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Legislative Assembly for the ACT: 1997 Week 5 Hansard (15 May) . . Page.. 1542 ..

MR BERRY (continuing):

An intended effect of the transitional arrangement is for many provisions of the Principal Act to still apply, including those concerning responsibilities of the occupier under 14(4) and 14(A) ...

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 ...

Is a reasonable step just drawing a white line on the floor, perhaps? Do you reckon a row of planter boxes with a few little shrubs would be better? Yes, that would make a lot of difference! Perhaps they could be smoke-devouring shrubs or smoke-resistant shrubs. That tells us how laughable this legislation is.

Mr Osborne proposes to amend it. I am afraid, Mr Osborne, that this makes it even more laughable. Then 30 per cent of the floor area will be marked out with a white line or a row of planter boxes, and you can smoke your head off over there but not over here, and that is seen to be a responsible action that will prevent people over the other side of the planter box from being affected by smoke. This is just laughable. It demonstrates how much this is a complete collapse in front of the tobacco industry. These people want to encourage tobacco consumption, and they have a Health Minister who helps them. Not too many Health Ministers would like to take the championship belt on that one, but Mrs Carnell has got it, unquestionably.

We come back to the final crunch point. The Government is saying, "If you do not like our legislation and you are not going to adhere to it or it is too hard for you, come and see us and we will dump it for you". It does not matter about the effects on the community. It does not matter about the money that people pour into our health system. It does not matter about the people in the coronary care unit. It does not matter about the people in the rehabilitation unit waiting for an artificial leg. It does not matter about any of those. The Government will just dump it. For another year-and-a-half we will just put the old gearbox in neutral and let it all go on.

What do you think will happen in another year-and-a-half? They will be back on your doorstep saying, "We have not done it yet. We have had a bad time. The sky will fall in if you do not back off on this legislation". It is outrageous. Rothmans have said to licensed premises that they will give them some extra money to make sure that they put in air-handling equipment. They will give them an advance on money they receive from cigarettes to put in air-handling equipment so that they can encourage more smoking in the places. Mrs Carnell, our Health Minister, our revered Health Minister, our big spending Health Minister, is prepared to cop all of this.

This is outrageous legislation. Members, it must be resisted. It sets us back again and it shows that this Assembly, which earlier supported very strong legislation and a strong stand against leaders in this country in relation to tobacco consumption, has gone weak at the knees. We have gone weak at the knees because there is an election in the offing. The tobacco companies and the AHA have leant on the Liberal Government and they have folded. They have leant on Mr Moore and he has folded.

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