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Commonwealth Electoral Amendment (Preventing Smoking Related Deaths) Bill 2004
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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