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Legislative Assembly for the ACT: 1997 Week 2 Hansard (27 February) . . Page.. 634 ..

Mrs Carnell (continuing):

premises exemption applications will need to include a copy of the plans for the premises and for the air handling system(s).

Where the information provided is unclear or incomplete, the applicant or the applicant's engineer is contacted. Provided that all of the relevant exemption requirements as specified in the Act are met, an exemption is granted.

(2) Because the information on the exemption application is designed to indicate whether AS1668.2 is met, premises are not normally visited before an exemption is granted.

(3) Whether the premises are examined during normal trading hours at normal occupancies would depend on the purpose of the inspection. While certain air quality monitoring is best undertaken when the premises are occupied, the level of occupany will not be a factor in the examination of equipment and equipment records.

(4) No licensed premises currently hold certificates of exemption, as the general smoking prohibition does not apply to licensed premises until 6 June 1997 and exemptions do not take effect until that date.

(5) Compliance monitoring of exempt premises (restaurants and licensed premises) may occur routinely or for the purpose of following up complaints. For exempt licensed premises, the Department will endeavour to conduct routine inspections of at least one-third of premises each year over a three-year period. An inspection will normally include checking the air quality for indications of compliance, and conducting other tests and inspections, where warranted. The precise inspection program will depend on a number of factors, such as the total number of exempt premises and the degree and patterns of compliance/ non-compliance found during the first year.

(6) Compliance with the Act is achieved primarily through self-enforcement, which is supported by community awareness and the display of no-smoking signs where smoking is prohibited. Proprietors also have certain obligations to minimise the likelihood of a breach occuring, and to take certain steps if a breach by an individual does occur. Inspectors investigate all complaints and reports of non-compliance, and provide information and assistance to proprietors in achieving compliance in their premises. Where necessary, legal action for non-compliance is initiated.

Reliance on self-enforcement and the provision of information, education and assistance have been successful in achieving a high level of compliance since the Act came into effect in 1994. However, there are certain premises where the risk of non-compliance is greater, and these premises will require more attention.

There is currently one inspector actively involved in monitoring compliance with the Act. Another inspector is available but is no longer assigned to this program area. One inspector was appointed for a 6-month period in 1995. No inspectors were appointed in 1996. One or two inspectors are expected to be trained and appointed during 1997.

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