Pauline Hanson has accused Labor of making every attempt to “unstitch” her party after it asked the Queensland Electoral Commission to investigate claims One Nation had breached electoral rules.
The Labor MP Murray Watt wrote to Queensland’s electoral commissioner at the weekend referring him to a report in the Saturday Paper that Pauline Hanson’s One Nation switched its legal structure in November without notifying electoral authorities, or its party members, as required under electoral laws.
The report said One Nation changed its legal structure from an unincorporated association to an incorporated association late last year, and its members might not have been legally transferred to the new entity because party officials failed to obtain members’ written consent.
It said One Nation risked deregistration because its botched incorporation had left it with a noncompliant constitution.
When the party changed its legal structure it adopted the model rules for an incorporated association, rather than develop its own, which are not designed for groups that have a broader purpose than running a club or society, the report said.
It said political parties could use the model rules as a base to ensure compliance with the state-based legislation, but they must amend them to accommodate the requirements of the electoral commissions in the jurisdictions in which they want to stand candidates, which One Nation had not done.
The story prompted Watt to write to Queensland’s electoral commissioner, Walter van der Merwe, on Saturday.
“I ask that you investigate these serious allegations concerning PHON’s registration, and take any action to ensure compliance with the Electoral Act,” Watt’s letter said. “You will recall that One Nation has some history in breaching the Electoral Act, having done so when it applied to register as a party in Queensland in 1997.”
Hanson responded by accusing Bill Shorten of abusing the legal system by burying her in legal paperwork. “From the moment I led One Nation to its historic election result last year, the Labor party has been making every attempt to unstitch One Nation,” Hanson told Guardian Australia, via her spokesman James Ashby.
“Now it seems that Bill Shorten has directed some Labor members to spend their time filing endless complaints against One Nation. This is a typical political tactic that has been used on myself and the One Nation party many times in the past ... it was this same tactic that led to my wrongful imprisonment last time around.
“If the Australian Electoral Commission wish to clarify any innuendo claims by the Labor party, we will be happy to do so. We see this as simply another mischief-making opportunity by Labor members. The structure of One Nation is not unlike that of all major parties,” she said.
One Nation’s restructure has created a host of legal consequences, including giving members new rights under Queensland legislation to ask for financial records or enforce the party’s rules and natural justice requirements in court.
The Australian Business Register shows that One Nation Queensland Division added “Inc” to its name on 28 February.
Earlier searches of the business register as late as 1 March suggested One Nation Queensland Division was an unincorporated entity that was not registered for GST, leading to questions by Labor in Senate estimates on that date about why the party was collecting GST.
Watt said this was the third matter concerning Pauline Hanson’s One Nation that had recently been referred to relevant authorities for investigation.
The others are: the apparent collection of GST, without the Australian Tax Office registration required to collect GST; and the alleged failure to disclose a significant donation received from a property developer, and its use to purchase a light plane.
