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2011
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
COMMONWEALTH ELECTORAL AMENDMENT (TOBACCO INDUSTRY DONATIONS) BILL 2011
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator B Brown)
Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011
OUTLINE
The Commonwealth Electoral Amendment (Tobacco Industry Donations) Bill 2011
(the Bill) amends the Commonwealth Electoral Act 1918 (the Electoral Act)
in relation to political donations by the tobacco industry
The Bill contains provisions to:
. make unlawful the receipt of a gift from manufacturers or
wholesalers of tobacco products by political parties; and
. introduce new offences related to this measure.
FINANCIAL IMPACT STATEMENT
Nil.
NOTES ON CLAUSES
Clause 1 - Short Title
1. This is a formal provision specifying the short title.
Clause 2 - Commencement
2. This clause provides for the commencement of the Act. It provides that
all provisions are to commence the day after the Bill receives Royal
Assent.
Clause 3 - Schedules
3. This clause provides that an Act that is specified in a Schedule is
amended or repealed as set out in that Schedule, and any other item in a
Schedule operates according to its terms.
Schedule 1 - Amendment of the Commonwealth Electoral Act 1918
Item 1 - insert new sections 303AA, 303AB and 303AC.
4. Item 1 inserts three new sections into the Commonwealth Electoral Act
which provide for new offences for a political party or candidates to
receive a gift from a manufacturer or wholesaler of tobacco products or
their agents.
5. The new clause 303AA provides that it is unlawful for political parties
and state branches of political parties (subclause (1)), and candidates
and members of a group (subclause (2)) and a person acting on behalf of a
candidate or group to receive a gift from a manufacturer or wholesaler of
tobacco products or their agents.
6. The new clause also provides that it is unlawful for a person acting on
behalf of a political party, state branch, candidate or group to receive
such a gift.
7. Subclauses (4) and (5) specify that for candidates and members of groups
in an election, the prohibition only applies for 30 days after the
polling day in the election.
8. Subclause (6) provides that if a gift is received that is unlawful by
virtue of clause 303AA the value of the gift is payable to the
Commonwealth and may be recovered by the Commonwealth as a debt.
9. New clause 303AB provides in subclause (1) that a person or entity must
not circumvent or attempt to circumvent or collude to circumvent
subclauses 303AA(1) to (3). Subclause (2) provides that a contravention
of (1) is an offence with a maximum penalty of 3 months imprisonment or
10 penalty units or both for natural persons and a maximum of 50 penalty
units for a body corporate.
10. New clause 303AC creates an offence for the giving of gifts to
political parties or candidates if that gift has originated from a
tobacco wholesaler or manufacturer or their agent. The offence extends to
a person giving such a gift on behalf of a tobacco wholesaler or
manufacturer or their agent. The maximum penalty is 3 months imprisonment
or 10 penalty units or both for natural persons or a maximum of 50
penalty units for body corporate.