby, between 2010 and 2011, Mr Koelma’s business, Eightbyfive, made payments totalling at least $34,650, and up to $49,500, to Mr Webber. These payments were ostensibly for the provision of services by Mr Webber to Eightbyfive but were in fact political donations to help fund Mr Webber’s 2011 election campaign for the seat of Wyong. The parties to this arrangement intended to evade the disclosure requirements of the Election Funding Act. The payments made after 1 January 2011 exceeded the applicable caps on political donations (chapter 20).
* Raymond Carter used the Free Enterprise Foundation to channel political donations to the NSW Liberal Party for its 2011 NSW state election campaign so that the identity of the true donor was disguised from the Election Funding Authority. A portion of this money was from property developers (chapter 21).
* Mr Carter and Mr Koelma entered into an arrangement to use Mr Koelma’s business, Eightbyfive, to channel political donations to the NSW Liberal Party for the 2011 Central Coast election campaign with the intention of evading the Election Funding Act laws relating to disclosure to the Election Funding Authority of political donations and the ban on accepting political donations from property developers. The political donations obtained by Mr Carter under this scheme included $5,000 from each of LA Commercial Pty Ltd, Yeramba Estates Pty Ltd and Brentwood Village Pty Ltd, and $2,200 from Crown Consortium Pty Ltd (chapter 21).
* In March 2011, Mr Carter used a business, Mickey Tech, with the intention of evading the Election Funding Act laws relating to disclosure of political donations by disguising from the Election Funding Authority political donations of $2,000 from INE Pty Ltd and $2,000 from Maggiotto Building Pty Ltd. In each case, the money was sought and received by Mr Carter as a political donation for the 2011 NSW state election campaign. Although at the time Mr Carter received the money he intended to apply all the money for the purposes of the election campaign, he eventually only applied $2,400 for this purpose, the balance being applied to private use (chapter 21).
* In March 2011, Mr Hartcher received three bank cheques payable to the NSW Liberal Party totalling $4,000. They were received by Mr Hartcher for the benefit of the NSW Liberal Party for the March 2011 state election campaign. In November 2011, some eight months after the election, Mr Hartcher arranged for the cheques to be paid into the trust account of Hartcher Reid, a legal firm, and for that firm to draw a cheque for $4,000 in favour of Mickey Tech, a business owned by Mr Carter’s partner. After the $4,000 was deposited into that account, it was withdrawn in cash by Mr Carter and given to Mr Hartcher. These steps are inconsistent with an intention on the part of Mr Hartcher to apply the $4,000 for the benefit of the NSW Liberal Party (chapter 23).
* In about November 2010, Mr Gallacher sought a political donation from Mr Sharpe of Buildev by inviting him to attend a New Year’s Eve political fundraising function for which Mr Sharpe or Buildev would make a payment. Mr Gallacher knew that they were property developers, and he sought the political donation with the intention of evading the election funding laws relating to the ban on property developers making political donations (chapter 25).
* In late 2010, Mr Gallacher, Mr Hartcher and Mr Williams of Buildev were involved in an arrangement whereby two political donations totalling $53,000 were provided to the NSW Liberal Party for use in its 2011 election campaigns for the seats of Newcastle and Londonderry. To facilitate this arrangement, on 13 December 2010, Mr Palmer, a director of Boardwalk Resources Limited, a company of which Mr Tinkler was the major shareholder, drew two cheques totalling $53,000 payable to the Free Enterprise Foundation. These were provided to Mr Hartcher who arranged for them to be sent to Mr Nicolaou. Mr Nicolaou sent the cheques to the Free Enterprise Foundation. The Free Enterprise Foundation subsequently sent money to the NSW Liberal Party, which included the $53,000. Of the $53,000, some $35,000 was used to help fund Timothy Owen’s 2011 election campaign in the seat of Newcastle and $18,000 was used towards the purchase of a key seats package for Bart Bassett’s 2011 election campaign in the seat of Londonderry. Although the cheques for the donations were drawn on the account of Boardwalk Resources, they were made for Buildev, a property developer. Each of Mr Gallacher, Mr Hartcher and Mr Williams entered into this arrangement with the intention of evading the Election Funding Act laws relating to the accurate disclosure to the Election Funding Authority of political donations (chapter 26).
* In about February 2011, Jeffrey McCloy gave HughThomson $10,000 in cash as a political donation to fund Mr Owen’s 2011 election campaign for the seat of Newcastle with the intention of evading the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation, he intended to evade the disclosure requirements of the Election Funding Act. In accepting the political donation, Mr Thompson intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers and the applicable cap on political donations. By not ensuring the donation was disclosed, he intended to evade the disclosure requirements of the Election Funding Act (chapter 27).
* In early 2011, Mr McCloy gave Mr Owen $10,000 in cash as a political donation to fund Mr Owen’s 2011 election campaign. In making the payment, Mr McCloy intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation, he intended to evade the disclosure requirements of the Election Funding Act. In accepting the political donation, Mr Owen intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers and the applicable cap on political donations. By not ensuring the donation was disclosed, he intended to evade the disclosure requirements of the Election Funding Act (chapter 27).
* In early 2011, Hilton Grugeon gave Mr Thomson $10,000 in cash as a political donation to fund Mr Owen’s 2011 election campaign. In making the payment, Mr Grugeon intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation, he intended to evade the disclosure requirements of the Election Funding Act. In accepting the political donation, Mr Thompson intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers and the applicable cap on political donations. By not ensuring the donation was disclosed, he intended to evade the disclosure requirements of the Election Funding Act (chapter 27).
* Services provided by Mezzanine Media Australia Pty Ltd for Mr Owen’s 2011 election campaign were paid for, in part, by a political donation of $5,000 made by Keith Stronach, a property developer. The payment evaded the Election Funding Act laws relating to the ban on the making of political donations by property developers. The political donation was not disclosed as required by the Election Funding Act. Mr Owen and Mr Thomson were aware that Mr Stronach was a property developer and were aware that Mr Stronach paid money towards Mr Owen’s election campaign (chapter 27).
* Services provided by Mezzanine Media Australia for Mr Owen’s 2011 election campaign were paid for, in part, by a political donation of $14,190 organised by Mr Williams on behalf of Buildev, a property developer. In organising the payment, Mr  Williams intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the applicable cap on political donations. By not reporting the donation he intended to evade the disclosure requirements of the Election Funding Act. Mr Owen and Mr Thomson were aware that Buildev was a property developer and that it had paid money towards Mr Owen’s election campaign (chapter 27).
* Mr Gallacher was responsible for proposing to Mr McCloy and Mr Grugeon an arrangement whereby each of them would contribute to the payment of Luke Grant for his work on Mr Owen’s 2011 election campaign. He did so with the intention that the Election Funding Act laws in relation to the prohibition on political donations from property developers and the requirements for the disclosure of political donations to the Election Funding Authority would be evaded (chapter 27).
* Mr Owen, Mr Thompson, Mr Grugeon and Mr McCloy were parties to an arrangement whereby payments totalling $19,875 made to Mr Grant for his work on Mr Owen’s 2011 election campaign were falsely attributed to services allegedly provided to companies operated by Mr McCloy and Mr Grugeon. Those involved in this arrangement intended to evade the Election Funding Act laws in relation to the prohibition on political donations from property developers and the requirements for the disclosure of political donations to the Election Funding Authority. The payments were also in excess of the caps imposed on individual donors (chapter 27).
* Services provided by Joshua Hodges for Mr Owen’s 2011 election campaign were paid for, in part, by a political donation of $3,998.50 made by William Saddington of PW Saddington & Sons Pty Ltd. The payment was disguised as being for consultancy services provided to that company. The payment had the effect of evading the disclosure requirements of the Election Funding Act. Mr Owen and Mr Thomson were aware that Mr Saddington was contributing to Mr Owen’s election campaign expenses by paying Mr Hodges. They did not ensure that the donation was disclosed as required by the Election Funding Act (chapter 27).
* Services provided by Australian Decal Sales and Manufacturing Co Pty Ltd for Mr Owen’s 2011 election campaign were paid for in August 2011 by a political donation of $3,198.80 organised by Mr Williams on behalf of Buildev, a property developer. By organising the payment, Mr Williams intended to evade the Election Funding Act laws relating to the ban on the making of political donations by property developers and the disclosure requirements of the Election Funding Act. Mr Owen and Mr Thomson were aware this political donation had been made by a property developer and participated in this arrangement with the intention of evading the Election Funding Act laws relating to the ban on accepting political donations from property developers. They did not ensure the donation was disclosed as required by the Election Funding Act (chapter 27).
* During the 2011 NSW state election campaign, a third-party campaign known as “FedUp” was conducted by Rolly De With, Neil Slater and Paul Murphy using the name of a local business association, the Newcastle Alliance. The purpose of the campaign was to assist in defeating the sitting member for the seat of Newcastle, Ms McKay, in the 2011 NSW state election. In March 2011, a payment of $50,000 was arranged by Mr Williams of Buildev and authorised by Mr Tinkler to fund the campaign. The payment was ostensibly made by Serene Lodge Racing Pty Ltd but was in fact money from Mr Tinkler and was made for Buildev, a property developer. The $50,000 payment was a political donation and was in excess of the $2,000 cap on political donations made for the benefit of a third-party campaigner. The political donation was not disclosed to the Election Funding Authority by Buildev, Serene Lodge Racing or Mr Tinkler (chapter 28).
* On 6 October 2010, Mr McCloy paid $10,000 in cash to Andrew Cornwell, the NSW Liberal Party candidate for the seat of Charlestown, as a political donation for Andrew Cornwell’s 2011 election campaign. By making the donation, Mr McCloy intended to evade the Election Funding Act laws relating to the ban on property developers making political donations and the requirement for the disclosure of political donations. By accepting the donation Andrew Cornwell intended to evade the Election Funding Act requirement relating to the ban on property developers making political donations and the requirement for the accurate disclosure of political donations (chapter 29).
* Andrew Cornwell, his wife, Samantha Brookes, and Mr Grugeon were parties to an arrangement involving the pretence that a payment of $10,120 made in early 2011 by Mr Grugeon, a property developer, was for a painting. The $10,120 was in fact a political donation made by Mr Grugeon to fund Andrew Cornwell’s 2011 NSW state election campaign. In participating in this arrangement, Mr Grugeon intended to evade the Election Funding Act laws relating to the ban on the making of donations by property developers and the requirement for disclosure of political donations. In participating in this arrangement, Andrew Cornwell intended to evade the Election Funding Act laws relating to the ban on accepting political donations from property developers, and the requirement for accurate disclosure of political donations received. The payment exceeded the applicable cap on political donations (chapter 29).
* During the 2011 NSW state election campaign, Garry Edwards, the NSW Liberal Party candidate for the seat of Swansea, received a political donation by way of a cash payment of about $1,500 from Mr McCloy, a property developer. Mr Edwards accepted the donation with the intention of evading the election funding laws relating to the ban on accepting political donations from property developers and the requirements for disclosure of political donations. Mr McCloy knew he was making a political donation and that, as a property developer, he was prohibited from making such a donation (chapter 30).
* In 2007, Craig Baumann, the NSW Liberal Party candidate for the seat of Port Stephens, entered into an arrangement with Mr McCloy and Mr Grugeon to disguise from the Election Funding Authority the fact that companies associated with Mr McCloy and Mr Grugeon had donated $79,684 towards Mr Baumann’s 2007 NSW election campaign. As part of this arrangement, a company associated with Mr McCloy made a political donation of $32,604 and a company associated with Mr Grugeon made a political donation of $47,080. These political donations were paid to Mr Baumann’s company, Mambare Pty Ltd, which, in turn, paid the money to the Medowie branch of the NSW Liberal Party to be used for Mr Baumann’s 2007 election campaign. Mr Baumann caused Mambare to lodge a declaration with the Election Funding Authority that falsely claimed that it had donated the money to the NSW Liberal Party. Mr Baumann did so with the intention of evading the election funding laws relating to the accurate disclosure of political donations (chapter 31).
* In about November 2010, Mr Baumann entered into an arrangement with Vincent Heufel with the intention of evading the Election Funding Act laws relating to the truthful disclosure of political donations. Under this arrangement, Mr Heufel made a donation of $100,000 for Mr Baumann’s election campaign and Mr Baumann reduced the amount his company, Mambare, charged for building Mr Heufel’s house by that amount. This was done so that Mr Heufel could falsely represent that he was responsible for making the political donation, rather than Mr Baumann’s company and so that Mambare could evade disclosing that it had made a political donation for Mr Baumann’s 2011 NSW state election campaign (chapter 31).
* In 2010, for the purposes of his 2011 NSW state election campaign, Mr Bassett, the NSW Liberal Party candidate for the seat of Londonderry, solicited a political donation from Buildev, a property developer. This culminated in the drawing of a cheque, dated 13 December 2010, for $18,000 on the account of Boardwalk Resources, which was payable to the Free Enterprise Foundation. The Free Enterprise Foundation subsequently sent money to the NSW Liberal Party, which included the $18,000. The $18,000 was used towards the purchase of a key seats package for Mr Bassett’s 2011 election campaign in the seat of Londonderry. Although the cheque for $18,000 was drawn on the account of Boardwalk Resources, the donation was made for Buildev. Mr Bassett was aware at the time he solicited the political donation that Buildev was a property developer and knew it was not able to make a political donation and he was not able to accept a political donation from a property developer (chapter 32).

Full 172 page report here.

Friday 15 July 2016

Yet another example of why Australia needs uniform 'real time' political donation disclosure laws


The full list of who made declarable cash donations to political parties or independent candidates and, which state parties and associated entities transferred money to their federal counterparts for use in the campaign preceding the 2 July 2016 federal election, won’t be known until 2018.

That will in all probability be less than a year before the next federal election.

Even then the accuracy of disclosures is open to speculation as at the period covering the previous federal election in 2013 indicates:

50 (54%) resulted in the disclosure return requiring amendment
35 returns (38%) required amendment to the reported total value of receipts
32 returns (34%) required amendment to the reported total value of payments
12 returns (13%) required amendment to the reported total value of debts
31 returns (33%) required amendment to the details of individual receipts, either by correcting the details disclosed or adding receipts not included on the return
6 returns (6%) required amendment to the details of outstanding debts, either by correcting the details disclosed or adding debts not included on the return.

Meanwhile, as we wait ABC News on 14 July 2016 supplied yet another example of why real time online publication of political donation declarations would be a wise reform:

A group of Sydney property developers have donated thousands of dollars to the ACT branch of the Liberal Party despite appearing to have no connection with the capital.

Developers are banned from making political donations in New South Wales, but are not in the ACT.

Since last month four companies registered to developers in Sydney have donated a total of $20,000 to the Canberra Liberals.

The ACT Labor Government said it had no record of any of the companies ever working, or applying for work, in the territory.

One of the developers, Tony Merhi, previously appeared before the NSW Independent Commission Against Corruption (ICAC) over allegations he had bypassed his state's ban on developer donations by donating to a Liberal Party slush fund.

Mr Merhi also sparked interest when it was revealed he began donating tens of thousands of dollars to the federal Liberal Party following the NSW ban on developer donations in 2009.

In response to questions from the ABC, regarding the donations and the possibility the Canberra Liberals were being used to avoid the NSW ban, the party released a short statement.

"The Canberra Liberals receive donations from many different individuals and businesses. All donations are permitted under ACT donations laws," the statement read.

Merc Shoppingtown, Toplace, J&M Nassif Property Group and Statewide Planning all made one-off $5,000 donations to the Liberals in June.
Details on the companies are limited, but Australian Securities and Investments Commission (ASIC) records showed they were registered respectively to Tony Merhi, Jean Nassif, John and Maroun Nassif, and Hoda Demian.

The ABC has been unable to contact any of the companies or their directors, other than Toplace, who declined to comment.
The NSW Electoral Commission said the "risk of money being moved between branches of political parties [was] not a new one"….

"The NSW Electoral Commission has advocated reform in this area, as has the Panel of Experts on Political Donations more recently," the Commission said in a statement.

But the Commission said if the ACT Liberal Party chose to transfer the money to their New South Wales colleagues there would be a cap on how quickly they could do it.

"The ACT branch of the Liberal Party can donate this financial year $5,900 to the NSW branch for state purposes and another $5,900 for local government purposes," the Commission said.

The ACT Liberal Party deputy leader Alistair Coe dismissed the issue as a storm in a tea cup.

Mr Coe said the donations were linked to the party's federal campaign.

"So our federal campaign does have different dealings with people right across the ACT and indeed Australia, so to that end those donations are linked to the federal campaign rather than territory politics," he said…..

Last week's update to the ACT's political donation disclosures also shows the Canberra Liberals received one of their largest ever individual donations, $30,000 from Paul Marks, as well as a $15,000 donation from the Victorian branch of the party.

Mr Marks rose to prominence last year when then federal Liberal MP Stuart Robert was forced to resign after it was revealed he held shares in a mining company linked to Mr Marks.

UPDATE


The party's financial dire straits were so bad during the marathon eight-week campaign the Liberals had to scrimp on their advertising earlier to afford a blitz during the final week, when political ads are thought to be most effective.  

One Liberal MP said they were regularly approached and offered donations on the proviso they were not redirected to Mr Turnbull's federal campaign. 

The Australian reported on Friday that Mr Turnbull, a multi-millionaire some estimate could be worth as much as $200 million, had dipped into his own pocket to fund $1 million worth of Liberal Party advertising.

Asked to confirm or deny the report, Mr Turnbull's office declined to answer and instead said all donations would be disclosed and made public. 

"Donations to the Liberal Party are disclosed in accordance with the requirements of the Electoral Act," a spokesman for the Prime Minister said. 

The Australian Electoral Commission says parties must disclose their donors identities each financial year, if their contributions exceed $13,000. But records for the 2016 election campaign will not be made public until February 2017.....  


Thursday 30 June 2016

Australian Federal Election 2016: friends of the Liberal Party


It is wise to be careful who you lie down with, a lesson the Abbott-Turnbull Government chooses to ignore.....
The Age, 17 June 2016:
Members of an extremist Christian sect which has covered up child sex abuse have given secret, coordinated donations to the Liberal Party.
Dozens of Exclusive Brethren members - who practice a radical doctrine of "separation" and are not permitted to vote - donated more than $67,000 to the Liberal Party on the same day in December 2010.
The donations were revealed in documents tabled at the NSW Independent Commission Against Corruption during its inquiry into the source of funds flowing into Liberal Party coffers.
The Exclusive Brethren, recently rebranded the "Plymouth Brethren Christian Church", was described by former Prime Minister Kevin Rudd as "an extremist cult" which breaks up families. But the Liberal party operatives who accepted the en masse donations described them as "friends".
The church first came to public attention in 2006 when it was revealed the group had raised and spent $370,461 to influence the 2004 election on behalf of John Howard, with whom they were close……
Good Weekend today reveals that Mr Hales ordered that some victims of child sexual abuse be paid off to keep quiet. One victim was told his abuse was a "family matter," and nothing to do with the church, even though the church had placed the child with his abuser.
In 2003, the Brethren first excommunicated and then reinstated a man to the church despite overwhelming evidence that he had sexually abused two young girls who were living with him and attending the school where he was a trustee. The Brethren ignored the girls' letters, direct to Mr Hales, in which they begged him not to bring their abuser back. 
The man was later convicted and jailed for offences including sexual intercourse with a child under 10.
The Brethren have issued a number of legal threats in recent weeks to try to stop the Good Weekend story being published. In a statement it said it was "misinformed and plainly wrong" to suggest the church had a problem with sex abuse. The Church "considers any abuse of any member of society abhorrent," the statement said.
Documents tabled at the NSW Independent Commission Against Corruption's Operation Spicer show 62 separate donors, all known members of the Brethren church, sent donations to the Liberal Party's alleged slush fund, the Free Enterprise Foundation.
Each donation was in individual amounts of $1500 or less, and appeared on a document labelled, "Friends". 
According to the NSW Electoral Commission, the Free Enterprise Foundation was used to "channel and disguise" donations "by major political donors, some of whom were prohibited donors" to the Liberal Party. While individually the Brethren were not "major" donors, together their contribution was well above the legal disclosure threshold. It suggests they may have deliberately tried to avoid any need to disclose their collective contribution…..
Brethren members run highly successful businesses, a network of charities, and received $26.6 million in government funding for their private school system…..

Read the full article here.

The Canberra Times, 18 June 2016:

Malcolm Turnbull says he has "no criticisms or complaints" to make of the controversial Exclusive Brethren and is happy for the extremist Christian sect to continue donating to the Liberal Party…..
Mr Turnbull says he has no problem with the sect and religious groups are entitled to manage their own affairs….
"I've got no criticisms or complaints about that organisation," he said. "As you know, everybody is free to make political contributions."…..
The Exclusive Brethren - recently rebranded the "Plymouth Brethren Christian Church" - practice a radical doctrine of "separation" and are not permitted to vote.
Brethren members cannot eat or socialise with "worldly" people, and excommunicated members are usually prevented from seeing their families, including their own children.
The group's wealthy leader, Sydney-based Bruce D. Hales - known as "the Elect" - has told his members to maintain an "utter hatred" of the outside world.
He recently addressed a sermon to a mentally tormented young member of his flock saying it would be better to "finish yourself off" with poison than communicate with members of his own family.
Fairfax Media has revealed Mr Hales ordered that some victims of child sexual abuse be paid off to keep quiet…..

The Age, 19 June 2016:

Prime Minister Malcolm Turnbull's Wentworth electorate appears to operate an under-the-radar donations fund, with little disclosure of what it earns, from whom, or how it's spent.

A Fairfax Media investigation has revealed the Wentworth Forum, a fundraising vehicle that raised $1.4 million during Mr Turnbull's first stint as Liberal Party leader, appears still to be active, despite claims by a spokesman for the Prime Minster "the forum ceased to operate in 2009".

Other donors report putting cash into the "Wentworth FEC", although that body itself does not report receipts or distributions.

Australia's patchwork and opaque disclosure regime makes it virtually impossible to make sense of how much money is flowing in and out of Mr Turnbull's electorate's fundraising entities.
About 20 of Australia's richest 200 people, including billionaires Kerry Stokes and Frank Lowy, kicked in to the Wentworth Forum between 2007 and 2009, with membership then costing up to $55,000.

Prime Minister Malcolm Turnbull's Wentworth electorate appears to operate an under-the-radar donations fund, with little disclosure of what it earns, from whom, or how it's spent.

A Fairfax Media investigation has revealed the Wentworth Forum, a fundraising vehicle that raised $1.4 million during Mr Turnbull's first stint as Liberal Party leader, appears still to be active, despite claims by a spokesman for the Prime Minster "the forum ceased to operate in 2009".

Other donors report putting cash into the "Wentworth FEC", although that body itself does not report receipts or distributions.

Australia's patchwork and opaque disclosure regime makes it virtually impossible to make sense of how much money is flowing in and out of Mr Turnbull's electorate's fundraising entities.

About 20 of Australia's richest 200 people, including billionaires Kerry Stokes and Frank Lowy, kicked in to the Wentworth Forumbetween 2007 and 2009, with membership then costing up to $55,000.

"The Wentworth Forum" maintains an active Australian Business Number and is a trading name owned by the Wentworth Federal Electoral Conference (or FEC, a structure that incorporates all party branches located within the Prime Minister's federal seat).

The forum's website remains live, listing former party treasurer Michael Yabsley​ as honorary chairman and linking to Mr Turnbull's and the party's websites. Its domain registration was updated by an employee of the Prime Minister's private company, Turnbull and Partners Pty Ltd, last year.

An email inquiry sent via the site was answered within hours, but, in his reply, Mr Yabsley said he had not been involved in party fundraising since 2010 and "the Wentworth Forum has not operated since 2009". Mr Yabsley recently told the ABC's Four Corners that he had known of illegitimate fundraising by the Liberal Party, and called for root-and-branch reform.

The Wentworth FEC – like the broader party itself – is an unincorporated entity, a structure not-for-profit experts say is risky for an organisation handling significant sums of money. They have no reporting obligations, cannot hold assets in their own name, cannot be sued and may not pay tax.

Neither the Wentworth Forum nor Wentworth FEC make funding disclosures to the Australian Electoral Commission as an "associated entity", unlike many other fundraising bodies associated with current senior Liberal ministers.

However, according to disclosures by donors to the NSW Electoral Commission, "Wentworth," "Wentworth FEC", "Malcolm Turnbull" or the postal address of Mr Turnbull's electorate office, received a number of political donations…..

Tasmanian Times, 9 September 2015:


See the full story here.