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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-02-29 Daily Xml
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TOBACCO PRODUCTS REGULATION (FURTHER RESTRICTIONS) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 28 February 2012.)

The Hon. J.M.A. LENSINK (21:07): I rise to make some comments in relation to the Tobacco Products Regulation (Further Restrictions) Amendment Bill 2011 which is supported by the Liberal Party and which, indeed, builds on the very good work of the Liberal leader in this place, the Hon. David Ridgway, who previously introduced a private member's bill, known as the Local Government (Miscellaneous) Amendment Bill. That bill sought to provide councils with powers to make by-laws to prohibit smoking in specified public places and the ability to enforce such by-laws.

I note that the government, in its usual dog-in-the-manger style, chose not to support that particular bill and has now introduced its own version which we have before us and which, as I said, builds on that good work. So it does include those provisions, and it includes some others such as public transport locations, which may include bus shelters, bus stops, tram stops, railway stations, taxi ranks, airport or similar places; shopping precincts (such as Rundle Mall and Jetty Road); and locations close to and in children's playgrounds, in particular within 10 metres of prescribed children's playground equipment.

It may also cover certain special events, such as the Christmas Pageant, and may include parks and areas close to fast-food outlets and other venues. You would have to be living on Mars, I think, not to be aware of the damage that second-hand smoke can do to people, which is the main driver behind this piece of legislation.

I note with interest that the legislation means that people who are 15 years of age or older can be penalised, which is in line with the Passenger Transport Act. I think that that is an important provision. As much as we support our youth, I think there are some young people who, at times, choose to flaunt the law, and they are aware that they do not suffer the same penalties. So, I think that is an important provision. I note that the penalties are a $200 fine or a $75 expiation and that those who would be responsible for prosecuting offences would be authorised officers under local government, South Australia Police and tobacco control officers within the health department.

It is not a long bill. I note that the government has two amendments which we need to take back to our Liberal Party party room, so we reserve our right on those. The health spokesperson will seek a briefing and we will be able to debate those amendments in future. With those remarks, I indicate support for the bill.

Debate adjourned on motion of Hon. Carmel Zollo.

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