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Legislative Assembly for the ACT: 2004 Week 08 Hansard (Wednesday, 4 August 2004) . . Page.. 3441 ..

only behind the customer service counter and that a tobacco product display be accompanied by a health warning notice. We stipulate that it is an offence to sell or supply cigarettes and similar products to people under the age of 18.

Our legislation currently requires that vending machines may only be located in areas that are off limits to under-18-year-olds or to unaccompanied under-18-year-olds. A tobacco licensing system means that the right to sell products is conditional on retailers meeting their obligations under the law. We have done a great number of things. The issue is: is there scope to do better?

Public access to cigarettes from vending machines became an issue when cigarettes became an age-restricted product. The first major initiative was to limit these machines to licensed premises. In response to Australian studies that children were still able to access machines, the ACT acted to tighten the requirements on where machines could be located. In revisiting this issue, we need to consider whether, as part of an overall public health agenda, it is appropriate to be moving away from the situation that allows harmful age-restricted products to be dispensed from self-service machines.

I have no doubt that these machines are useful in providing secure storage. However, other tobacco retailers like supermarkets, which sell cigarettes over the counter rather than from vending machines, have been able to manage these issues.

Similar issues were raised when restrictions on tobacco products and displays were proposed. In particular, it was claimed that the proposal to end the display of cigarette cartons would impose great hardships on retail outlets. I for one do not mind if there are great hardships imposed in this. In the end, however, the requirements were smoothly implemented and all have been accepted. The result has been to reduce in-store tobacco advertising and promotion and to reduce the prominence and attractiveness of cigarettes to young people.

It was clear several years ago that for public health reasons restrictions would be brought to bear on many forms of advertising and promotion. The move here towards smoke-free enclosed public spaces is another example of a public health response to tobacco that is now well accepted and supported. While they may prefer to delay the inevitable for as long as possible, I believe that tobacco companies, vending machine companies and retailers need to be realistic. They need to anticipate that communities and governments will continue to respond to public health concerns about tobacco use. Arrangements that may have been accepted in the past are now inappropriate. Communities cannot afford to ignore the enormous and compelling amount of information about the harmful consequences of tobacco use.

The legislation before us would still allow tobacco products to be sold in licensed premises where vending machines are currently located. These premises would still be permitted to sell cigarettes over the counter in the same way that they are sold in other retail outlets. The obvious advantage of this is that it provides an opportunity for the seller to verify the age of the purchaser. What will be eliminated is the sales method where the product is dispensed to anyone who places the required payment in the machine.

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