CCC COMPLAINT ECQ MUST PUT ADDRESSES OF DONORS ON WEBSITE
CCC-ECQ
IMMEDIATE ACTION RQD
Alan
MacSporan Chair CCC Qld
Dear
Citizen MacSporan
TERMS : QEA
= QLD Electoral Act , LGEA = Local Government Electoral Act , Code = Qld Criminal
Code : EXTRACTED PROVISIONS BELOW
IMMEDIATE
ACTION TO COMPEL THE ECQ TO PERFORM ITS DUTY IS REQUIRED OR WE MAY HAVE ANOTHER
2020 BELCARRA #2 DEBACLE
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 .
Complaint ;
The ECQ is intentionally/willfully/ refusing/ breaching its duty to display
relevant particulars of donors and the electorates of the recipients . This is
a crime under:
LGEA s109 Meaning of relevant details for a gift or loan https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#sec.109
LGEA s117 Gifts to candidates https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#sec.117
LGEA s177-s118A Disclosure of
gifts and prohibited gifts https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#pt.6-div.3-sdiv.1
s197
“Definitions- relevant particulars” https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.197
s 265 QEA Gifts to
political parties https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.265
s316 QEA Publishing of returns https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.316
s128-130
LGEA Publication of returns https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#pt.6-div.6
QEA 180 Wilful neglect etc. by commission staff https://www.legislation.qld.gov.au/view/html/inforce/current/act-1992-028#sec.180
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.
LGEA 176 Wilful neglect etc. of electoral officers https://www.legislation.qld.gov.au/view/html/inforce/current/act-2011-027#sec.176
An
electoral officer must not wilfully neglect or fail to perform the officer’s
functions under this Act. Maximum penalty—20 penalty units.
Qld Code 200
Refusal
by public officer to perform duty
Any person who, being employed in
the public service, or as an officer of any court or tribunal, perversely and
without lawful excuse omits or refuses to do any act which it is his or her
duty to do by virtue of his or her employment is guilty of a misdemeanour, and
is liable to imprisonment for 2 years, and to be fined at the discretion of the
court.
S 204 QLD Code Disobedience to statute law https://www.legislation.qld.gov.au/view/html/inforce/current/act-1899-009#sch.1-sec.204
(1)Any person who without lawful
excuse, the proof of which lies on the person, does any act which the person
is, by the provisions of any public statute in force in Queensland, forbidden
to do, or omits to do any act which the person is, by the provisions of any
such statute, required to do, is guilty of a misdemeanour, unless some mode of
proceeding against the person for such disobedience is expressly provided by
statute, and is intended to be exclusive of all other punishment.
(2)The offender is liable to
imprisonment for 1 year.
Under the Qld Electoral Act (QEA) and the Local
Government Electoral Act (LGEA) , Qld and CTH Codes - an “attempt” completes an
offence regardless if you were successful
(s174 QEA , s4 QLD Code , s11.1 Criminal Code Act CTH ) .
Criminal
Code 1995 CTH http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/cca1995115/sch1.html
Before the
realtime disclosure came in we could access the PDF returns in Qld filed by
donors and recipients. These had names and addresses of donors or those that
did it for them and we were able to cross check those addresses. It was illegal
to use PO Boxes as addresses alone. it still is under s109 , 117, 118, LGEA ,
s197 “Definitions- relevant particulars”
and s 265 QEA . And the Commission was supposed to publish returns on
its website under s316 QEA and s128-130
LGEA . But because they haven’t, we cant cross check phone numbers,
addresses, PO Boxes family names or other business names that might use the
same. CLEARLY, PEOPLE ARE STILL BREAKING THE LAW. AND THE COMMISSION IS
BREAKING THE LAW.
To
Illustrate my point, the CCC referred to the Soorley report into the ECQ in
operation Belcarra. Jim Soorley joined the board of Terracom as a director . On
the Realtime site you could see at the very least that the address to for
donation of Terracom was its Blair Athol Coal mine in 2019 and that was $11k to
the ALP in the Burdekin Electorate. The address has been removed and no return
is available with the “relevant details” that must be stated such as , name of
person or agent donating, business or residential address and phone number .
ECQ 'secretive,
authoritarian' organisation with management problems, report finds
By Chris O'Brien Updated 15 Jun 2017, 6:48pm https://www.abc.net.au/news/2017-06-15/ecq-secretive-authoritarian-organisation-report-finds/8619834
Qld
Cabinet Soorley Report https://cabinet.qld.gov.au/documents/2017/Jun/Refer/Attachments/Report.PDF
At least at
the last election subject of Belcarra we had dodgy returns , with mere front
companies and post boxes as addresses. For instance, I was able to google a
post box for a Townsville return which determined a front company “Lentenyard”
was McConaghy Properties and therefore Castletown shopping center needing
approvals. The entire council declared an interest that they took a donation from
Castletown and then voted in favour . But how did they know if it was hidden
behind a front company see my blog https://cynicismcentraltownsvilleaustralia.blogspot.com/2018/07/scoop-crimes-of-townsville-mayor-jenny.html
But the ECQ
changed its website so that, of course you can go to, and download returns manually one by one , but you cant
use the old links in your articles which are now broken . They make it
difficult to save individual links to those returns, but can save the actual
returns . if you save a link it’s a mile long and then prompts a password if
you put it in an article and click on it for a media release https://www.ecq.qld.gov.au/disclosurereturnarchives
And
They broke the link to previous website
with council and state returns . You cant find this link in the new website.
Everything says someone is trying to make things difficult again.
Old site Qld Elections Returns
all types
https://ecq.clients.squiz.net/candidates-and-parties/funding-and-disclosure/disclosure-returns/election-disclosure-returns
Given the
time limits, its nice to discover these things early on as you may be aware
from what was said in the Belcarra report “they know what they did” !
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