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Legislative Assembly for the ACT: 1997 Week 4 Hansard (6 May) . . Page.. 965 ..

We have an important opportunity to demonstrate the ongoing success of our legislation. Should we fail to successfully implement this next crucial phase, we may set back the introduction of smoke-free enclosed places throughout Australia for some time. We may also be cited internationally as an example to dissuade governments from taking appropriate action to provide their citizens with smoke-free air. We have a responsibility to ensure that the success of the legislation to date is maintained as we now move to the third stage, introducing restrictions on smoking in licensed premises - clubs, bars, taverns, bistros, nightclubs and so on.

The success to date has been due largely to widespread community support for the legislation and to the Department of Health and Community Care working closely with proprietors and managers to make sure that they understand the implications of the legislation for their premises. On nearly all occasions when assistance or intervention has been required in order to achieve compliance, we have been able to resolve problems through discussion and negotiation. Since the legislation has been in effect we have instituted legal action twice - a prosecution in 1996 resulted in a conviction and another case is set for hearing in September this year.

The 1994 legislation gave a clear transition pathway for public places, restaurants and licensed premises. I believe it improved on the original legislation introduced by the then Government through providing this timetable. Enclosed public places, such as shops, shopping centres, and sporting and recreational facilities, were given a period of two months to become smoke free in late 1994. This was appropriate, as many of these places already had smoke-free policies. Smoking had substantially diminished in those premises, and customer acceptance and support was very strong. Restaurants were provided with a two-stage process, and I believe this gave them the framework to plan the move to the smoke-free dining we enjoy in almost all restaurants in the ACT today. The requirement for restaurants to prohibit smoking in at least 50 per cent of their dining areas for 12 months meant that they had an opportunity to monitor customer demand, and customers had an opportunity to accustom themselves to smoking in designated areas or not at all when in a dining area.

Licensed premises, while given 21/2 years to comply with the general smoking prohibition, were not provided with an active transition process. Earlier this year I received advice from the department that, while some licensed premises had used this time responsibly and had decided that they would either become smoke free or apply for an exemption, many smaller premises, especially those without dining areas and thus not directly affected by the legislation, had done nothing or were unable to act due to finance or lease arrangements.

I suppose it is easy to criticise these places, but it is also easy to understand that small business, often with its back against the wall in a difficult economic climate, is going to concentrate on the here and now, not on what is expected in one or two years' time. Many of these places have also become havens for people who do smoke, with some smaller taverns and bars reporting smoking rates of up to 90 per cent among their patrons. To expect those premises to make the transition from 100 per cent smoking to 100 per cent non-smoking virtually overnight is, I believe, not consistent with the spirit in which the Assembly enacted the legislation, and is not in keeping with community

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