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Legislative Assembly for the ACT: 2005 Week 13 Hansard (Thursday, 17 November 2005) . . Page.. 4284 ..


The regulation, which will undoubtedly be passed, also undermines anti-discrimination laws because it will effectively alienate people with smoke-affected disabilities, such as heart and respiratory conditions and diabetes, from attending those venues. The regulation would leave ACT bar workers, musicians, entertainers and gaming machine technicians exposed to proven harmful levels of second-hand smoke. In 2003 the National Occupation Health and Safety Commission sent a clear message to states and territories and to all employers that second-hand smoke in workplaces is illegal and should be banned immediately. Its guidance note on the elimination of environmental tobacco smoke in the workplace recommended that exposure to it should be excluded in all Australian workplaces and that this exclusion should be implemented as soon as possible.

I was very pleased to hear Mr Corbell define some of the materials that will not be allowed to be used in declaring a place 75 per cent compliant, such as shade cloth and fine wire netting. The American Society of Heating, Refrigerating and Air Conditioning Engineers Board of Directors has stated:

Adverse health effects for the occupants of a smoking room cannot be controlled by ventilation.

No other engineering approaches, including current and advanced dilution ventilation or air cleaning technologies, have been demonstrated or should be relied upon to control health risks from Environmental Tobacco Smoke exposure in spaces where smoking occurs. Some engineering measures may reduce that exposure and the corresponding risk to some degree while also addressing to some extent the comfort issues of odour and some forms of irritation.

To sum up, I think that the 18 to 24-year-olds have said it all. Many of them have been brought up in smoke-free houses and go to smoke-free restaurants with their parents. They have heard the message to their generation—it is well and truly clear—that smoking is not good for them. Of course, we know that too many of them are taking up smoking anyway, but they are the future patrons of these places and I hope that they make their point of view loud and clear and that it is heard by the government sooner, rather than later.

Question put:

That Dr Foskey’s motion be agreed to.

The Assembly voted—

Ayes 1

Noes 14

Dr Foskey

Mr Berry

Ms Porter

Mr Corbell

Mr Pratt

Mrs Dunne

Mr Quinlan

Mr Gentleman

Mr Seselja

Mr Hargreaves

Mr Smyth

Ms MacDonald

Mr Stanhope

Mr Mulcahy

Mr Stefaniak


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