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
https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009#sch.1-pt.7-ch.57
544Accessories
after the fact to offences
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!).
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.
Criminal
Code Act 1899 Qld https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009#sec.7
Preamble
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.
Police
Powers and Responsibilities Act 2000 https://www.legislation.qld.gov.au/view/html/inforce/current/act-2000-005#sch.1
Reprint
current from 23 April 2018
section 12
Commonwealth
Games Arrangements Act 2011 , chapter 3
Domestic and Family Violence Protection Act 2012
Liquid
Fuel Supply Act 1984 , section 41
Mental Health Act 2016
Parliament
of Queensland Act 2001 , section 44
Public Health Act 2005, chapter 4A
Transport
Operations (Road Use Management) Act 1995 , section 80
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 :
Electoral Commission of
Queensland v Awabdy [2018] QSC 33 (1 March 2018) http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/qld/QSC/2018/33.html?context=1;query=awabdy;mask_path=au/cases/qld/QSC
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."
Topics: regional-development,
mining-industry,
mining-rural, local-government, unemployment, rockhampton-4700, townsville-4810
First posted
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