Glad Handler

• Gladys Berejiklian oversaw 90% of “illegal” donations

• Vast majority in weeks before May federal election

• Optus in criminal breach of “donations” laws in 2019

EXCLUSIVE

ANTHONY KLAN

Over 90 per cent of the “donations” Singaporean Government-owned telco Optus made to Australian political parties last financial year were made under former NSW Premier Gladys Berejiklian.

It can also be revealed the vast majority of the $69,900 “donations” — made despite it being illegal for foreign donors to donate $100 or more — were made just weeks before last year’s federal election.

A form lodged by Optus with the Australian Electoral Commission (AEC) shows $63,300 of the “donations” — just over 90 per cent — were made after Berejiklian was appointed a senior executive in February last year.

Of the $69,900, the vast majority of the money was “donated” to the political parties just weeks before the May federal election.

As previously revealed, Optus claims it is not a “foreign donor” under Australia’s political donations laws — despite being majority owned and controlled by the Singaporean Government.

Optus is refusing to provide any evidence to back the claim.

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The Klaxon’s report Wednesday. Source: The Klaxon

Berejiklian — who was appointed to the company on February 11, while the subject of an ongoing state corruption probe — has repeatedly refused to comment when asked about the “donations” or their legality.

She resigned as NSW Premier in October 2021 after the NSW Independent Commission Against Corruption (ICAC) announced she was one of two people formally under “investigation” in its multi-year Operation Keppel probe.

The investigation is yet to report.

Berejiklian was appointed to the “newly created role” of Managing Director, Enterprise, Business and Institutional by Optus CEO Kelly Bayer-Rosmarin, under Optus chair Paul O’Sullivan.

A key aspect of the role is to obtain business from Australian governments.

Gladys Berejiklian fronts the NSW Indepdendent Commission Against Corruption in late 2021. Source: ICAC

The AEC filings show that in the year to June 30 2022, Optus “donated” $41,400 to the Liberal and National parties and $28,500 to the ALP.

The two biggest donations – $30,000 to the Liberal Party and $27,500 to the ALP – were both made on the same day, April 22 last year.

The federal election was held on May 21.

On May 19, two days earlier, Optus “donated” a further $3,300 to the National Party, the disclosure shows.

The AEC disclosure, signed by Optus VP Regulatory and Public Affairs Andrew Sheridan, was lodged in November and made public last month.

Optus VP Regulatory and Public Affairs Andrew Sheridan. Source: LinkedIn

Under political donor laws introduced in 2019 in a bid to curb foreign interference, it is illegal for foreign donors to give $100 or more to politicians or political parties in any financial year.

“It is illegal for foreign donors to give $100 or more to politicians or political parties in any financial year”

Following the revelations, Optus has said it is not a “foreign donor”.

“Optus does not fall within the definition of a foreign donor under the Commonwealth Electoral Act 1918,” said Sheridan in a statement.

Yet Berejiklian, Sheridan, Optus and Singtel — including Singtel chair Lee Theng Kiat and Group CEO Yuen Kuan Moon — have all repeatedly refused to provide any evidence to back the claim.

Refusing to answer: Key questions put to Gladys Berejiklian, Optus and Singtel.

A company is a “foreign donor” under Australian law if a foreign government owns “more than 50 per cent” of the company.

It is also a “foreign donor” if a foreign government is “in a position to exercise control over the company”.

Optus is both majority owned and controlled by the Singaporean Government.

It is 100 per cent owned by Singtel, which is 52 per cent owned by Singaporean Government investment arm Temasek.

“It is 100 per cent owned by Singtel, which is 52 per cent owned by Singaporean Government investment arm Temasek”

When asked whether Optus disputes being over 50 per cent owned by a foreign government — or whether it disputes a foreign government is “in a position to influence” it — the group has repeatedly refused to comment.

Refusing to comment: Singtel chair Lee Theng Kiat and Group CEO Yuen Kuan Moon. Source: Singtel

In September last year Optus was subject to the nation’s then biggest data breach, with personal details of over 9.8 million Australian’s posted to the dark web.

Seven months later, Optus CEO Kelly Bayer-Rosmarin continues to claim it was a result of a “sophisticated attack”, despite providing no evidence.

Australia’s security and intelligence agencies, Cyber Security Minister Clare O’Neil and many private sector experts all reject Bayer-Rosmarin’s claims, and say it was a simple security breach due to Optus’ negligence.

Optus’ data and disclosure breaches have added to existing serious concerns over the telco, which controls key Australian Defence Force satellite infrastructure.

The Mandarin, a specialist public service publication, writes that the “Singaporean ownership structure” of Optus “has never been uncontroversial in national security circles”.

But since the mass breach there had been an “overt loss of government faith” in Optus, with “political trust spiralling to a new low”.

“There is…a strong precedent for Defence shredding contracts over information security breaches and disclosure failures,” the publication writes.

Optus caught breaking “donations” laws in 2019. Source: SMH

In 2019 it was revealed Optus had breached criminal laws by failing to disclose thousands of dollars of political donations when submitting planning applications to undertake projects at the Perisher and Thredbo ski resorts.

Optus made thousands of dollars in “donations” to the Liberal and Labor parties in 2014-15, which it disclosed to the AEC but did not disclose in multiple planning applications, as required by law.

Optus failed to disclose six donations totalling $5585 — $4805 to the Liberal Party and $1500 to Labor — across four different planning applications, The Sydney Morning Herald reports.

Optus pleaded guilty in the NSW Land and Environment Court, stating it was an “administrative error”.

It received four convictions and was fined $25,000.

“In a letter of apology to the court, Optus vice president of regulatory and public affairs Andrew Sheridan said the donations ‘in no way sought to exert any political influence over our planning applications’,” The Sydney Morning Herald reports.

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Anthony Klan

Editor, The Klaxon