Page 775 - Week 03 - Wednesday, 9 March 2005

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This situation will improve when the exemptions end and smoking is prohibited in all enclosed public spaces. Commencing on 1 December 2006, the only public areas where smoking will occur will be areas that are open to the outdoors by more than 25 per cent. That means more than 25 per cent of the enclosable area of the roof and surrounding walls. Once this happens, protection from tobacco smoke will no longer rely on mechanical airconditioning and ventilation systems, which have been found to be of only limited effectiveness in removing tobacco smoke.

There is no legislative requirement for anyone to provide an unenclosed smoking area and the legislation is not prescriptive in terms of such areas. This means that, as long as smoking is prohibited in areas that are enclosed, it will be up to the proprietors to decide what approach to take in terms of specific arrangements for any unenclosed areas where smoking occurs. I expect that what we will see in the majority of cases will be areas used for smoking which will have basic facilities to accommodate people who are there for relatively short periods. With the main activities occurring in the indoor areas, it is likely that smokers will want, and will be encouraged, to return to those indoor areas as quickly as possible.

Mr Speaker, this motion addresses an important issue: smoking in enclosed public places. It is an issue about which enormous progress is being made and I believe that the government should be supported in its efforts. I urge the Assembly to agree to the amendment.

Debate interrupted in accordance with standing order 74 and the resumption of the debate made an order of the day for a later hour.

Sitting suspended from 12.27 to 2.30 pm.


MR SPEAKER: I would like to acknowledge the presence in the gallery of the Assembly today participants in the University of the Third Age program.

Questions without notice

Mr Rob Tonkin

MR SMYTH: My question is to the Chief Minister. I refer to the schedule D contract variation that you signed in March 2004 creating the position of Special Adviser, COAG and Intergovernmental Relations. There should be a performance agreement as part of this contract, specifying certain criteria to be met and outlining key results to be achieved. What are the provisions of the performance agreement associated with Mr Tonkin’s contract variation that you signed in March last year? What performance criteria must he meet and what other key results does he have to achieve in return for the salary of $309,000 that the ACT taxpayer provides?

MR STANHOPE: I do not have any of the documentation in relation to Mr Tonkin’s secondment to the Prime Minister’s department with me. As I indicated yesterday, the matter has been referred to the ACT Auditor-General and to the ACT public service commissioner for review and for report. I think there is an issue around my pre-empting

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