Page 218 - Week 01 - Wednesday, 23 February 1994
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Action became more compelling when environmental tobacco smoke received a group A classification by the US Environmental Protection Agency last year. This places ETS, environmental tobacco smoke, with a select group of substances - including benzene, radon and asbestos - which are known to cause cancer and which have no known safe exposure levels. The only recommended exposure level, of course, is zero.
Mrs Carnell: Nobody is disagreeing with you.
MR BERRY: Why do you not pass the legislation and leave it at that? We will come out with the regulations and then you can have another go. Madam Speaker, this is an important issue, as there have been calls for the Government to set a safe - - -
Mrs Carnell: If you support my amendments, I will support your legislation.
MR BERRY: You are all scurrying around now trying to find a little spot in the sun. I am sorry; the clouds have come over. This Bill reflects the fact that in most enclosed public places smoking can no longer be assumed to be the social norm. It is also appropriate that where smoking still occurs it should not be an unfettered right but should be subject to conditions.
Mrs Carnell: That is right.
MR BERRY: No. You are saying "no conditions".
Mrs Carnell: No.
MR BERRY: No. You are saying "no conditions". Driving, consuming alcohol, and handling and storing food in restaurants are all examples of activities which are subject to conditions.
Madam Speaker, before discussing the Bill I would like to point out that this is enabling legislation. A lot of people want to take a bit of the gloss off it, but it is enabling legislation. When we come to the regulations, they can have all the say they want. Action to be taken under this legislation, such as determining which types of places go smoke free, is subject to scrutiny by this Assembly.
I would now like to turn to the key clauses of the Bill. Clause 3 contains definitions used in interpreting other proposed sections of the legislation. A "public place" includes places open to sections of the public, including those where entry is by payment or by membership. It includes places such as licensed clubs, supper clubs, bridge clubs and video hire clubs. "Enclosed" includes places which are substantially enclosed. The object of the legislation, as stated in clause 4, is important, as it provides - - -
Mr Kaine: I had better go and get dinner while I am waiting.
MR BERRY: You might as well. Try a non-smoking restaurant. Clause 4 provides both the rationale for the legislation and a limitation on its scope. It is very simple. It refers to the promotion of public health by reduced exposure to environmental tobacco smoke. Any declarations and regulations made under the Act would also have this as their overall objective. Clause 5 gives the Minister the power to declare smoking to be totally or partially prohibited in specified types of enclosed public places. It allows exceptions for certain types of places that meet specified conditions.
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