Page 1014 - Week 03 - Thursday, 10 March 2016
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
The standing committee sought advice as to whether a failure to adhere to subsection 9Q(4) would be covered by the offence in subsection 9Q(5). I have advised the standing committee that it is intended that failure to adhere to any requirements in section 9Q, most notably those in subsections (2) and (4), constitutes an offence as per section 9Q(5).
The standing committee recommended consideration of permitting a defendant to raise a “taking reasonable steps” defence in relation to paragraph 9Q(4)(b). At essence, the wording of “minimising” has a comparable effect to that which “taking reasonable steps” would for a defence framed as an absolute requirement. As such, modification to the provision is not required.
Finally, the standing committee requested an explanation as to why the defence under subsection 9R is limited to one of the four kinds of obligations imposed. I have advised the standing committee that the provisions of subsection 9R were specifically drafted by the Parliamentary Counsel’s Office to be consistent with the existing equivalent provisions in the Smoke-Free Public Places Act 2003.Again, I would like to thank the standing committee for its consideration and comments on the bill, and wish to advise the Assembly that no changes or amendments to the legislation are warranted at this time.
Following the bill’s passage, priority will be given to exploring smoke-free options at places used by children and their families, such as playgrounds and bus waiting areas. Canberrans are overwhelmingly supportive of new smoke-free areas at these places, as demonstrated through the community consultation on potential new outdoor smoke-free areas in late 2015.
The bill will ensure that the ACT keeps pace with other jurisdictions on tobacco control by streamlining the creation of new smoke-free areas. I am proud to say that the bill will enable a significantly more flexible, responsive and timely approach to the creation of new smoke-free areas in the ACT. It will be an important milestone in ensuring that all Canberrans can enjoy our public amenities without exposure to harmful second-hand smoke. I thank members for their support, and I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Adjournment
Motion (by Mr Gentleman) proposed:
That the Assembly do now adjourn.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video