Former Liberal leader Iain Evans has demanded independent ministers Martin Hamilton-Smith and Geoff Brock be forced to immediately reveal any campaign donations, arguing “the public has a right to judge whether there’s any conflicts of interest”.

New laws came into force yesterday that will require all independent MPs to declare donations above $5000, but only after they’ve been voted into office at the next election.

The impetus for tightening the rules governing campaign donations came from Evans, who before he retired represented the Opposition in negotiations with Attorney-General John Rau over framing the revised Electoral Act.

Rau yesterday told InDaily Evans had been “concerned about the idea independents might be able to have their cake and eat it too”, by having their expenditure included within the broader cap of the party they were supporting.

But Evans said that was “not an accurate recollection”, arguing the legislation does not adequately address his misgivings.

“The bigger issue is this: the reality is that Hamilton-Smith and Brock are Ministers of the Crown, sitting at the cabinet table administering a budget of $16 billion,” he said.

“They allocate expenditure and the public have a right to know who’s making donations to them, because the only way the public and the media and the parliament can make any judgement about whether there’s any conflicts of interest is if the donations are made public.”

Evans said he believed Rau’s failure to recollect his exact concerns was an innocent oversight, “because those negotiations we did were very open and honest, with a lot of goodwill in the room”.

“But my view has always been, and remains, that donations to the independents should have to be declared, just as they are for political parties,” he said.

“And they should amend the legislation so that Brock and Hamilton-Smith have to declare all donations received since the election, and do so before the next election.”

He said it was “too late” to declare campaign funds received during this term after the 2018 election.

“I’m not saying there is any conflict of interest, but to have them not declare donations for four years when they’re sitting in administration of a budget of $16 billion … clearly proper process would be that they declare their donations annually or in a timely manner,” said Evans.

“Martin is on the record in the parliament as saying that ‘sunlight is the best disinfectant’; I agree with him. I think Geoff Brock and Martin Hamilton-Smith have an obligation to South Australian taxpayers to declare who their donors are.”

In an emailed statement, Brock told InDaily he had “complied with all electoral requirements as an MP under the Electoral Act and will continue to do so”.

“As a Minister of Cabinet, I am subject to and comply with the Ministerial Code of Conduct,” he said.

However, he has previously stated: “I think we all should be treated the same.”

Geoff Brock

He has said he maintains a separate bank account for electoral expenditure, spends “no more than $12-$13,000 per election” and would be “lucky” to get $5000 in total donations.

Hamilton-Smith’s office sent a similar statement arguing that “the same cabinet and parliamentary rules on disclosure of interests apply to independent MPs as they do to all ministers and members”.

“Any legislative requirements past or proposed regarding donations are and will continue to be adhered to,” the statement said.

Brock’s portfolios cover Regional Development and Local Government, while Hamilton-Smith’s include Defence Industries, Veterans’ and Investment and Trade.

He has reportedly sought to raise funds through a group called the Waite Industry Leader’s Club, but did not respond to questions about whether that group or any other is actively raising funds on his behalf, or if he’d be in favour of further legislative changes to ensure independent MPs serving in cabinet are subject to the same reporting requirements as other ministers.

Both Brock and Hamilton-Smith have signalled their intent to run again in 2018.

Evans insists the Labor and Liberal parties have processes in government “so Ministers of the Crown don’t receive donations direct into their account”.

“That’s to their benefit and that protects the minister from any allegations of conflict of interest,” he said.

“Brock and Hamilton-Smith do not have a party structure, so are donations being received into an account for them to run campaigns in the next three years? If there’s such an account and if it’s receiving donations, how does the parliament know there’s not a conflict of interest?

“How does the media know there’s not a conflict of interest? And how does the public know?”

Evans, a longtime foe of Hamilton-Smith, insisted he was not suggesting such a conflict existed, merely that the new laws did not adequately close the loophole.

“If Tom Koutsantonis and Jay Weatherill through the Labor Party, and Steven Marshall through the Liberal Party, have to declare who their donors are, there’s no reason why the law should treat independents differently,” he said.

“They should amend the law so that the independent ministers have to (immediately) declare their donations.”