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Legislative Assembly for the ACT: 1997 Week 4 Hansard (6 May) . . Page.. 967 ..

In other words, a limited area in which smoking may occur may be provided in these premises, subject to certain requirements. This option is extended to premises, or parts of premises, where the primary business is the serving and consumption of alcohol and/or gaming. Nightclubs are also included.

There are other licensed premises where considerable change in smoking behaviour has already occurred, either as a result of the legislation or in response to social norms. It is therefore not considered necessary or appropriate to apply the transition arrangements to licensed premises, or parts of licensed premises, primarily used for other purposes or activities, such as for sport, recreation or the holding of meetings. While initially I had in mind that only smaller licensed premises would be eligible for the transition arrangements, I am grateful to Mr Osborne for his suggestion that eligibility criteria based on either floor space or business activity would inevitably be arbitrary, bureaucratically complex and ultimately inequitable.

Premises wishing to use the transition arrangement must comply with specific requirements. Smoking will be limited to a single area within the premises, which does not exceed 25 per cent of the floor area and is clearly identified. Where reasonably practical, such as where the design of the building permits, smoking will not be permitted within 1.5 metres of a bar or other staffed serving area, and, where reasonably practicable, this area should be located so that people do not need to pass through it to access the normal facilities of the premises. The requirement within the current legislation for taking reasonable steps to prevent smoke from penetrating non-smoking areas still applies.

As has been the case with restaurants and other public places, the Government will work with proprietors to ensure that they understand and meet their legal responsibilities. By working with proprietors, we will be seeking to encourage compliance with the law by proprietors, staff and patrons. We will, however, not step back from enforcing the law where persistent non-compliance occurs. Where there is persistent non-compliance, the Bill provides for the transition arrangements to be revoked by the Minister, and requires the premises to become totally smoke free, or obtain an exemption based on their standard of ventilation. Other legal remedies in the main Act will also apply.

We have also taken the opportunity to correct an anomaly in Part II of the Schedule of the Act. Item 2 in Part II contains a qualified exclusion so that common areas of multiple-unit residential complexes, such as hotels and motels, are excluded from the general smoking prohibition. This exclusion was intended to apply to the common areas of longer-term accommodation, such as hostels and nursing homes, which could be regarded as people's homes. It was also confusing, in that some hotels and motels are licensed under the Liquor Act 1975. The legislation clearly established a system whereby licensed premises could seek an exemption from the general smoking prohibition by meeting the specified criteria and submitting an application. In other words, should licensed multiunit residential facilities wish to have a public area or areas in which the smoking prohibition does not apply, they are free to use the exemption system. The amendment clarifies this by excluding licensed premises from this item in the schedule.

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