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Legislative Council - Fifty-Second Parliament, First Session (52-1)
2010-11-10 Daily Xml
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LOCAL GOVERNMENT (MISCELLANEOUS) AMENDMENT BILL

Introduction and First Reading

The Hon. D.W. RIDGWAY (Leader of the Opposition) (12:16): obtained leave and introduced a bill for an act to amend the Local Government Act 1999. Read a first time.

Second Reading

The Hon. D.W. RIDGWAY (Leader of the Opposition) (12:17): I move:

That this bill be now read a second time.

This bill is one that I introduced in the previous parliament before the last election, and it relates to an amendment to the Local Government Act that would afford local councils the power to make by-laws prohibiting smoking in specified public places and, in turn, the power to enforce such laws. The reason I reintroduce this bill is that we have a review happening and quite an undertaking in relation to Rundle Mall to reinvigorate it, with a master planning process being done to do so. As it is one of our premier shopping districts, a couple of years ago I strolled down the mall and looked in my line of sight at about 10am, before much trade had started and people were really only walking through the mall to work.

I calculated that it contained thousands of cigarette butts after doing a multiplication across the mall based on what I could see in a two metre wide strip. It occurred to me that it is the smoking and associated littering that can be a problem, particularly in Rundle Mall as one of our premier shopping precincts. Most other shopping precincts and shopping centres are smoke free. I know that Westfield centres and some others, while an enclosed space in many instances, are big and airy but they are smoke free. That was the catalyst for my wanting to introduce a bill that would give local councils the opportunity to ban smoking in specified areas. As members in this place would know, I am not a wowser and am happy for people to do what they like where they like, other than where it affects others.

As I have walked down the mall occasionally, I have taken particular note of clouds of smoke. One of the things that enrages me the most is seeing people sitting on a bench near a bin, smoking a cigarette, then putting it out and flicking the butt on the ground. Clearly, they have a blatant disregard for the rest of the community.

That is the reason I started to float this idea, and then it became apparent that there were a number of other areas under council control that would benefit—as would the community—such as children's playgrounds. I note that some councils in other states have banned smoking in children's playgrounds and, of course, on the beach. I know that there are councils in New South Wales and Victoria—and I think Queensland now—that have banned smoking, and I know for certain that smoking is banned on the beach at Bondi. It is a council by-law which the council enforces.

I note that Gary Johanson, Mayor of Port Adelaide Enfield, will be re-elected unopposed so, clearly, the community likes some of the things that the mayor promotes. As a child, he actually received quite a nasty burn from a cigarette butt on the beach. The Port Adelaide Enfield council has been lobbying the Local Government Association to have some power to be able to ban smoking on the beach in its council area.

I think smoking should be banned on all our state's beaches, especially during the summer holiday period. I suspect that councils may choose to ban smoking on beaches only during the summer months rather than in the middle of winter, when the impact would not be as great due to the colder temperatures and screaming gales. However, this would be an opportunity for councils to have smoke-free areas when beaches, or any public spaces, are crowded.

I was disappointed in the last parliament. I had written to Lance Armstrong's foundation, LIVESTRONG, and had some correspondence from Mr Armstrong and his organisation strongly supporting any initiatives that would bring about healthy outcomes in our community and, in particular, reduce smoking in our community. I was disappointed that the government did not see an opportunity to support this before the last election, when the Tour Down Under could have been declared a smoke-free event, making it the world's first smoke-free pro tour. The government chose not to do that; I suspect that it was because it was not their idea.

I was encouraged by the response from the LIVESTRONG foundation; it does a lot of good work. I certainly saw this as an opportunity for some bipartisan support of a great initiative that would have made that event smoke-free during the time it travelled through the community.

We have the Christmas Pageant this weekend. On a fine day, up to 400,000 people can attend. The Hon. Russell Wortley says that he will be at the front—maybe in a clown's uniform, maybe just dressed normally; it would be hard to tell the difference. Nonetheless, on a fine day—and, sadly, I think this Saturday is going to be a bit cold and wet—up to 400,000 people, mostly young children and families, attend. Again, it would be a great initiative to be able to declare the route of the Christmas Pageant smoke-free.

The reason I am putting this back on the table for debate is that we have World No Tobacco Day in early May each year, and I am looking to complete the debate on this bill and get it through both houses of parliament at roughly the same time. I would also like it to be lined up with some announcement, perhaps, from the people doing the master planning and revitalisation of the Rundle Mall. Support of this legislation would give the city council the power to declare Rundle Mall smoke-free.

I am sure that, for those in our community who are smokers—employees and members of the public who need a cigarette—there will be a range of smoking areas just off the mall. There will be plenty of opportunities for them to be able to smoke out of the main flow of the general public. This certainly does not impact on public areas designated under the Liquor Licensing Act as being part of a hotel. So the outdoor part of hotels which are deemed to be areas in which alcohol can be served are exempt, because they are part of another act. Certainly, areas such as The Advertiser building, for example, which has an area on top of the building which is a bit of open space for people to eat their lunch and also for those who want a cigarette, would not be affected by this either. Any privately-owned space for either employees or patrons, whether or not it is at hotels where it has been provided for people to smoke, is exempt from this bill.

I hope we will have strong support; the measure did pass the Legislative Council last time, and I hope I will have that support again. I note the comments made by the government in its second reading contribution; it said that the last time it was not prepared to support it at that stage, but I hope we have now reached a stage where the government sees it as an opportunity to bring about a good outcome for the community, and that it will be seen as a positive step forward. With those few words, I urge members to support the bill.

Debate adjourned on motion of Hon. J.M. Gazzola.

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