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Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011

Schedule 1 Amendment of the Commonwealth Electoral Act 1918

   

1  After section 303

Insert:

303AA   Certain gifts not to be received

             (1)  It is unlawful for:

                     (a)  a political party; or

                     (b)  a State branch of a political party; or

                     (c)  a person acting on behalf of a political party or a State branch of a political party;

to receive a gift made to or for the benefit of the party or branch by another person or entity if the person or entity making the gift is:

                     (d)  a manufacturer or wholesaler of tobacco products; or

                     (e)  the agent of a manufacturer or wholesaler of tobacco products.

             (2)  It is unlawful for:

                     (a)  a candidate; or

                     (b)  a member of a group; or

                     (c)  a person acting on behalf of a candidate or group;

to receive a gift made to or for the benefit of the candidate or the group, as the case may be, by another person or entity if the person or entity making the gift is:

                     (d)  a manufacturer or wholesaler of tobacco products; or

                     (e)  the agent of a manufacturer or wholesaler of tobacco products.

             (3)  A person or entity must not accept a gift at any time, if the purpose of the gift is to:

                     (a)  to enable the person or entity to make gifts covered by subsections (1) and (2); or

                     (b)  to reimburse the person or entity for making such gifts.

             (4)  For the purpose of subsection (2), a person who is a candidate in an election shall be taken to remain a candidate for 30 days after the polling day in the election.

             (5)  For the purpose of subsection (2), persons who constituted a group in an election shall be taken to continue to constitute the same group for 30 days after the polling day in the election.

             (6)  If a person or entity receives a gift that, by virtue of this section, it is unlawful for the person or entity to receive, an amount equal to the amount or value of the gift is payable by that person or entity to the Commonwealth and may be recovered by the Commonwealth as a debt due to the Commonwealth by action, in a court of competent jurisdiction, against:

                     (a)  in the case of a gift to or for the benefit of a political party or a State branch of a political party:

                              (i)  if the party or branch, as the case may be, is a body corporate—the party or branch, as the case may be; or

                             (ii)  in any other case—the agent of the party or branch, as the case may be; or

                     (b)  in any other case—the candidate or a member of the group or the agent of the candidate or of the group, as the case may be.

303AB   Unlawful circumvention of subsection 303AA(1), (2) or (3)

             (1)  A person or an entity must not:

                     (a)  circumvent, or attempt to circumvent, subsection 303AA(1), (2) or (3); or

                     (b)  act in collusion with another person or entity for that purpose.

             (2)  A person or entity who contravenes subsection (1) is guilty of an offence punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding 10 penalty units or imprisonment for 3 months, or both; or

                     (b)  if the offender is a body corporate—by a fine not exceeding 50 penalty units.

303AC   Unlawful contributions

             (1)  A person or entity must not make a gift to or for the benefit of a political party or a candidate that comes from money, property or services of another person or entity, if that other person or entity is:

                     (a)  a manufacturer or wholesaler of tobacco products; or

                     (b)  the agent of a manufacturer or wholesaler of tobacco products; and

the money, property or services were provided to the first person or entity to enable the person or entity to make that gift or to reimburse the person or entity for making that gift.

             (2)  A person or entity who contravenes subsection (1) is guilty of an offence punishable on conviction:

                     (a)  if the offender is a natural person—by a fine not exceeding 10 penalty units or imprisonment for 3 months, or both; or

                     (b)  if the offender is a body corporate—by a fine not exceeding 50 penalty units.