Northern Territory Second Reading Speeches

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TOBACCO CONTROL AMENDMENT BILL 2003

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Madam Speaker, I move that the bill be now read a second time.

The purpose of this bill is to amend the Tobacco Control Act 2002 to clarify a number of issues surrounding the operation of the act in liquor-licensed premises other than restaurants, to clarify the restrictions relating to al fresco dining areas, to adjust the restrictions on the display of some tobacco products, and finally to introduce a definition of ‘specialist tobacconist’ for the purposes of the act.

Since 1 January 2003, Territorians have been able to enter public places knowing that they will not be exposed to the potential harm of breathing environmental tobacco smoke. From World No Tobacco Day, 31 May 2003, the second phase of legislation commences, providing smoke free places for workers and ensuring that smokers and non-smokers can enjoy equal amenity in liquor-licensed premised, except restaurants which must be entirely smoke free.

Other changes commencing on 31 May relate to the retail sale of tobacco, with all retailers now being required to have a tobacco retailer licence. The display of tobacco products will be restricted and all advertising and promotions of tobacco products will be prohibited.

I cannot emphasise enough the importance of these public health measures in helping prevent our young people from becoming attracted and addicted to tobacco products. As is quite common with complex legislation, since the act has been implemented, it has become quite apparent that some clarification is needed to clearly articulate the requirements of the legislation to both venue operators and patrons. I have also become aware of some other issues, which are clarified by this bill and in amendments to the regulations. All changes have been closely worked through with industry to ensure the smooth implementation of the act. I will now indicate the amendments in the bill.

The bill provides further clarification in relation to smoking in liquor-licensed premises. Restaurants, whether they are liquor-licensed premises or not, must be smoke free. The bill makes it clear that dining areas within other liquor-licensed premises must also be completely non-smoking, and that in addition, equal amenity for smokers and non-smokers will be provided throughout the rest of the venue. This protects patrons and all staff involved in serving food, whether they work in a restaurant, club or tavern, from being exposed to environmental tobacco smoke. In addition, a dining room, or food service area within a multipurpose venue, such as a community sports club, is only required to be non-smoking during the period the room is being used as a dining area. When the room is being used for another purpose, then the operator is simply required to provide equal amenity for smoking and non-smoking patrons. The bill makes it clear that equal amenity must be provided throughout all the remaining area of licensed premises, over and above the non-smoking food service areas.

This bill will also clarify for patrons of liquor-licenced premises which are not restaurants, that meals may be consumed in smoking areas if staff do not serve the meal there. That is, a patron could be served a meal in a non-smoking area but choose to take and eat the meal at the bar, for example, which permits smoking. Again, the purpose is to provide protection for wait staff across a range of venues from exposure to environmental tobacco smoke, while continuing to provide choice for patrons who may have a long history of a counter meal at the local.

Bars may continue to serve manufactured pre-packaged snacks over the counter, without that area automatically becoming a food service area and therefore smoke free. This is intended to allow the sale of snack foods such as chips and nuts to be sold in conjunction with alcohol in a smoking area, which of course supports responsible service of alcohol. This provision does not allow food service to occur in a smoking area and thus expose wait staff to environmental tobacco smoke. A minor amendment to the bill excludes al fresco dining areas from the ban on smoking within 2 m of an entrance to enable small venues to continue to provide smoking tables in their outdoor areas.

The bill and associated regulations also makes adjustments regarding the display of tobacco products. As canvassed in the review of the Northern Territory Tobacco Act Discussion Paper 2002, retailers will be limited to displaying one of every product type in each size, as well as a different package type, such as hard pack and soft pack for cigarettes, and in a tin and pouch for loose tobacco. In addition, cartons may be displayed but will again be limited to one of each product type. Displays of cigars will remain limited to two cigars of each size and type, but there will be no maximum limit on the total number of cigars on display. The fundamental principle underlying these changes is that retailers are entitled to display one example of each of the tobacco products they have for sale, as long as they do not exceed the maximum display area which remains unchanged.

Retailers have already been notified of the changes to be made to the numbers of different types and sizes of tobacco products permitted to be displayed. These comments apply equally to specialist tobacconists, who will be restricted to a maximum of 12 square metres of display space, as outlined in the relevant amendment to the regulations. Otherwise, they will be subject to the same restrictions as other retailers. The definition of a specialist tobacconist will also be clarified as a separate retail operation where 85% of the total retail operation is derived from tobacco.

I wish to mention three amendments which will be made to the regulations after these amendments to the act are passed. They relate to casinos, signage and oil rigs. I describe them here because once enacted they will modify certain obligations imposed by the regulations from 31 May.

In line with the original discussion paper and my second reading speech, casinos will be required to provide smoking and non-smoking tables on the basis of equal amenity rather than half of their tables and machines being non-smoking. This was the original intent. When workplaces become smoke free on world No Tobacco Day, they will not be required to display signage. A new regulation will also make it explicit that no smoking signs are not required at the doorway either, since doorways have been non-smoking areas since 1 January when the community is now well used to the idea. Accordingly, no smoking signage will not be required at Parliament House.

Oil and gas platforms are the only workplaces where it is not possible to go outside to smoke, for obvious safety reasons. Indeed, under the Petroleum (Submerged Lands) Act, smoking is only allowed in specially enclosed areas on oil rigs. Therefore, in the only exemption to the smoke-free workplace provision, oil and gas platforms may continue to provide a single, separate room for smokers. This room will be additional to the general staff recreation room and will be fully enclosed and separately ventilated.

The Tobacco Control Act is one of the most significant pieces of public health law introduced into the Northern Territory. The bill before the House serves to clarify details for the benefit of operators and patrons. From 31 May 2003, the second phase of legislation begins. It will provide smoke-free workplaces for workers, and ensure that smokers and non-smokers can enjoy equal amenity in licensed premises other than restaurants.

Under the provisions of the current act and regulations, restrictions relating to retailer displays of tobacco products, equal amenity in casinos, signage on workplace entrances, and oil rigs also commence on 31 May 2003. However, the amendments which I have just outlined to these areas will not come into effect until this amendment bill is passed. In order not to disadvantage those affected, my department will ensure that no action is taken against them for failing to comply with these provisions that are to be amended between 31 May and the date upon which the amendments come into operation.

Finally, I draw to honourable members’ attention that it will be necessary to have this bill brought back on for consideration in the first week of the June sittings in contravention of Standing Order 178, which requires the bill to be before the Legislative Assembly for one month. To that end, I invite any honourable member to contact my office and arrange for a briefing session to enable members to consider and debate the bill in June. Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

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