Commonwealth of Australia Explanatory Memoranda

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COMMONWEALTH ELECTORAL AMENDMENT (PREVENTING SMOKING RELATED DEATHS) BILL 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




i   Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005
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19   A Bill for an Act to amend the Commonwealth
20   Electoral Act 1918 to deny election funding to
21   political candidates accepting gifts derived from
22   tobacco smoking, and for related purposes
23


24   The Parliament of Australia enacts:

25   Part 1--Preliminary
26


27   1 Short title
28              This Act may be cited as the Commonwealth Electoral Amendment
29              (Preventing Smoking Related Deaths) Act 2005.



           Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005 1
 1   2 Commencement
 2             This Act commences on the day it receives the Royal Assent.
 3


 4   3 Schedule
 5             Each Act that is specified in a Schedule to this Act is amended or
 6             repealed as set out in the applicable items in the Schedule
 7             concerned, and any other item in a Schedule to this Act has effect
 8             according to its terms.

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10

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     2    Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005
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 2   Schedule 1--Amendment of the
 3   Commonwealth Electoral Act 1918
 4   1 Section 287
 5         Insert:

 6              tobacco product means:
 7                (a) tobacco (in any form); or
 8                (b) any product (for example a cigar or cigarette):
 9                      (i) that contains tobacco as its main or a substantial
10                          ingredient; and
11                     (ii) that is designed or intended for human consumption or
12                          use; and
13                    (iii) that is not included in the Australian Register of
14                          Therapeutic Goods maintained under the Therapeutic
15                          Goods Act 1989; or
16                (c) a cigarette paper, cigarette roller or pipe.

17   2 After subsection 297(2)
18         Insert:

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

23   3 After subsection 299(6)
24         Insert:

25         (7) Notwithstanding subsection (6), if, after a payment is made under
26             this Division, knowledge comes to the recipient that a gift received
27             was from a person who derives substantial revenue from the
28             manufacture, distribution or retail of tobacco products, to be
29             entitled to retain the payment, the recipient must, within 28 days
30             after the relevant facts have come to his or her knowledge:
31               (a) disclose the previously unknown facts; and
32               (b) return the gift.

          Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005 3
 1   4 Subsection 304(4)
 2        After "made" (first occurring), insert ", whether the gift was from a
 3        person who derives substantial revenue from the manufacture,
 4        distribution or retail of tobacco products".

 5   5 Paragraph 305(3)(b)
 6        After "made" (first occurring), insert ", whether the gift was from a
 7        person who derives substantial revenue from the manufacture,
 8        distribution or retail of tobacco products".

 9   6 Subsection 305A(4)
10        After "made" (first occurring), insert ", whether the gift was from a
11        person who derives substantial revenue from the manufacture,
12        distribution or retail of tobacco products".

13   7 After paragraph 305B(3)(b)
14        Insert:
15              (ba) whether the gift was from a person who derives substantial
16                   revenue from the manufacture, distribution or retail of tobacco
17                   products;

18   8 After paragraph 305B(3B)(b)
19        Insert:
20              (ba) whether the gift was from a person who derives substantial
21                   revenue from the manufacture, distribution or retail of tobacco
22                   products; and
23
24                               ------------------




     4    Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005

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