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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1541 ..

MR BERRY (continuing):

There is an attempt to weaken the legislation again for the AHA. When earlier legislation was introduced, the Heart Foundation was strongly opposed to it, because it did weaken what Labor intended, and they made it clear that they opposed it. This time the community groups have been bluffed into believing that if we do not go down this path, if we do not compromise, the legislation will not work. I think they are more concerned about their future funding than they are about anything else. I must say that I have been extremely disappointed with the Cancer Society. They are usually leaders in relation to these issues, but they have gone a bit soft on them, as far as I can make out. I am sure that they will come back at the gallop in due course.

This legislation is not only bad in health terms. It is a front for a backdown. It will not work. I draw attention to one particular section to point that out. It is badly drafted and it was never intended to work. It was intended to have holes in it everywhere. The explanatory memorandum states:

An intended effect of the transitional arrangements is for many provisions of the Principal Act to still apply, including those concerning responsibilities of the occupier under 14(4) and 14(A) to take reasonable steps to prevent tobacco smoke from penetrating smoke-prohibited areas.

Subsection 14(4) states:

Where smoking is prohibited in a part of an enclosed public place, the occupier shall not, without reasonable excuse, fail to take reasonable steps to prevent smoke from penetrating that part from another part of the public place where smoking is not prohibited.

Let us consider the effect on a small pub or tavern of what Mrs Carnell proposes. We are talking about an area three times the size of the office of an MLA - a normal MLA, not Mr Moore, who everybody knows has a big office. We are talking about an area the size of a 15-square house. It is a very small pub or tavern. You put in a bar, cut out 25 per cent where people can smoke - or 30 per cent if Mr Osborne has his way - and put a few plants on the floor and pretend that the smoke from this mob is not getting into that mob. What a joke!

Mrs Carnell: They are reasonable steps.

MR BERRY: Are a few plants reasonable steps?

Mrs Carnell: As long as you keep the people over there.

MR BERRY: Yes, we keep them all in the enclosed place with the doors shut and the heater on in the wintertime and pretend that the smoke from the 30 per cent space where all the people are smoking - they move backwards and forwards a bit - does not get over to them. What a joke! This is laughable. Have a go at this:

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