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Legislative Assembly for the ACT: 1999 Week 13 Hansard (9 December) . . Page.. 4060 ..

MR MOORE (continuing):

These amendments are about ensuring that there is some balance in the system - that we are controlling supply as well as working to reduce demand.

Our experience with tobacco control, and the social and legal context of tobacco use, makes this approach necessary.

These amendments are also about retaining our existing licensing system and strengthening it so that it serves an important public health purpose: to ensure compliance with key provisions of the Tobacco Act 1927.

The Government's Bill complements the recent Tobacco ( Amendment) Act 1999 in a number of ways.

For example, under the Act, it is an offence to sell tobacco products to persons under the age of 18; under the present Bill, it is an offence to sell tobacco products by retail without a licence.

This means that an unlicensed person selling cigarettes to children could be found guilty of two separate offences: selling tobacco products to under-age persons, and selling tobacco products without a licence -- both of these offences could result in prosecution and a fine.

The effect of the present amendments is to substantially reduce the risk of illegal sales occurring at all, by either licensed or unlicensed sellers.

With licensees being informed about their responsibilities under the Tobacco Act and being aware that the failure to comply could compromise their right to sell tobacco products, a licensing system serves as a powerful deterrent to illegal behaviour.

In the Government's view, there are at least 10 advantages to retaining our licensing system and linking it to public health:

First: the opportunity for targeted education and information for retailers and wholesalers through the licence application process and through the provision of a comprehensive record of all tobacco retailers and wholesalers doing business in the ACT;

Second: the formalisation of the message that selling tobacco - a dangerous product -- is similar to other activities which carry a potential health risk in that it is a conditional privilege rather than an unfettered right;

Third: the provision of a range of enforcement options including variations on a licence, temporary licence suspension, and licence revocation;

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