Page 3125 - Week 10 - Tuesday, 17 October 2006
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Monitoring and enforcement of this provision currently consists of investigating complaints and conducting covert surveillance of retail tobacco outlets. These strategies have not proved to be effective in detecting offences or in preventing tobacco sales to young people in the ACT.
As Dr Foskey mentioned, a survey of secondary school students in 2002 found that one-fifth of ACT smokers aged between 12 and 17, where the current rate of smoking is around 15 per cent, purchased their last cigarette, with more than one-third stating they have never been refused a sale or asked for proof of age. This is a significant proportion of the underage smoking population. So we know that making it easier to access cigarettes certainly perpetuates smoking behaviour in young people.
The compliance test involves a young person, as the purchase assistant under the supervision of an authorised officer, attempting to purchase smoking products from a person who sells tobacco. If the purchase is made, the evidence from this transaction will lead to enforcement action for an offence against the sales to minors provision in the act. The bill provides the minister with the power to approve a program and procedures for compliance testing. The program will target areas where it is necessary to deter the sale of smoking products to young people, including areas where a high proportion of young people are observed smoking or where they are believed to have purchased the smoking products themselves. Tobacco retail premises in close proximity to schools will also be included in the program.
I accept what Mr Smyth said about publicity and informing businesses about what is going on. That is certainly a key part: once this legislation passes, we have the responsibility to say to those retailers that there is a new program in town that can be used. We will encourage them to ensure that when a young person goes in to purchase a cigarette and they are concerned that the person is under the age of 18 they ask for proof of age.
The procedures for compliance testing protect the welfare, health, safety and anonymity of the purchase assistant, which I argue is paramount. They make certain that the purchase assistant is indistinguishable from other young purchasers, allow the purchase assistant to use a phone to contact family if necessary, allow the purchase assistant to withdraw from the compliance test at any time that they choose, and provide opportunities for debriefing or formal counselling for a purchase assistant, if required, following the compliance test.
The procedures provide that purchase assistants will be trained in all aspects of compliance testing and fully supported and supervised by authorised officers at all times. There are strict criteria for choosing an appropriate purchase assistant, and compliance tests will not be done in any areas where purchase assistants are likely to be recognised. Compliance tests are a fair test of a retailer’s compliance with the law as they mirror an uncontrolled sale situation. To avoid any allegations or suggestions that the retailer is misled into selling tobacco products, rewards will not be provided to purchase assistants. I think that goes to one part of Dr Foskey’s concerns. Purchase assistants will not be required to give evidence in court unless requested by the magistrate for the case to proceed. The authorised officer serves as a witness to the offence, which, together with the compliance of other evidence, minimises the chance of the young person having to give evidence.
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