[Intl-tobacco] Australia: Tobacco sponsorship of political fundraisers banned

[Robert Weissman]

Tobacco sponsorship of political fundraisers banned
Source: AAP (Australian Associated Press), Monday, 10/30/00

                                                AAP -- Tobacco companies
would be banned from sponsoring political
fundraising events under Labor amendments passed today in the Senate.

The government warned the move could spark a legal challenge.

The Tobacco Advertising Prohibition Amendment Bill phases out tobacco
sponsorship of sporting and cultural events by 2006.

Chris Evans (ALP, WA) said the amendment closed a loophole which had
allowed
tobacco company Philip Morris to sponsor a Liberal Party national
conference
dinner.

"Although Philip Morris manufactures other products I think all
Australians
know their name is synonymous with cigarette products and this
arrangement is
publicly seen to be tobacco sponsorship," Senator Evans said.

But Parliamentary Health Secretary Grant Tambling warned the amendments
could
enable tobacco companies to form a commercial alliance for a High Court
challenge to the constitutional validity of the bill.

"The Labor Party amendment would jeopardise the entire intent of this
legislation," Senator Tambling said.

He said Australian Government Solicitor advice had already warned the
amendments would severely limit free speech by tobacco companies.

"There is a significant risk that those amendments would not satisfy the
test
for the validity of the law on the grounds of freedom of political
communications," Senator Tambling said.

"Therefore we consider it is highly likely that the High Court could
consider
the ALP amendments to the bill to be beyond constitutional power."

But Senator Evans denied the amendments would invite legal challenge as
what
was being prohibited was advertising that was actually paid for by
tobacco
companies.

Tobacco companies could still contribute to debate on illegal tobacco
sales or
sales to minors through advertising, provided they did not encourage
smoking.

"We believe it retains the free-speech rights of tobacco manufacturers
without
permitting advertising by third parties," he said.

Lyn Allison (AD, Vic) said the Australian Democrats hoped the major
parties
would go further and reject any donations from tobacco companies.

"We all remember that Philip Morris sponsored the Liberal Party's
national
conference dinner two years ago and in that year donated an additional
$86,400
to the party," Senator Allison said.

"We believe that accepting financial support from an industry that is
responsible for millions of deaths worldwide is morally reprehensible."

The bill passed the Senate with an additional amendment requiring the
publication of an annual report of any breaches.