Page 1013 - Week 03 - Thursday, 10 March 2016
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
Where a declaration permits a designated smoking area, the decision to establish such an area would ultimately be at the discretion of the occupier or manager. When a designated smoking area is established, safeguards will be in place to ensure that the public remains protected from exposure to second-hand smoke.
The bill contains strict liability offences, which highlights the need for community education, and will hold smokers and businesses accountable for actions against the act. Strict liability offences are predominantly crafted to address unlawful behaviour in a context where the person knows or ought to know their legal obligations. It is for this reason that strict liability offences are most commonly used for regulatory offences. However, it has also been appropriate to apply strict liability in situations where there is adequate signage or forewarning that particular conduct is an offence. This includes offences for smoking at outdoor eating or drinking places and the consumption of liquor at certain public places.
Under the bill, penalties will apply to smoking in a declared smoke-free public place or event, and to occupiers or managers that do not meet their obligations in respect of the declared smoke-free area. This could include failing to display no-smoking signage or failure to meet the requirements for a designated smoking area, for example by serving food or drink in that area. The penalties for the new offences are consistent with current penalties for similar offences in the Smoke-Free Public Places Act 2003.
When new smoke-free areas are declared, community education will be undertaken to ensure that people know where smoking is and is not permitted. “No smoking” signs will also be used. Further, community education will be targeted at occupiers and managers to ensure that they understand their obligations. Measures to promote compliance, including the appointment of inspectors, will be considered on a case-by-case basis during the assessment process for each declaration.
This bill will be an important milestone in achieving the ACT government’s goal to improve public health and protect the community from tobacco-related harm. It supports the implementation of Future directions for tobacco reduction in the ACT 2013-2016, which outlines potential areas to restrict tobacco use in the ACT.
The Standing Committee on Justice and Community Safety made four comments when reviewing this bill, and I thank the chair of the standing committee for the rigorous oversight provided. I have responded to the chair of the committee to address each comment.
The committee sought advice on the feasibility of outlining the specific steps for community consultation in the bill. The ACT government is committed to engaging effectively with the ACT community. A guide to community engagement has been in place since 2011 to assist directorates to improve community engagement, planning and practice. ACT Health follows this guide and would do so in relation to consultation on subsequent proposed smoke-free areas under the bill. As such, we do not consider it necessary to outline the steps for community consultation in the bill.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video