Federal Register of Legislation - Australian Government

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A Bill for an Act to amend the Commonwealth Electoral Act 1918 to deny election funding to political candidates accepting gifts derived from tobacco smoking, and for related purposes
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Registered 31 May 2005
Introduced HR 30 May 2005

2004-2005

 

The Parliament of the

Commonwealth of Australia

 

HOUSE OF REPRESENTATIVES

 

 

 

 

Presented and read a first time

 

 

 

 

 

 

Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005

 

No.      , 2005

 

(Mr Kerr)

 

 

 

A Bill for an Act to amend the Commonwealth Electoral Act 1918 to deny election funding to political candidates accepting gifts derived from tobacco smoking, and for related purposes

  

  


Contents

1  Short title....................................................................................................... 1

2  Commencement............................................................................................. 2

3  Schedule......................................................................................................... 2

Schedule 1—Amendment of the Commonwealth Electoral Act 1918      3

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

A Bill for an Act to amend the Commonwealth Electoral Act 1918 to deny election funding to political candidates accepting gifts derived from tobacco smoking, and for related purposes

 

The Parliament of Australia enacts:

Part 1Preliminary

 

1  Short title

                   This Act may be cited as the Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Act 2005.

2  Commencement

                   This Act commences on the day it receives the Royal Assent.

 

3  Schedule

                   Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

 

 

 

 


 

Schedule 1—Amendment of the Commonwealth Electoral Act 1918

1  Section 287

Insert:

tobacco product means:

                     (a)  tobacco (in any form); or

                     (b)  any product (for example a cigar or cigarette):

                              (i)  that contains tobacco as its main or a substantial ingredient; and

                             (ii)  that is designed or intended for human consumption or use; and

                            (iii)  that is not included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989; or

                     (c)  a cigarette paper, cigarette roller or pipe.

2  After subsection 297(2)

Insert:

             (3)  Subject to subsections (1) and (2), a payment under this Division shall not be made if a candidate, group or political party accepts a gift from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products.

3  After subsection 299(6)

Insert:

             (7)  Notwithstanding subsection (6), if, after a payment is made under this Division, knowledge comes to the recipient that a gift received was from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products, to be entitled to retain the payment, the recipient must, within 28 days after the relevant facts have come to his or her knowledge:

                     (a)  disclose the previously unknown facts; and

                     (b)  return the gift.

4  Subsection 304(4)

After “made” (first occurring), insert “, whether the gift was from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products”.

5  Paragraph 305(3)(b)

After “made” (first occurring), insert “, whether the gift was from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products”.

6  Subsection 305A(4)

After “made” (first occurring), insert “, whether the gift was from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products”.

7  After paragraph 305B(3)(b)

Insert:

                    (ba)  whether the gift was from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products;

8  After paragraph 305B(3B)(b)

Insert:

                    (ba)  whether the gift was from a person who derives substantial revenue from the manufacture, distribution or retail of tobacco products; and

 

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