40Exception—political donations and electoral expenditure

40 Exception—political donations and electoral expenditure

(1) A contribution of the following kind made to a person or entity covered by subsection (2) does not constitute a tobacco sponsorship: (a) a gift; (b) a payment or reimbursement of electoral expenditure incurred during an election period. (2) This subsection covers the following persons and entities: (a) a member of the Parliament of the Commonwealth, the Parliament of a State or the Legislative Assembly of a Territory; (b) a candidate for election to such a Parliament or Legislative Assembly; (c) a political party that is registered under Part XI of the Commonwealth Electoral Act 1918 or under corresponding State or Territory legislation; (d) an entity that is associated with a person or entity mentioned in paragraphs (a) to (c); (e) another person campaigning for or on behalf of a person or entity mentioned in paragraphs (a) to (c). (3) Terms used in subsection (1) that are defined in the law dealing with electoral matters (within the ordinary meaning of that expression) of the jurisdiction of the person or entity covered by subsection (2) to whom the contribution is made have the same meaning in subsection (1) as they have in that law.

Note: Example: If a gift is made to a member of the Parliament of New South Wales, and the term ‘gift’ has a defined meaning in the electoral law of that State, then ‘gift’ has the same meaning for the purposes of subsection (1).