Tobacco Products Regulation (Artistic Performances) Amendment Bill

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (22:59): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill seeks to amend the Tobacco Products Regulation Act 1997 to provide the Minister for Mental Health and Substance Abuse with the power to exempt artistic performances from Section 46(1) of the Tobacco Products Regulation Act 1997.

Artistic performances add to the rich culture and the economy of South Australia. Sometimes these performances include smoking. For instance, in historical pieces smoking may be used to make the performance feel more authentic. While a few performances are willing to use alternative options, sometimes producers advise that the inclusion of smoking is integral to the script or an essential activity within the context of the performance. It is anticipated that as smoking continues to become further de-normalised in society it will be less necessary in artistic performances. As alternative theatrical devices become more sophisticated we expect these to be used more frequently.

Smoking in enclosed public places, workplaces and shared areas has been prohibited under Section 46(1) of the Tobacco Products Regulation Act 1997 since 2004. A process was introduced to allow artistic performances to apply for an exemption from this Section. Between 2008 and September 2015 a total of 53 requests for exemptions were received and of these, 48 obtained an exemption. Conditions apply to these exemptions including the requirement for audiences to be informed of smoking within the performance, adequate stage and audience ventilation and the use of only herbal rather than tobacco cigarettes.

However, the current process is administratively protracted as exemptions can only be granted by His Excellency the Governor. For applicants this means that they must apply at least three months in advance of the performance and rehearsals. For government this is a complex process of exemption assessment and approval which is disproportionate to the risks posed.

Amendment through the passing of this Bill will simplify the Government's artistic performance exemption procedures by enabling the Minister, or delegate, to grant these exemptions. This will reduce the administrative burden on Cabinet and the Governor. It will produce more flexible and timely responses to applications and reduce the risk of disruption to artistic productions. The current process for applicants will remain unchanged.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal.

Part 2—Amendment of Tobacco Products Regulation Act 1997

3—Amendment of section 71—Exemptions

This clause amends section 71 of the principal Act to allow the Minister to grant exemptions from the Act in relation to artistic performances by notice in writing.

Debate adjourned on motion of Hon. T.J. Stephens.