Page 3119 - Week 10 - Tuesday, 17 October 2006
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According to the information provided by the minister—and we have checked—smoking rates of people under the age of 18 continue to be a major concern. I do not think there is anybody who would disagree with that. Attempts to police the selling of tobacco products to minors have not been successful despite an extensive commitment of resources, and part of that is the problem that we are a small jurisdiction and the fact that most of the inspectors are well known to the industry.
Based on evidence from other jurisdictions, the regime as proposed in this bill seems to offer good potential to ensure and maintain compliance with the law regarding the sale of tobacco products. If you look at the evaluation of a recent survey carried out in South Australia you will find that in 2003-04 the percentage of organisations that sold tobacco to minors was as high as 24 per cent. So a quarter of those able to sell tobacco were selling that product to minors. Following the introduction of what South Australia calls controlled purchase operations, that reduced to six per cent, which I think is a substantial achievement and something that gives me faith that we can achieve the same result here in the ACT. Any reduction in smoking among young people will not only benefit the young person who does not take up smoking but also certainly help reduce that $12.7 billion cost to the community in respect of loss of life, injury and loss of productivity. And I think it will generally improve the environment that we all live in.
The critical issue with the proposed legislative regime is that no young person will be required to lie and no young person will be required to break the law, and that is very important. We do not believe that you should be teaching young people these habits. If retail transactions, or the potential transactions, involving tobacco products are entered into in accordance with the current law, no law will be broken and no punitive action will be required. So if a young person goes into a store that sells tobacco products and that young person is asked for their age, under this legislation they will be required to answer honestly. They will say, “I am 15” or “I am 16”—whatever age they are. Then, provided the young person answers honestly and the retailer does not attempt to sell any tobacco products to that young person knowing that the person is under age, no law will be broken. I think that is very important.
I think we also have to focus for a few moments on the young people who will be involved in this scheme. I am particularly concerned about any adverse consequences that these young people may suffer. Young persons who are used in this activity, as outlined in the bill, will be selected very carefully, using independent employment agencies. They will be screened as carefully as possible and will only be involved if the necessary agreement from at least one person who has parental authority over that young person is given. They will be fully briefed before any involvement in the approach to the retail premises. They will be accompanied by, or be in the vicinity of, an authorised officer at all times. They will be debriefed after the activity and they will have any other assistance, such as counselling, available if needed. Also, they will not be used in an activity in their usual neighbourhood, nor will the fact that a breach has occurred be made known to the retailer until a period afterwards so as to also cover the identity of the young person. According to the advice provided to me, there is no evidence available to date from any country or any jurisdictions in Australia that conducts these activities that reveals any issues that will adversely affect any young person involved.
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