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This is a Bill, not an Act. For current law, see the Acts databases.
COMMONWEALTH ELECTORAL AMENDMENT (TOBACCO INDUSTRY DONATIONS) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Commonwealth Electoral Amendment
(Tobacco Industry Donations) Bill 2011
No. , 2011
(Senator Bob Brown)
A Bill for an Act to amend the Commonwealth
Electoral Act 1918 in relation to political donations
by the tobacco industry, and for related purposes
i Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011 No. ,
2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendment of the Commonwealth Electoral Act
1918
3
Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011 No. , 2011
1
A Bill for an Act to amend the Commonwealth
1
Electoral Act 1918 in relation to political donations
2
by the tobacco industry, and for related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Commonwealth Electoral Amendment
6
(Tobacco Industry Donations) Act 2011.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2 Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011 No.
, 2011
1
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The 28th day after the day this Act receives
the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedule(s)
8
Each Act that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
13
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011 No. , 2011
3
Schedule 1--Amendment of the
1
Commonwealth Electoral Act 1918
2
3
1 After section 303
4
Insert:
5
303AA Certain gifts not to be received
6
(1) It is unlawful for:
7
(a) a political party; or
8
(b) a State branch of a political party; or
9
(c) a person acting on behalf of a political party or a State branch
10
of a political party;
11
to receive a gift made to or for the benefit of the party or branch by
12
another person or entity if the person or entity making the gift is:
13
(d) a manufacturer or wholesaler of tobacco products; or
14
(e) the agent of a manufacturer or wholesaler of tobacco
15
products.
16
(2) It is unlawful for:
17
(a) a candidate; or
18
(b) a member of a group; or
19
(c) a person acting on behalf of a candidate or group;
20
to receive a gift made to or for the benefit of the candidate or the
21
group, as the case may be, by another person or entity if the person
22
or entity making the gift is:
23
(d) a manufacturer or wholesaler of tobacco products; or
24
(e) the agent of a manufacturer or wholesaler of tobacco
25
products.
26
(3) A person or entity must not accept a gift at any time, if the purpose
27
of the gift is to:
28
(a) to enable the person or entity to make gifts covered by
29
subsections (1) and (2); or
30
(b) to reimburse the person or entity for making such gifts.
31
Schedule 1 Amendment of the Commonwealth Electoral Act 1918
4 Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011 No.
, 2011
(4) For the purpose of subsection (2), a person who is a candidate in an
1
election shall be taken to remain a candidate for 30 days after the
2
polling day in the election.
3
(5) For the purpose of subsection (2), persons who constituted a group
4
in an election shall be taken to continue to constitute the same
5
group for 30 days after the polling day in the election.
6
(6) If a person or entity receives a gift that, by virtue of this section, it
7
is unlawful for the person or entity to receive, an amount equal to
8
the amount or value of the gift is payable by that person or entity to
9
the Commonwealth and may be recovered by the Commonwealth
10
as a debt due to the Commonwealth by action, in a court of
11
competent jurisdiction, against:
12
(a) in the case of a gift to or for the benefit of a political party or
13
a State branch of a political party:
14
(i) if the party or branch, as the case may be, is a body
15
corporate--the party or branch, as the case may be; or
16
(ii) in any other case--the agent of the party or branch, as
17
the case may be; or
18
(b) in any other case--the candidate or a member of the group or
19
the agent of the candidate or of the group, as the case may be.
20
303AB Unlawful circumvention of subsection 303AA(1), (2) or (3)
21
(1) A person or an entity must not:
22
(a) circumvent, or attempt to circumvent, subsection 303AA(1),
23
(2) or (3); or
24
(b) act in collusion with another person or entity for that purpose.
25
(2) A person or entity who contravenes subsection (1) is guilty of an
26
offence punishable on conviction:
27
(a) if the offender is a natural person--by a fine not exceeding
28
10 penalty units or imprisonment for 3 months, or both; or
29
(b) if the offender is a body corporate--by a fine not exceeding
30
50 penalty units.
31
Amendment of the Commonwealth Electoral Act 1918 Schedule 1
Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011 No. , 2011
5
303AC Unlawful contributions
1
(1) A person or entity must not make a gift to or for the benefit of a
2
political party or a candidate that comes from money, property or
3
services of another person or entity, if that other person or entity is:
4
(a) a manufacturer or wholesaler of tobacco products; or
5
(b) the agent of a manufacturer or wholesaler of tobacco
6
products; and
7
the money, property or services were provided to the first person or
8
entity to enable the person or entity to make that gift or to
9
reimburse the person or entity for making that gift.
10
(2) A person or entity who contravenes subsection (1) is guilty of an
11
offence punishable on conviction:
12
(a) if the offender is a natural person--by a fine not exceeding
13
10 penalty units or imprisonment for 3 months, or both; or
14
(b) if the offender is a body corporate--by a fine not exceeding
15
50 penalty units.
16