Cory Bernardi says he will pay for multiple flights with Pauline Hanson in a plane registered to Gina Rinehart’s company amid confusion about whether the trips may contravene South Australia’s new laws banning political donations.
Saturday’s SA election is the first since the new laws came into effect. There are a range of exemptions to the ban, but it is not clear if any of them apply to One Nation as parties, candidates and the electoral commission work through the “world-leading” laws for the first time.
A breach can lead to fines and jail time.
The case is complicated by the fact that Hanson is a federal senator, while Bernardi is the party’s lead candidate for the state upper house.
On her federal register of interests, Hanson thanked Rinehart’s company S Kidman & Co for flights from Archerfield to Adelaide on 14 March, and from Adelaide to Mount Gambier and Maitland on 15 March.
Flight tracking shows the plane then went on to Port Lincoln, Whyalla and back to Adelaide on 16 March, before going to Coober Pedy and back on 17 March.
Guardian Australia asked One Nation and S Kidman & Co about a potential breach of the state donations ban in relation to One Nation on Thursday morning.
When asked at a later press conference whether the flights breached the ban, Hanson said Bernardi would pay for them.
Bernardi said he expected to be billed for the flights and would pick up the tab.
Under the new state laws, some candidates are able to accept donations or loans from individuals, but the amount is capped at $5,000. Private planes cost at least $3,000 an hour.
The independent Tammy Franks, elected in the state upper house for the Greens in 2010 and now seeking a third term as an independent, said the laws were designed to stop billionaires influencing the parliament.
“But it appears to be exactly the opposite of what it was intended to be,” she said.
“This is an uneven playing field.
“I’ve got a number two candidate [ecologist Faith Coleman] who can’t take donations …”
“We get conflicting answers from the electoral commission about how these new laws are meant to operate. We’re told one thing one week and another the next.”
The new legislation bans political donations to parties, politicians and candidates with some exemptions for new entrants. Third parties such as lobbyists and unions must register if they spend or intent to spend more than $10,000.
Registrations closed on 6 March and neither Rinehart nor her companies have registered.
Rinehart was reaffirmed as being Australia’s richest person on Thursday.
The SA laws do not apply if the donation is used for a federal purpose, but when asked about the flights on Thursday, Hanson said it was “nothing to do” with her.
“So my understanding is the bill’s going to Cory Bernardi, who’s paying for it. So it’s nothing to do with me … I was a passenger on the plane,” she said.
“I think you better go and ask Cory.”
However, on her register of political interests she has listed three of the flights with the comment that she is “very thankful to S. Kidman CEO, Adam Giles”.
“It’s also wonderful catching a flight that doesn’t try and welcome me to my own country each time it touches down,” she said.
Bernardi said he was paying his way.
“I said I want to go to these remote communities, so whatever the expense is I’ll pick it up,” he said.
Asked why Hanson had thanked Rinehart’s company for some flights, he said he was not responsible for what she did.
“Maybe she’s put that down because she is flying on the plane, but because it’s my campaign expense I assume I will be billed with it,” he said.
SA’s electoral commission declined to comment on the flights, but said generally that “registered political parties without a member of parliament [that elects not to be treated as recontesting] … may accept electoral donations up to the legislative caps [subject to certain circumstances]”.
That cap is $5,000. Donors may also only lend up to $5,000.
The commission said donations can be used for a federal purpose, and that third parties had to be registered if they were set to spend more than $10,000.
“Contravention of the requirement to be registered is a criminal offence,” it said.
Hanson has failed to declare multiple free flights from Rinehart unrelated to the South Australian campaign.
Asked about one of them on 3 February she said: “If you’re going to try and say that, you know, I’m being funded by Gina Rinehart, the answer is no.”
Barnaby Joyce, who defected from the Nationals to One Nation last year, told the Saturday Paper that Rinehart was a donor to the party.
Rinehart’s company Hancock Prospecting referred to Hanson and Bernardi’s public remarks when contacted for comment.
