Page 204 - Week 01 - Wednesday, 23 February 1994
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How wrong he is. Let us see why he is wrong. I am sure to get interjections, but let us try to limit ourselves to logical argument. This is a Bill to prohibit smoking in enclosed public places at such times and under such conditions as are determined by the Minister - namely, Mr Berry - and advised by a notice published in the Gazette. The first thing is that there is total control by the Minister. Mr Connolly stood up and said, "Should something we may debate next week get up, then such a declaration by the Minister will be disallowable". But it will be two or three months - and Mr Connolly knows that - before anything like that can be done.
The next point I make is this: Who in their right mind is going to accept something as determined by Mr Berry? Mr Berry has very little credibility. I am not the only one saying that. One needs to listen to what the Transport Workers Union has to say from time to time. One needs to listen to what the other unions, the doctors, the nurses and the bus drivers all have to say.
Mr Connolly: Yes, listen to what the doctors have to say on this issue. What did Dr Hurwitz say on this issue?
MR DE DOMENICO: Once again we hear from Daniel Boone at the back. Put the hat on the mouth and give somebody else a go; you have had your chance. Let us have a look at the fines. There is a $500 fine for smokers. For the occupier of premises there is a $5,000 fine for a body corporate and a $1,000 fine for a person. Compare that with possession of marijuana. If you smoke a marijuana cigarette the fine is $100.
Mr Connolly: Mrs Carnell thinks it should be even less. That is what she said at the Young Liberals forum.
MR DE DOMENICO: Just listen. This is logic, Mr Connolly. You are the lawyer; I have not had any legal training. If you are caught smoking a marijuana joint the fine is $100. If you are smoking tobacco, it is $500.
Mr Berry: No; wrong!
MR DE DOMENICO: Mr Berry says, "Wrong". Clause 3 of your Bill, Mr Berry, says:
... cigarettes, cigars or any other product a substantial ingredient of which is tobacco.
Is that right? So, if I am smoking a marijuana joint at the Hyatt Hotel, I am fined $100 under the law. Under Mr Berry's legislation - - -
Mr Kaine: You probably will not be fined at all; that will be okay.
MR DE DOMENICO: But just say that I am caught, Mr Kaine. I can be fined - - -
Mr Cornwell: For having a quiet cigarette in the middle of the foyer of the Hyatt Hotel?
MR DE DOMENICO: At the Hyatt Hotel. If it is a marijuana cigarette, the fine is $100.
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