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| Madam Speaker, I move that the bill be now read a second time. The purpose of this bill is to amend the Tobacco Control Act 2002 and Tobacco Control Regulations. Tobacco use continues to be the number one cause of preventable death and illness in the Northern Territory. One in five Territorians dies as a direct result of tobacco use, and the rate of smoking amongst Territorians is well over double the national average. Smoking is considered as the single greatest contributor to the 17-year gap between Indigenous and non-Indigenous life expectancy. The Tobacco Control Act was introduced by this government in 2002 to reduce the harms caused by tobacco by: discouraging people from smoking; protecting people from environmental tobacco smoke; and supporting those that choose to quit. At the time of its introduction, it was the most contemporary and comprehensive legislation of its type in Australia. The act was broad in its approach by regulating supply through a retail licence scheme, establishing smoke-free areas to protect against environmental tobacco smoke, and through restrictions on the advertising, display and promotion of tobacco products. However, since the introduction of the Northern Territory Tobacco Control Legislation, all other Australian jurisdictions have introduced new or amended legislation to regulate tobacco supply, use and advertising. As a result, the Northern Territory currently has the weakest legislation in the country which is reflected by the consecutive awarding of the Australian Medical Association’s ‘Dirty Ashtray’ to the Northern Territory for the past five years, Australia’s highest smoking and commensurate levels of tobacco-related diseases and morbidity in the country. In July 2008, this government reviewed the scope and impacts of tobacco control legislation across all jurisdictions in Australia, resulting in a commitment to significantly reform the Tobacco Control Act, announced by the former Minister for Health. These reforms will ensure the Northern Territory legislation is comparable with other legislation in Australia, providing improved protection to staff and the public from environmental tobacco smoke, and reduce young Territorians access and exposure to smoking tobacco products. This clause is considered to be strategic to reducing smoking rates in the Northern Territory. The Tobacco Control Legislation Amendment Bill 2010 will achieve better health for Territorians by taking further steps to protect employees, and the public, from environmental tobacco smoke; reduce children’s exposure to smoking tobacco products; to prevent their uptake; and to support smokers who choose to quit. The amendments will also ensure the Northern Territory Tobacco Control Legislation is comparable to protections in place in other states and territories, and put the Northern Territory at the forefront of tobacco control in Australia, again. The first steps forward in improving legislation in the Northern Territory was to lift the exemption on endorsed smoking bans in licensed premises to give effect to complete ban of smoking in all enclosed areas. These changes were successfully implemented 2 January 2010 and brought consistency for all indoor public areas. Apart from protection for patrons and staff socialising and working at these premises, the smoking bans can also provide a more enjoyable smoke-free environment for patrons, especially families. I will now indicate the amendments in the bill which provide for the second stage of the important tobacco control reforms. The bill proposes amendments to three key parts of the act and regulations. First, smoke-free areas: The introduction of a ban on smoking in all public outdoor eating and drinking areas, with some exempt areas for licensed venues. Second, display at point-of-sale: The prohibition on the display of tobacco products at the point-of-sale. Third, licensing of tobacco retailers: The introduction of a 9-year license fee and greater powers to impose licensing conditions on retailers. The current legislation provides limited restrictions on smoking in outdoor public areas, which are limited to outdoor public venues with fixed seating, such as sports stadiums, public transport waiting areas, such as bus stops and some education facilities. The new smoke-free area provisions will prohibit smoking in all public outdoor eating and drinking areas from 2 January 2011. These will provide improved protection for staff who service those areas, and the public that use them, as well as act to discourage people from smoking and support those who have chosen to quit. The 2 January 2011 commencement date also ensures that all affected businesses have more than eight months to make necessary changes. The bill’s smoke-free amendments will see the introduction of a ban on all outdoor eating and drinking areas such as cafes, kiosks and restaurants; outdoor or alfresco eating and drinking areas provided by cafes; the tables and chairs in front of local takeaway shops, and the outdoor seating areas of fast-food outlets will not be permitted to allow smoking. The restrictions will also have the effect of prohibiting smoking in non-licensed sporting or public grounds where an on-site food service provides food or drink to be consumed at that ground. Limited exemptions to these smoke-free areas provisions will be provided to liquor license premises so that pubs and clubs can designate an outdoor smoking area or OSA. An OSA will provide a space where Territorians can still have a smoke and drink at the end of the day. However, OSAs will be subject to conditions maximising protection to staff, patrons and children, and to promote a de-normalisation of the smoking culture. The OSA cannot be more than 50% of the outdoor eating and drinking area, although licensed premises are not required to provide such areas. There are guidelines on what is permitted in an OSA. For example, meals cannot be consumed or served in them, and entertainment is limited. This will reduce the need for staff to service the area and expose themselves to environmental tobacco smoke. The bill also ensures that where there is an OSA, it provides amenities and facilities no better than those in the smoke-free outdoor areas, where non-smokers will be able to access and enjoy the fresh air in outdoor areas that are at least equal to, or better than, any smoking area the venue chooses to provide In order to assist industry to make any required change to their premises, the bill provides for exemptions from these restrictions until September 2011 where building modification will not be possible prior to 2 January 2011. We have taken a flexible and consultative approach to these amendments to ensure that the hospitality industry can implement the reforms in a sensible manner. I thank the Australian Hotels Association and members of the Good Health Alliance NT for their considered input to the bill and their continued support for these reforms. The bill makes provision for exemptions from the outdoor smoking restriction for major public sporting or cultural events. This will ensure that the introduction of the new restrictions is not undermined by the problems that would be experienced in enforcing the restriction at large outdoor events that attract high numbers of patrons across large areas. In considering the exemption the minister will have the power to impose any conditions necessary to provide reasonable measures to protect employees and the public from environmental tobacco smoke. There is also provision in the bill for the owner occupier any property to voluntarily accelerate or otherwise implement outdoor smoke-free areas by designating all or part of the property to be a smoke-free area under the act or regulations so that such areas are enforceable. This approach is one of the most contemporary in Australia and not only supports industry in the implementation of the bill but demonstrates the commitment of government to provide legislative support for tobacco control initiatives in remote areas. Shires, businesses and community organisations will now be able to take a leadership role in introducing smoke-free areas with the full support of this act. The outdoor area smoking restrictions reflect the public desire to separate smoking from eating areas and introduce further restrictions on smoking in public places. They are intended to provide better health outcomes for increased protection for hospitality staff that service outdoor eating and drinking areas, as well as the public that use these areas. Smoke-free areas have been demonstrated to be one of the strongest public health policies to discourage people from smoking, support smokers trying to quit, reduce the harms caused by smoking, as well as deter young people from taking up the habit. The second area of reform focuses on display and point of sale restriction. The bill proposes amendments to prohibit the display of tobacco products at a point of sale. These will mean that retailers in the Northern Territory will be required to cover the displays or keep products under the counter. Tobacco products will no longer be an image that children associate with sale counters at their local store, supermarket, or service station. By removing tobacco products from view, it will also support smokers who have chosen to quit. It is well established by research that tobacco manufacturers use the display areas to market and promote their respective products to the consumer as well as children in an effort to encourage the uptake of smoking. The bill includes provision that will require all tobacco products to be kept out of sight of the public. This will apply to ordinary tobacco retailers and specialist tobacconists alike. I understand this could be seen as a strong measure, however, I cannot emphasise enough the importance of protecting our young people from the harms of smoking. Reducing the likelihood of them taking up smoking through a prohibition on display of products is something we must do. Indeed this approach is reflected by last week’s announcement by the Australian government that all tobacco products will soon be sold in plain packets. This is not a ban or a tax on the sale of cigarettes. Tobacconists can use display areas for other suitable promotional and gift type items. I recognise and applaud those supermarkets and remote stores that have already taken this step and are showing leadership by demonstrating healthier stores in our community. The third area is licensing. Changes to the licensing arrangements under the act will see the introduction of the annual licence fee of $200, and improve the ability of the Director of Licensing to impose and enforce conditions on tobacco retailers. The reforms will allow for the Director of Licensing to be able to act against new tobacco products designed to attract and encourage smoking by children and young people such as fruit and confectionary flavoured cigarettes. Included in the bill is a new offence provision to allow for breaches of any licence condition to be enforceable. There revenue generated from the licence fee will support government activities to support quit attempts and to promote tobacco cessation services. Finally, high roller rooms in casinos can be declared by the Minister for Racing, Gaming and Licensing and exempted from the smoke-free requirement. Currently, gaming machines are not permitted in a high roller area. The bill proposes amendments to the regulations that will enable gaming machines to be located in the high roller area. This is consistent with the majority of high roller rooms in other jurisdictions that permit smoking. Overall, the changes provide for considerable strengthening of the current act and regulations and continue the legacy of this government to act on the rates of tobacco-related death and disease in our community. Researchers have calculated that tobacco use costs the Australian people more than $31bn a year in health and social costs associated with tobacco-related disease and morbidity. If this approach is translated to the Northern Territorial on a per-capita basis, the resultant cost to the Territory economy is more than $310m per year. This is, obviously, a conservative estimate, given the challenges and costs of providing health care in remote and regional areas and our very high rates of smoking. The Territory 2030 plan sets ambitious targets for reductions in smoking prevalence. These targets will not be achieved without the introduction of new smoke-free area provisions and supply controls. I and the current government have demonstrated through the introduction of the Tobacco Control Act in 2002, and now this amended bill, that we are committed in reducing tobacco-related harm. I am particularly committed to the emphasis on supporting those who have chosen not to smoke, or to quit, through the provision of smoke-free areas, as well as ensuring protections afforded to the more vulnerable in our community. Madam Speaker, I commend this bill to honourable members and table the explanatory statement to a accompany the bill. Debate adjourned. |