Local Government Electoral (Implementing Belcarra) and Other Legislation Amendment Bill 2017

Overview

This bill responds to the Crime and Corruption Commission's Operation Belcarra report by banning political donations from property developers to candidates, councillors, political parties and state MPs in Queensland. It also tightens the rules on how councillors must handle conflicts of interest at council meetings, with new criminal offences and the possibility of being barred from office for four years.

Who it affects

Property developers and their close associates can no longer donate to Queensland politicians or parties. Councillors and mayors face stricter disclosure rules and serious penalties for improperly influencing decisions, while voters gain stronger protections against corruption in planning decisions.

Key changes

• Property developers, their close associates and industry groups made up mostly of developers are banned from making political donations; donations made between the bill's introduction and commencement must be repaid within 30 days
• Making, accepting or soliciting a prohibited donation carries up to 2 years' imprisonment or a 400 penalty unit fine; knowingly participating in a scheme to circumvent the ban carries up to 10 years' imprisonment or 1,500 penalty units
• The State can recover prohibited donations as a debt, doubled if the recipient knew they were unlawful
• Councillors must give detailed particulars when declaring a conflict of interest, and other councillors must vote on whether a real or perceived conflict exists and whether the councillor must leave the room
• Any councillor who suspects another has a conflict of interest must report it to the person presiding, with protection against retaliation (up to 2 years' imprisonment for retaliatory action)
• A new offence of up to 2 years' imprisonment applies if a councillor with a personal interest tries to influence another councillor's vote or a council employee or contractor
• New offences are 'integrity offences', which disqualify a convicted person from being a councillor for 4 years
• Entities can apply to the Electoral Commissioner for a determination that they are not a prohibited donor, with decisions recorded on a public register and subject to review