Electoral commission finds $84,137 donated to Owen’s campaign for seat of Newcastle in lead-up to the 2011 NSW election unlawful

This article is more than 3 years old

This article is more than 3 years old

Former New South Wales Liberal MP Tim Owen has repaid $50,000 in donations which the state electoral commission found to be illegal after an investigation triggered by the Independent Commission against Corruption.

The NSW Electoral Commission has now recovered $666,992 in illegal donations after Operation Spicer which examined alleged developer donations to the NSW Liberal party.

The electoral commission revealed on Monday it found $84,137 donated to Owen’s campaign for the seat of Newcastle in the lead-up to the 2011 state election was unlawful.

It found the money came from banned donors, breached the donation cap and were indirect campaign contributions. However, a separate investigation found there was not sufficient evidence that donations to the Liberal party by Australian Water Holdings, Nathan Tinkler and the Gazal family breached laws that banned property developers donating.

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Owen was elected to parliament in the 2011 election but resigned in 2014 after revelations from Operation Spicer about donations to his campaign. Donations to Owen totalled $64,047.60 while $20,000 in cash donations were made to his campaign director Hugh Thomson.

Owen has paid back $50,000 and Thomson has repaid $20,000 to the state of NSW.

The commission said Owen had also made a false statement on his 2011/12 requisite declaration in attesting that he had disclosed all political donations but it would not be taking any further action.

The commission cleared former Liberal MPs Christopher Spence and Darren Webber of receiving illegal donations through sham company Eightbyfive which made donations to the Liberal party after receiving money from companies such as Australian Water Holdings and Gazcorp.

The money was purportedly for the provision of media, public relations and other services and advice but no proof was produced for Icac that those services were rendered.

The commission investigated whether Spence and Webber received money from Eightbfive that came from banned donors but the crown solicitor’s office advised there was insufficient evidence to prove the donors were property developers, and that payments to Spence and Webber were political donations.

The NSW Electoral Commission’s investigation into funds donated by Eightbyfive is now closed.