Page 221 - Week 01 - Wednesday, 23 February 1994
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occupier - that he or she was not aware that smoking was taking place, or that he or she had taken reasonable steps to stop the person smoking. That is all straightforward. It means showing the person the no-smoking signs, reminding him or her of the law and asking the person to stop smoking. I would like to add that the penalties specified for breaches of clauses 8 and 9 are consistent with those for similar offences in other Territory legislation, although - and I have to remind you about this - - -
Mrs Carnell: What is a similar offence to smoking a cigarette?
MR BERRY: Selling cigarettes to an under-age person. Clause 10 of the Bill says that individuals must cooperate with inspectors. It is good not to arrest people. We are not like Mr Humphries, who wants to give the police power to arrest at any time. He would lock the little ones up. Clause 10 of the Bill says that individuals must cooperate with inspectors, unless they have a reasonable excuse for not doing so.
Clause 11 makes it clear that, although we are not prohibiting smoking in some places, people do not have an absolute right to smoke. The proprietors can still ban smoking in those places. Clause 12 gives the Executive the power to make regulations to carry out or give effect to the Act and, of course, you can have your lash at that at any time. Do not try to mislead the community on that issue. The major issue to be dealt with initially by the regulations will be signage, for which minimum standards will be set. The clear, conspicuous and sufficient display of signs is the key to ensuring that the legislation is self-enforcing. Consultation with numerous and diverse groups throughout the community has indicated strong support for appropriate signage, and the Government intends to make an initial supply of signs available. The regulations will also allow for existing signs which are clear and effective to be approved.
Madam Speaker, this is a Bill that cannot be wished away by stalling tactics or by denial or referral to a committee. This Bill should pass into law and then we should get on with the regulations. There is no excuse for delaying it.
Mr Stevenson: Madam Speaker, I seek leave to table the survey results that I referred to in my speech.
Leave granted.
MADAM SPEAKER: The question is: That the Bill be agreed to in principle. Those of that opinion say aye; to the contrary, no. The ayes have it.
Mr Stevenson: I call for a division, Madam Speaker.
MADAM SPEAKER: There is no need for a division. Your dissent will be noted if yours is the only dissentient voice. Your dissent is noted.
Question resolved in the affirmative.
Bill agreed to in principle.
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