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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2008-03-05 Daily Xml
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TOBACCO LAW COMPLIANCE

The Hon. R.P. WORTLEY (15:09): I seek leave to make a brief explanation before asking the Minister for Mental Health and Substance Abuse a question about tobacco compliance.

Leave granted.

The Hon. R.P. WORTLEY: Last November, in an effort to improve the working conditions and health of consumers in licensed venues, tough new anti-smoking regulations were introduced to prevent smoking in enclosed areas. Will the minister update the council on the implementation of these laws?

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (15:09): I am pleased to report to the council that our latest data shows that South Australia's pubs, clubs and licensed venues are embracing the government's indoor smoking bans, which is good news for everyone involved. I am proud of the fact that this government has taken a strong stance on smoking. We know that the health risks associated with second-hand smoke are far greater in enclosed venues. Removing passive smoke from enclosed public places is an important step forward for public health.

In May last year, we made it illegal to smoke in cars when children under 16 were present. We were the first state (and I think we are still the only state, although some of the other states might have followed by now) to bring in such regulations. As at the end of January this year, 63 fines and 25 cautions had been issued in relation to smoking in cars with children present. We have made it harder to buy cigarettes from vending machines. We have banned fruit-flavoured cigarettes (and, again, I think we were the first state, and perhaps the only one, to do that), and we have cracked down on gimmicks and customer loyalty programs. It is with great pleasure that I can report that, since the smoking ban was introduced last November, there has been a significant change within South Australia's licensed venues.

Anyone who has been to their local pub or club can immediately notice the difference. Cigarette smoke does not hang thickly in the air any more and, as a result, the experience of meeting up with friends for an evening out is much more pleasant for non-smokers and staff alike. As I have said previously, non-smokers can reclaim the pubs.

In fact, the industry has been so proactive in meeting the new requirements that only one fine has been issued to a metropolitan hotel for breaching the laws, and that is after 456 inspections by compliance officers. In this instance, the designated smoking area did not meet the minimum requirement of 30 per cent open space. For those wondering, the business was slapped with a $180 fine, which can be increased to $1,250 for ignoring the rules, and individuals face a $95 fine.

The state's licensed venues and clubs have embraced this new smoking law, which enables patrons to enjoy a safe and inviting atmosphere. They know that times have changed and, as we know, public concern about associated health risks has increased. Research conducted just prior to the introduction of these laws found that 86 per cent of South Australians supported the smoke-free legislation and 88 per cent supported smoke-free gaming rooms.

I would like to offer my congratulations to the industry. Just one fine in four months since the new laws took effect shows widespread acceptance of the initiative and, importantly, a positive step towards a healthier hospitality industry. Of course, we will continue to police licensed venues around the state and, if departmental police learn about violations that go uncorrected, they will have the authority to impose fines.

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