Media Release: Tasmanian Political Donations Laws Challenge

Premier Challenged over State Political Donations Disclosure Laws

1 February 2024

Independent for Nelson Meg Webb MLC said ongoing speculation of an early State election has raised concerns the Rockliff government may prioritise implementing the public funding provisions of the yet to be commenced Electoral Disclosure and Funding Act, while conveniently delaying the donations disclosure sections.

“In light of the unacceptable amount of undisclosed political donations in Tasmania highlighted via today’s federal annual returns, Premier Jeremy Rockliff must guarantee that public funding of House of Assembly election campaigns will not commence under the State’s new Electoral Disclosure and Funding Act until the donations disclosure regime is also in place,” Ms Webb said.

“Once again, the release of the Federal annual returns highlights the secrecy and opacity shrouding political donations, which a rigorous State-based disclosure system should expose but which sadly the Tasmanian Liberal and Labor parties did their best to avoid.

“Despite the sad fact the watered-down legislation passed last year will not provide Tasmanians with the degree of transparency they deserve, at the very least it should provide additional reporting requirements for parties and candidates, particularly during state election periods, but only if those sections of the Act commence.

“I challenge Premier Jeremy Rockliff to publicly guarantee that the new State Electoral Disclosure and Funding Act’s sections that provide taxpayer funding of Lower House election campaigns will not officially commence until the new donations disclosure regime is also implemented and enacted as law.

 

“Partial commencement of Tasmania’s new laws could see political parties and candidates’ election campaigns for the House of Assembly receive taxpayer funding, while also receiving unlimited political donations which would still currently remain secret until they hit the federal disclosure threshold of $16, 300.

“Given that Liberal and Labor teamed up in self-interest last year to legislate an unfettered taxpayer funded election slush fund for themselves, I would hate to think the Rockliff government would further betray Tasmanians by signing off on commencing the public funding of elections parts of the new Act, but not the donations disclosure sections of the new laws.”

Ms Webb said Tasmanian taxpayer-funded House of Assembly election campaigns without the minimal donations disclosure provisions, would expose the new legislation as not just a travesty of a missed opportunity, but also as an unconscionable and reprehensible rort in action.

Background Notes:

• At 9am, on 1 February the Australian Electoral Commission (AEC) publicly releases the political donations annual returns required under Federal legislation for any donations which meet or exceed the disclosure threshold currently of $16, 300. These annual returns can be found at: https://www.aec.gov.au/Parties_and_Representatives/financial_disclosure/transparency-register/
• Section 2 of the new Tasmanian Electoral Disclosure and Funding Act 2023 states the provisions of the Act commence on a day or days to be proclaimed.
• Despite being passed by the Tasmanian Parliament late last year the Act, or sections of the Act, need to be ‘switched on’ to be made ‘live’.
• This delayed commencement mechanism is to enable an unspecified transition period for the development of necessary implementation infrastructure, for example the required new Tasmanian Electoral Commission donations disclosures register and website.
• Different Parts of the Act can commence on different dates, subject to the government of the day’s identification and prioritisation.
• Tasmanian history includes multiple examples of sections of Acts languishing un-commenced for years, while other sections of the same Act were implemented and enforced.
• The Electoral Disclosure and Funding Act 2023 was passed by the Tasmanian Parliament on 23 November 2023, and received Royal Assent on 11 December 2023, but has yet to be commenced partially or fully.