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This is a Bill, not an Act. For current law, see the Acts databases.
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
i Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005
Contents
1 Short title................................................................................................ 1
2 Commencement ...................................................................................... 2
3 Schedule ................................................................................................. 2
Schedule 1--Amendment of the Commonwealth Electoral Act
1918
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Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005 1
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A Bill for an Act to amend the Commonwealth
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Electoral Act 1918 to deny election funding to
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political candidates accepting gifts derived from
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tobacco smoking, and for related purposes
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The Parliament of Australia enacts:
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Part 1--Preliminary
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1 Short title
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This Act may be cited as the Commonwealth Electoral Amendment
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(Preventing Smoking Related Deaths) Act 2005.
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2 Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005
2 Commencement
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This Act commences on the day it receives the Royal Assent.
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3 Schedule
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Each Act that is specified in a Schedule to this Act is amended or
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repealed as set out in the applicable items in the Schedule
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concerned, and any other item in a Schedule to this Act has effect
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according to its terms.
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Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005 3
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Schedule 1--Amendment of the
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Commonwealth Electoral Act 1918
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1 Section 287
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Insert:
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tobacco product means:
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(a) tobacco (in any form); or
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(b) any product (for example a cigar or cigarette):
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(i) that contains tobacco as its main or a substantial
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ingredient; and
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(ii) that is designed or intended for human consumption or
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use; and
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(iii) that is not included in the Australian Register of
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Therapeutic Goods maintained under the Therapeutic
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Goods Act 1989; or
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(c) a cigarette paper, cigarette roller or pipe.
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2 After subsection 297(2)
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Insert:
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(3) Subject to subsections (1) and (2), a payment under this Division
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shall not be made if a candidate, group or political party accepts a
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gift from a person who derives substantial revenue from the
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manufacture, distribution or retail of tobacco products.
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3 After subsection 299(6)
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Insert:
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(7) Notwithstanding subsection (6), if, after a payment is made under
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this Division, knowledge comes to the recipient that a gift received
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was from a person who derives substantial revenue from the
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manufacture, distribution or retail of tobacco products, to be
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entitled to retain the payment, the recipient must, within 28 days
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after the relevant facts have come to his or her knowledge:
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(a) disclose the previously unknown facts; and
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(b) return the gift.
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4 Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2005
4 Subsection 304(4)
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After "made" (first occurring), insert ", whether the gift was from a
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person who derives substantial revenue from the manufacture,
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distribution or retail of tobacco products".
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5 Paragraph 305(3)(b)
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After "made" (first occurring), insert ", whether the gift was from a
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person who derives substantial revenue from the manufacture,
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distribution or retail of tobacco products".
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6 Subsection 305A(4)
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After "made" (first occurring), insert ", whether the gift was from a
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person who derives substantial revenue from the manufacture,
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distribution or retail of tobacco products".
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7 After paragraph 305B(3)(b)
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Insert:
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(ba) whether the gift was from a person who derives substantial
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revenue from the manufacture, distribution or retail of tobacco
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products;
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8 After paragraph 305B(3B)(b)
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Insert:
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(ba) whether the gift was from a person who derives substantial
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revenue from the manufacture, distribution or retail of tobacco
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products; and
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