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Once dubbed the strictest donation laws in the country Victoria’s campaign finance laws are now being dubbed undemocratic and unfair and will be challenged in the high court. Independents and pledging minor parties are taking the state to court over a special exemption for the major parties to make campaign donations beyond a strict donation cap.

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00:00For more than three decades, Paul Hopper has been selling cars in Melbourne's ever-expanding
00:06West.
00:07Have a sit inside, have a look, say what you think.
00:09He's also been selling himself to his community, aspiring to be their man in State Parliament.
00:14I am fiercely protective of the tribe out here, born out here, born in Werribee, love
00:19the people, love the community.
00:21He was unsuccessful as an Independent two years ago, but is now setting up a new West
00:24Party with fellow Independents.
00:26In that process, the unevenness of Victoria's donation laws were laid bare.
00:31And that's just unfair, it's undemocratic and shouldn't be the case.
00:34We should be able to have the same level playing field as the major parties have.
00:39Since 2018, donations from any individual or group to any party or candidate is capped
00:43at $4,850 over a four year period.
00:47There is no expenditure limit, but Labor, Liberals and the Nationals were given an exemption
00:51to set up nominated entities, a body that can hand out cash outside the cap from funds
00:56accumulated over decades.
00:58It's highly problematic that only the legacy parties are able to benefit from them and
01:03Independent candidates don't even have the ability to set one up.
01:08Hi, how are you?
01:10Sophie Tawney was one of a swag of Teal candidates who gave the Liberals a scare in Victoria
01:14at the 2022 state election.
01:17The Teals are joining forces with the West Party and others to challenge the laws in
01:21the High Court.
01:22While reform is about shoring up democracy, these types of reform are really about shoring
01:28up the future of the major parties.
01:30There is no noble purpose behind these nominated entities existing.
01:35Lawyers will argue these rules are unconstitutional because it restricts political communication
01:40without a legitimate reason, such as public safety.
01:43And the state's own review of these laws in March recommended that nominated entities
01:47be scrapped.
01:48The state government is yet to respond.
01:51We already have the strongest donation laws in the country.
01:55With federal and South Australian parliaments considering similar rules, it sets the scene
02:00for a big day in court.

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