TOBACCO PRODUCTS REGULATION (FURTHER RESTRICTIONS) AMENDMENT BILL

Committee Stage

In committee.

Clause 1.

The Hon. T.A. FRANKS: Can the minister clarify whether or not this bill will be able to be applied to beaches?

The Hon. R.P. WORTLEY: No, it is not our intention to apply it to beaches.

The Hon. T.A. FRANKS: Can the minister clarify whether it is the government's intention that, when the bill is enacted, it will be able to be applied to beaches should somebody apply for a beach to be exempted?

The Hon. R.P. WORTLEY: Local government and incorporated bodies can apply to the minister for any area to be nonsmoking, but the minister of the day will have to take into consideration a number of factors, such as enforceability and other factors.

Clause passed.

Clauses 2 to 3 passed.

Clause 4.

The Hon. J.M.A. LENSINK: I move:

Page 3, line 16 [clause 4, inserted section 50(1)]—After 'equipment' insert:

during any period prescribed by the regulations for the purposes of this section.

What this amendment does is provide some narrowing of the scope of the bill in relation to playground equipment. We have no problem, in principle, with banning smoking within 10 metres of any prescribed children's playground. However, the example was given that, if somebody is walking past playground equipment at 10 o'clock at night, we do not see why the law should apply there. This amendment adds, after the word 'equipment' in subclause (1), the words 'during any period prescribed by the regulations for the purposes of this section', so that the government is able to prescribe those conditions. We think that would allow some flexibility in the application of the law.

The Hon. R.P. WORTLEY: The opposition proposes amending section 50 to set by regulation the period that playgrounds are smoke free. The government does not support this amendment. The amendment may create public confusion. The smoke-free area will apply inconsistently across a day, which will make it more difficult to enforce. The bill intends to set a self-regulating community norm. It carries a message that playgrounds are children's places and that it is inappropriate to smoke there or, in fact, around children at all. Easily understood and consistent legislation is important to achieving this outcome.

Time-specific bans are likely to require signage to ensure that the community are aware of when they can and cannot smoke. Providing signage at every playground would be expensive, and it is not being supported by the Local Government Association. Other interstate jurisdictions that have banned smoking in playgrounds have not introduced a time restriction.

The whole intention of this bill is to make it quite clear that playgrounds are areas for children. We do not want a situation where an adult can go there just after dark, at 7 o'clock, to sit in the playground smoking a cigarette. It is not the sort of environment we want. To cut away any ambiguity—

Members interjecting:

The Hon. R.P. WORTLEY: I do not see what is so funny about that. At the end of the day, it is a—

Members interjecting:

The Hon. R.P. WORTLEY: Yes. I think it is important not to have any ambiguity and to support the government's position. I oppose the amendment.

The Hon. J.M.A. LENSINK: Mr Chairman, I think that it might be in the government's best interests if the minister sticks to the script. I can only say that his comments are a whole lot of weasel words. I think that some flexibility is of merit, and I am sure that honourable members will make up their own minds about this particular amendment.

The Hon. D.G.E. HOOD: I will make just a brief contribution. We are inclined to support the amendment. If the government so chooses, it could easily say in regulation that the period would be from 12 midnight to 12am. I do not see that it provides any restriction that any government could not work with. For that reason, we will be inclined to support the amendment.

The Hon. T.A. FRANKS: The Greens will be opposing this amendment. In the example given of a playground, part of the damage that is done by cigarettes being near children's areas is actually the cigarette butts themselves. I have certainly seen children pick up cigarette butts in playgrounds and put them into their mouths, and I do not think that we want to encourage any confusion about whether or not that is appropriate in a playground.

The Hon. J.A. DARLEY: I will be opposing the amendment.

Amendment negatived.

The Hon. R.P. WORTLEY: I move:

Page 4—

Lines 2 to 18 [clause 4, inserted section 51(1) and (2)]—Delete subsections (1) and (2) and substitute:

(1) The Minister may, by notice in the Gazette, declare that smoking is banned in the public area or areas, and during the period (being a period not exceeding 3 days), specified in the notice.

(2) A notice under subsection (1)—

(a) may be of general application or vary in its application in respect of each public area to which it applies; and

(b) may exempt specified areas, specified circumstances or specified times from the operation of the subsection (4); and

(c) may be conditional or unconditional.

The government is proposing an amendment to the bill that will allow smoke-free areas to be declared by regulation while retaining the minister's power to declare a smoke-free area for a period no longer than three days by notice in the Gazette. During debate on the Tobacco Products Regulation (Further Restrictions) Amendment Bill 2011 in the House of Assembly the government agreed to consider between the houses an amendment filed by the opposition.

The opposition suggested an amendment to proposed section 51 changing the mechanism to declare a smoke-free area from a ministerial notice in the Gazette to a regulation. The government considers that declaring smoke-free areas by regulation is a reasonable process for major long-term smoke-free areas, such as an outdoor shopping precinct. However, the government should have the power to respond in a timely way to a request for a smoke-free area for minor events, such as a football carnival, a community fete or an arts festival.

To achieve this the government's proposal amends section 51 retaining the minister's power to declare a smoke-free zone by notice in the Gazette but limiting it to a period of no longer than three days, and to create section 52, which allows a smoke-free area to be established by regulation. In most circumstances it will be impractical to declare an event smoke free without several months' notice due to the cabinet and parliamentary processes that are required. This will deter small community events from requesting a smoke-free declaration.

It is unlikely that these events will be able to request the declaration through regulation with sufficient lead-in time. However, enabling an area to be declared for up to three days by ministerial notice in the Gazette will ensure timely responses to these time-limited small community requests without unnecessary administrative burden. A ministerial notice is a responsive, fast and flexible mechanism for responding to local issues.

The proposed administrative system will require applicants to meet a set of conditions before a notice is issued. However, once the minister or his or her delegate has decided to issue the notice it can be enforced within days. The day that the notice comes into effect is limited only by the closing date for the next Gazette. This allows it to be used effectively to support communities responding to local problems with local solutions.

The Hon. J.M.A. LENSINK: The opposition will support the amendment because it was actually ours that has been slightly rebadged under the government. I am pleased to see they have come to their senses and will be promoting it.

Amendment carried.

The Hon. R.P. WORTLEY: I move:

Page 4, after line 32—Insert:

52—Smoking banned in certain public areas—longer term bans

(1) The Governor may, by regulation, declare that smoking is banned in the public areas specified in the regulations for the purposes of this section.

(2) A person who smokes in a public area declared by the regulations to be a public area in which smoking is banned is guilty of an offence.

Maximum penalty: $200.

Expiation fee: $75.

(3) The regulations under subsection (1)—

(a) may be of general application or vary in their application according to prescribed factors; and

(b) may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or other specified person or body; and

(c) may exempt specified areas, specified circumstances or specified times from the operation of subsection (2); and

(d) may be conditional or unconditional.

(4) If smoking is banned in a public area pursuant to this section, signs setting out the effect of this section and the regulation must be erected in such numbers and in positions of such prominence that the signs are likely to be seen by persons within the public area (however, validity of a prosecution is not affected by non-compliance or insufficient compliance with this subsection).

Amendment carried; clause as amended passed.

Remaining clause (5) and title passed.

Bill reported with amendment.

Third Reading

The Hon. R.P. WORTLEY (Minister for Industrial Relations, Minister for State/Local Government Relations) (20:27): I move:

That this bill be now read a third time.

Bill read a third time and passed.