Legislative Council: Thursday, October 29, 2015

Contents

Liquor Licensing (Prohibition of Certain Liquor) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 27 October 2015..)

The Hon. J.A. DARLEY (16:12): I rise to indicate my support for the Liquor Licensing (Prohibition of Certain Liquor) Amendment Bill. This bill has been introduced in response to the introduction of powdered alcohol (Palcohol) which has been approved for sale in the US. According to the government, the manufacturer is now seeking to distribute the product here in Australia.

According to the minister, while section 131AA of the Liquor Licensing Act 1997 enables the manufacture, sale or supply of certain liquor products to be prohibited on the ground that the products may have a special appeal to minors or be confused with confectionery products, there is no explicit power to enable a product to be prohibited on general public interest or community welfare grounds. That is what this bill seeks to achieve.

Whilst section 131AA is likely to be broad enough to prohibit Palcohol, it is not inconceivable that the product's manufacturers will try to circumvent those provisions. Basically, I think it is a case of better to be safe than sorry, especially when you consider the very serious risks that such a product poses and the potential for misuse.

I agree that a nationally consistent approach to this issue is the most ideal way of moving forward, but given that this may be some time away it is important that we follow the lead of New South Wales, Queensland, Western Australian and Victoria and move swiftly to prevent this product from being sold at least in this jurisdiction. With that, I support the second reading of the bill.

The ACTING PRESIDENT (Hon. J.S.L. Dawkins): I call the Hon. Ms Vincent; thank you for your understanding.

The Hon. K.L. VINCENT (16:15): As always, my pleasure, Sir. It was back to the future day the other day, so it is probably culturally relevant at the moment anyway. I will begin from the beginning, for the sake of Hansard. I will speak briefly in support of the second reading of the Liquor Licensing (Prohibition of Certain Liquor) Amendment Bill. Members may recall that back on 24 March this year I raised the issue of powdered alcohol sales in this place during Question Time, and I think I am correct in saying that I was the first member, and Dignity for Disability was the first party, to raise this very issue in this place.

I never received a formal answer, to the best of my knowledge, to those questions without notice, but I guess the appearance of this bill in this place some seven months later does suggest that Dignity for Disability was on the money in raising this issue, and that our concerns were valid. Therefore, we are very pleased to see them being heeded now. Back on 24 March I said, during Question Time:

Recently the Victorian government has announced that it will move to ban powdered alcohol, known as Palcohol, as there is an expectation that an overseas manufacturer plans to sell this product in Australia.

To make an instant standard drink, one pouch of powdered alcohol is added to water. Media reports suggest that the product is likely to cause security problems for venues and events, as well as schools, because it can be carried in powdered form and then mixed up on site. My questions to the minister are:

1. Is the minister concerned about a potential increased risk of drink spiking with such a substance available?

2. Will the South Australian government follow the Victorian government's move to ban the sale of Palcohol?

The minister then replied:

I thank the honourable member for her most important question. I have read similar articles to those, no doubt, the Hon. Kelly Vincent has considered in relation to the proposed introduction of powdered alcohol here in Australia, and it does sort of beggar belief. Given the access ability of alcohol already, it does amaze me that there is a potential market for selling powdered alcohol, but there you go.

The minister went on to say:

I will watch with great interest—

She never got to finish that sentence due to a great deal of interjecting. She later continued:

Thank you, Mr President, for your protection. It does beggar belief, I have to say, in terms of where the market appeal for this is. I have also understood some of the concerns, particularly around young people being able to more readily hide the sachets. I do not have a view at this point in time. I need to consider this carefully before, if necessary, taking a position to cabinet.

I have to say in my initial thinking it is hard for me to see a great deal of difference between carrying a sachet into a venue versus a hip flask, for instance. I do not see a great deal of difference in that and, as I said, given the accessibility of alcohol already. It is the same with drink spiking as well. We understand that it is already fairly easy to spike a drink. Perhaps powdered alcohol might make it even easier, I am not sure, but I am certainly prepared to consider the concerns and fears around the introduction of powdered alcohol and, as I said, if necessary, take a position to cabinet.

I am very pleased the minister has heeded those concerns and now obviously has taken a position to cabinet, which has seen the introduction of this bill. I would like to thank the minister and the government for heeding Dignity for Disability's concerns about this, as raised back in March. With those words, as we did have those concerns back then when we first raised the issue in the parliament back in March—and still have them now—we are pleased to support the bill.

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (16:19): I believe all those wishing to make a second reading contribution have done so. By way of concluding, I would like to thank those honourable members for their contributions and their support for this bill that seeks to prevent the manufacture and distribution of powdered alcohol. I look forward to dealing with this expeditiously through the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. G.E. GAGO (Minister for Employment, Higher Education and Skills, Minister for Science and Information Economy, Minister for the Status of Women, Minister for Business Services and Consumers) (16:22): I move:

That this bill be now read a third time.

Bill read a third time and passed.