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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Commonwealth Electoral
Amendment (Preventing Smoking Related Deaths) Bill
2004
No. ,
2004
(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
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:
This Act may be cited as the Commonwealth Electoral Amendment
(Preventing Smoking Related Deaths) Act 2004.
This Act commences on the day it receives the Royal Assent.
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repealed as set out in the applicable items in the Schedule concerned, and any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.
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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