STILL TIME TO PROSECUTE TOWNSVILLE MAYOR HILL , ROCKHAMPTON MAYOR MARGARET STRELOW AND LABOR/LNP PARTY AGENTS FOR TAKING ILLEGAL FOREIGN ADANI DONATIONS-PAT COLEMAN



STILL TIME TO PROSECUTE TOWNSVILLE MAYOR HILL , ROCKHAMPTON MAYOR MARGARET STRELOW  AND LABOR/LNP PARTY AGENTS FOR TAKING ILLEGAL FOREIGN ADANI DONATIONS-PAT COLEMAN




(NOTE: 23/10/19 The Electoral Commission of Qld has fucked over all my links to donations returns in my articles. They have changed all links. To make it easier to view these broken links go to my page with the new links in a new browser and scroll down to the relevant return in the article. Page link here: https://cynicismcentraltownsvilleaustralia.blogspot.com/2019/10/changed-ecq-donor-returns-links-page.html )

Since I started posting all over  they shut off the ECQ Squiz site to break my links. The new site has massive links here https://www.ecq.qld.gov.au/donations-and-gift-disclosure/disclosure-of-political-donations/published-disclosure-returns  You have to scroll down and chose the archive and manually search from there .

Read this article in the context of the following article relating to the lobbyist donor “GovStrat” which also represents Adani.

Lobbyists take over where developer donors left off in QLD - Pat Coleman





WE CAN GET THE COPS TO PROSECUTE FOR ADANI DONATIONS –OR ELSE!

(See ABC Online article extracted and linked below)

The cops must prosecute Townsville Mayor Jenny Hill for taking money for Adani flights to India, and, the party agents of the QLD Labor party and LNP for taking other Adani donations.  

If you pass this to the cops and they refuse to prosecute, refer them to the QLD CCC (www.ccc.qld.gov.au) . Both the “investigation” by the cops and the CCC/ESC of the cops then becomes matters concerning your personal affairs. As such you can then do a right to information search of all documents relating to that, to the cops, the ESC and the CCC. This puts pressure on everyone, and you will end up with documents that will highlight the corruption rife with this company and coal mine , the governments of this country . And cos you can guess the outcome, the CCC and cops can also be made to feel very uncomfortable.

Ideally, it should be referred to the Qld Electoral Commission, but they are gutless.


The Qld law relating to foreign donations and the crimes associated with it.

Arguably, this can also be used for other foreign donors with Qld addresses on the returns or where their business is or will be in Qld.

Under s205 of The Qld Electoral Act 1992, Adani in Australia is Adani from India  and made donations for a political purpose s263(5) and s265(8) .

205 Related corporations

263Disclosure of gifts by third parties that incur expenditure for political purposes

It is illegal to accept foreign donations in Qld under s269 and 270(1)(a) of The Qld Electoral Act

269 Deciding whether a gift or transfer is of Australian or foreign property

and –
270 Gifts of foreign property—when unlawful for political party, candidate etc. to receive gift

Subdivision 2 Anonymous gifts 271Particular gifts not to be received

The Adani addresses

Adani Mining donations to labor/LNP were made from  Qld addresses  to both the Federal and state branches . Go to http://democracyforsale.net/search-aec/ and type in Adani. Then click on the question mark. Then click on the link that says list all other returns. Then click on the party return links that take you to the AEC PDF Returns and check the addresses. Then go to https://disclosures.ecq.qld.gov.au/Map and type in Adani and look at the addresses. You will see:
GPO Box 2569 Brisbane QLD  4001 , and 25/10 Eagle St Brisbane City

In the Australian Labor Party Federal Branch AEC return for 2012-13 p2  , 2013-14 p2  , 2014-15 p 2 ,  2015-16 p21 its 2569 SYDNEY 2001 Adani’s address is a Qld one GPO Box 2569 Brisbane Qld 4001 .
In The Liberal Party of Australia Federal Branch 2013-14 AEC Return p 1, Adani’s address is also listed as PO Box 2569 Brisbane 4001.

Adani has , as far as can be determined on the public papers donated  that we can see :
$25 900 to labor since 2012. However by typing lobbyist  GovStrat who has Adani , amongst others as clients - into both search engines we see Damien Power , the directer of GovStrat has donated $71260.50 to labor since 2016 . Some of that is Adani money and it can be argued that GovStrat looks to an observer as an associated entity within the definitions. We can see that since 2013 there is also $60 900 to the Libs/LNP . We cant see what the Labor and Coalition associated entities have taken from overseas and other prohibited donors because , although it is said there are supposed to be returns , there aren’t . Thats also an offence.

EXTRATERRITORIALITY IN LAW –HOW TO GET THE BASTARDS

State political parties are members of their federal branches -Qld Electoral Act 1992 s205 , s265 (8) (9)9b) and (10) , and s266D and Division 1 Interpretation (associated entities). The federal and state parties transfer monies back and forth between each other on the returns, either by the way of loans or gifts/donations. Most, if not all members participate in campaigning in local state and federal elections. An attempt to commit an offence is an offence- under the Qld Criminal code Act 1899 CH1s(4) and s(539) ,  and The Qld Electoral Act 1992 s(174)  and the Commonwealth Criminal Code Act 1995 s (11.1)   (But under that section An attempt to commit an offence is deemed to be an offence but not if its merely preparatory- thats what conspiracy is for)  .

When they get together they are Joint offenders s(7) and (8) and the Qld Code . When they scheme together to get around stuff , thats conspiracy  under s541- 543 of that code . Those outside Qld , trying to get around the foreign donations ban , in common purpose , in a conspiracy , are, highly arguably , picked up by sections12-14 and 539 of the QLD Code  -even whilst the Qld Electoral Act says the money should be refunded and money be paid to the commission . s12-14 of the Qld Code -

12 Application of Code as to offences wholly or partially
committed in Queensland


13 Offences enabled, aided, procured or counselled by persons out of Queensland

14 Offences procured in Queensland to be committed out of
Queensland

200 Refusal by public officer to perform duty

204 Disobedience to statute law

543 Other conspiracies

Qld Electoral Act 1992

180 Wilful neglect etc. by commission staff
A senior electoral officer or member of the commission’s staff must not wilfully neglect or fail to perform any duty under this Act.
Maximum penalty—20 penalty units.


The 2 Adani 2016-17 donations that are said to be to the labor federal branch were paid flights for the Townsville Mayor Jenny Hill to fly to India for a meeting. This is well known in the media and public and was reported and she was forced to admit it publicly. The declarations that it was to the federal branch was a false statement , under the CTH Electoral Act , The Qld Electoral Act, Local Government Electoral Act  and false statements and certificates provisions of the QLD Code. 

https://transparency.aec.gov.au/Download/ReturnImageByMoniker?moniker=64-XJAR2 at p21


People engaged in a common purpose and in a conspiracy to put it in that return , when the gift was illegal in Qld . Those that helped were accessories after the fact and, in her position as mayor it was misconduct under s92 and s92A of The Qld Code . And that being misconduct is a CCC matter too (Yippee!).  

On whom do the offences of accepting fall ? Who may prosecute ?

I refer you to s42 of the QLD Acts interpretation Act :
42 Any person may prosecute etc.
Any person may take a proceeding for the imposition or enforcement of a penalty, or the making of a forfeiture order, under an Act.

Though it is notoriously difficult , and leave has been refused previously in the SCOTT VOLKERS case , A  private person is said to be able to bring a private prosecution under Chapter 70 of the QLD Code - Informations by private persons for indictable offences—ex officio indictments s686-695 . You have to seek leave of the Supreme Court and provide security of costs of defence . People should consult the commentary in Carters Criminal Law of Qld and Gilbert v Volkers [2005] 1 Qd R 359 , (2004) A CrimR 553 and [2004] QSC 436 .

On whom do the offences of accepting fall ? Its arguable that the offence duty to refuse the donations under s(7)  s200 and s204 of The Qld Code would fall on the registered officers and the Party Agents listed in the returns  . And that the reference to the corporations act in the electoral act arguably means the parties can separately be prosecuted. It’s only the conspiracy provisions that require the consent of the Attorney General. The coppers can charge under the QLD Code. And , arguably, the coppers would be guilty under s200 and 204 if they don’t. And that being misconduct is a CCC matter too (Yippee! AGAIN !).   

If it is argued that the time limits for the prosecution of summary offences or indictable apply , it is the duty to hand that money back . Every day the Party Agents and Registered Officers haven’t returned that money is an offence under s200 and 204 of the Code at least as it applies to that offence. Also the conspiracy not to do it would be organised between state and federal parties because they always discuss PR fallout for any matter, and everything is scripted to a tee. This doesn’t just apply to Adani , but also other foreign companies .

The Police jurisdiction and powers to proceed. The PPRA amends the powers of arrest that were contained in the Code, for instance , now its beyond doubt they have to give a reason for arrest . The Electoral Act does not rule out police action.

Preamble
(7) Offender may be prosecuted under Code or other statute
When an offender is punishable under the provisions of the Code, and also under the provisions of some other statute, the offender may be prosecuted and convicted under the provisions either of the Code or of such other statute, so that the offender is not twice punished for the same offence.
Reprint current from 23 April 2018
Schedule 1 Acts not affected by this Act
section 12
Domestic and Family Violence Protection Act 2012
Mental Health Act 2016
Public Health Act 2005, chapter 4A
Youth Justice Act 1992 , other than to the extent to which section 365(2) and chapter 15 of this Act apply to children

The 2 Qld Supreme Court cases that concern the relationship between QLD and Commonwealth Electoral laws are :

Local Government Assoc of Qld (Inc) v State of Qld [2001] QCA 517) At this link : http://archive.sclqld.org.au/qjudgment/2001/QCA01-517.pdf
Validity of Qld donor laws against federal laws :


Even if, the party’s plead a federal override, you can by virtue of s3AA State offences that have a federal aspect and PART 1A GENERAL.  4(C) (2) Crimes act Offences under 2 or more laws of the CTH Crimes Act 1914
http://www.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/ca191482/ get the feds to have a crack at them using state law. CTH laws can be enforced by the states and justices are invested with but may decline jurisdiction. The appears to be nothing preventing the feds from doing it in reverse (I stand to be corrected) .

Adani bought India flights for Queensland mayors of councils paying $30m for company airstrip

ABC Online By Peter McCutcheon
Updated

Rockhampton Mayor Margaret Strelow received more than $1,600 in hospitality gifts from Adani during an official trip to India earlier this year, the council has revealed.

The gifts to Councillor Strelow were recorded on Rockhampton Regional Council's official register in April.
A hard copy of the register is on display at the council chambers in Rockhampton, but the details were not published online.

Earlier this month, Cr Strelow and Townsville Mayor Jenny Hill announced they had agreed to pay for the $30 million airstrip at Adani's proposed Carmichael coal mine.

It was part of a deal with the Indian company to guarantee most of the mine's fly-in, fly-out workforce and 2,000 construction workers would be drawn from the two cities.

Cr Hill did publish online her declaration of more than $1,300 in hospitality gifts from Adani, including $1,267 in airfares, a $147 dinner and $51 in transport.

"We accepted a gift to fly from Mumbai to see their solar plant because Adani are very keen to set up solar facilities in the north," Cr Hill told 7.30.

"I don't think there's an issue with that — it's been properly declared and the community can find that on our website."

No potential conflicts were declared

According to official minutes, neither the Townsville nor Rockhampton mayors declared the gifts as a potential conflict of interest when the Adani deal was discussed in council.

Townsville Residents and Ratepayers Association convenor Peter Newey called this a serious oversight.
"In Queensland, you can stay in the meetings and continue, but you must declare a conflict of interest," he said.

However, Queensland's Integrity Commissioner Dr Nikola Stepanov said issues relating to gifts were rarely black and white.

"In each case it's necessary to consider the facts of each case objectively, including the context," she said.

"The most appropriate and ethically sound way forward is to seek advice from someone who is independent.

"It's really about reassuring the public and not re-assuring oneself if you're the gift recipient."

'No requirement to publish details online'

A Rockhampton council spokesman said Cr Strelow was not legally required to publish the gifts online as she was visiting India in an official capacity.

"We note while one Mayor took the additional step of recording it in a different way [online], this isn't required under the [Local Government Regulation] Act," the spokesman said.

"No other council which took part in the trip did so."

The Rockhampton Hospitality Register for Cr Strelow shows a gift of $1,669.93 from Adani on March 18, detailing "flights within India, ground transport and dinner".

The trip to India was at the invitation of Queensland Premier Annastacia Palaszczuk and included five regional mayors.

Cr Hill said Townsville council commissioned KPMG to undertake a cost-benefit analysis of the Adani airstrip deal.

"I think ratepayers will get value for money in the deal, they'll get it through the money coming back through the jobs," she said.

Cr Hill declined to release the KPMG report.

"We're still in commercial negotiations in much of this," she said.

"Once we've signed all the deals, we'll provide information accordingly."

First posted


Cross references


TOWNSVILLE'S JENNY HILL GANG SPLITS ON LABOR TICKET - WORRIED ABOUT SPLITTING THE LOOT AND QUESTIONS FOR EX COPPER AND 2012 -16 COUNCILOR GARY EDDIEHAUSEN-PAT COLEMAN

STILL TIME TO PROSECUTE TOWNSVILLE MAYOR HILL , ROCKHAMPTON MAYOR MARGARET STRELOW AND LABOR/LNP PARTY AGENTS FOR TAKING ILLEGAL FOREIGN ADANI DONATIONS-PAT COLEMAN

SUBMISSION -LIVE EXPORT CATTLE YARDS AT OAK VALLEY TOWNSVILLE -WADDYAH KNOW - THERES USUAL SUSPECT DONORS TOO !- PAT COLEMAN 18/7/2018

SCOOP : COUNCIL ELECTION DONORS BUY COURT MEDIATION OUTCOMES – “PATTERN FORMS”, and, MIADMENT APPROVAL COVERUP - PAT COLEMAN

RE-OPEN THE SUBMISSIONS TO THE QLD DONATIONS INQUIRY WITHOUT CENSORSHIP REDACTION OF DONOR MAFIA MATES !! - Pat Coleman

CENSORED - My Submission to The Electoral Legislation (Political Donations) Amendment Bill 2018 - Pat Coleman

- Pat Coleman

SCOOP: THE CRIMES OF TOWNSVILLE MAYOR JENNY HILL’S GANG, MAIDMENT GROUP AND THE CORRUPTION OF LAURENCE LANCINI AND OTHERS. -PAT COLEMAN 5/7/2018

SCOOP : TOWNSVILLE ENTERPRISE GANG BEGINS DONATING TO THE QLD LNP IN TOWNSVILLE COUNCIL/ MAFIA TURF WAR –PAT COLEMAN

CTH AUDITOR GENERAL SLAMS COMMERCIAL IN CONFIDENCE IN TENDERS -AND MY REPONSE TO TOWNSVILLE MAGPIE - Pat Coleman

A message to Jackie Trad and Tony Mooney (chair of the Hospital Board), Laurence Lancini Chair of The Cowboys Legues Club and Property Council Honcho, and of course , the team. -Pat Coleman

TOWNSVILLE "HIVE DEVELOPMENT" OLD STYLE HERITAGE BROWN BAG BRAWL OPTIONAL PREFERENTIAL VOTING FOR AUSTRALIA-COVERING THE FIELD - Pat Coleman

ITS BATTERY ! Everywhere you look , public tenders go to donors .- Pat Coleman

 

THE LOBBYIST BAG MAN MONEY LAUNDERERS ARTICLES

PURE PROJECTS BRIBES AND TOWNSVILLE LABOR MAYOR JENNY HILL –THE CREATURE OF THE WHITE SHOE BRIGADE LAGOON - Pat Coleman

WHO GOT THE BURDEKIN TOWNSVILLE WATER PIPELINE TENDERS AND WHY - Pat Coleman

Lobbyists take over where developer donors left off in QLD - Pat Coleman

COMPULSORILY ACQUIRE QLD NICKEL AND CLEAN IT OFF THE MAP - Pat Coleman

https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/06/my-views-on-qld-nickel-refinery-at.html

 

THE CONDUCT OF DODGY TOWNSVILLE EX COPPER DALE LAST , FORMER COPPER IN CHARGE OF INVESTIGATIVE PROCESSES TOWNSVILLE COP SHOP BEFORE PALM ISLAND WENT OFF IN 2002- NOW LNP MEMBER FOR BURDEKIN QLD –PAT COLEMAN

https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/07/the-conduct-of-dodgy-townsville-ex.html

PROPOSED ATTACK ON UNCONSTITUTIONAL PUBLIC SCHOOL CHAPLAINS FUNDING . MAKING KIDS BELEIVE IN THINGS THAT DONT EXIST IS ABUSE! - Pat Coleman

https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/06/proposed-attack-on-unconstitutional.html

SCOOP KERRY CHIKAROVSKI’S LOBBYING FIRM STILL REPRESENTING THE MURDERING RON MEDICH-Pat Coleman 18/7/2018

https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/07/scoop-kerry-chikarovskis-lobbying-firm.html

Amberley Fish Deaths -Townsville PFAS Environment Investigators Long time donors- Pat Coleman

A PFAS FOAM INQUIRY’S SUBMISSIONS CLOSE ON THE 6TH of JULY 2018 AND WE HEAR NOTHING FROM CATHY O’TOOLE ???? WHY??? - Pat Coleman

OPTIONAL PREFERENTIAL VOTING FOR AUSTRALIA-COVERING THE FIELD - Pat Coleman


 



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