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Legislative Assembly for the ACT: 2008 Week 10 Hansard (27 August) . . Page.. 3841..


MS GALLAGHER (continuing):

transitional provision at clause 22 which is to ensure that licensees who may have been entitled to rely on the provision are not adversely affected.

Amendment No 2 updates dates included in the transitional provision related to the repeal of a licensee's ability to revive an expired licence. Licences are issued for one year and expire on 31 August. As the bill is being debated very close to the commencement of a new licence period, clause 22 is proposed to be amended so that holders of retail tobacconists licences have the benefit of section 52 of the act for a short period of time. Amendment No 3 provides that the repealed section 52 will continue to apply for three months to 30 November 2008 to give licensees the time to submit any overdue licence application. Amendment No 4 provides that clause 22 expires on 30 November 2008. The section will then be removed from the Tobacco Act 1927.

The final amendment provides for the transition to the new point-of-sale provisions. On 31 December 2009, tobacco licensees whose main business is not the business of selling smoking products—for example, supermarkets, petrol stations and liquor stores—will be required to place their displays out of sight. Tobacco licensees whose main business is the selling of tobacco products on their premises and not part of other premises used by the person for retail purposes are classified as specialist tobacconists. Specialist tobacconists will be required to place their displays out of sight from 31 December 2010. This will provide industry with a time to adjust to the removal of point-of-sale displays.

Amendments agreed to.

Bill as a whole, as amended, agreed to.

Bill, as amended, agreed to.

Personal explanations

MRS BURKE (Molonglo): Mr Speaker, I wish to make a personal explanation under standing order 46.

MR SPEAKER: You have been misrepresented, Mrs Burke?

MRS BURKE: I was indeed, Mr Speaker. I think the minister must have misheard. She said I was going to unban the ban. In fact, I said I would revisit this issue. I do have amendments already drafted but, unlike her, I am not prepared to rush them through tonight.

MR MULCAHY (Molonglo): I wish to make a personal explanation pursuant to standing order 46. I believe I was misrepresented. The minister said that when I was working for the AHA I was working for the tobacco industry. I did not work for the tobacco industry when I was at the AHA. I received no remuneration or benefit. I worked for them for 15 months, 20 years ago. The same claim that was made tonight was made in 1993, and the Canberra Times published a retraction of a myth that was false.


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