Crime and Misconduct Commission Chairperson Robert Needham is concerned that a possible loop-hole in the Local Government Act 1993 will leave future council elections open to the same problems uncovered during the CMC’s public inquiry into the 2004 Gold Coast council election.
The CMC’s inquiry found that, through false statements to the media, a group of Gold Coast candidates were presented as totally independent and funding their own campaign. In fact they were receiving funding, exclusively from parties with development interests, through the initiative of sitting councillors David Power and (the late) Sue Robbins.
Yesterday, a Southport Magistrate dismissed on a legal basis charges against Gold Coast Deputy Mayor David Power who had allegedly breached the Act under section 430 for failing to lodge a third-party return after the 2004 election for gifts he received.
‘The intention of the Act is to ensure that the public is fully informed about all funds received and spent by candidates during an election campaign. If the interpretation adopted by the magistrate in his decision is correct, then the legislation needs to be tightened or the public will continue to be misled,’ Mr Needham said.
‘We run the risk of the same problems arising during the local government election in March next year unless changes are made.’
‘I will write to the Minister for Local Government, Planning and Sport bringing this possible loophole to his attention and asking him to consider changes to the Act should his department decide not to appeal the Magistrate’s decision.’
ENDS
