Legislative Assembly for the ACT: 2018 Week 03 Hansard (Thursday, 22 March 2018) . . Page.. 1048 ..
(7) The scope of this question is unclear can you please clarify.
(8) The scope of this question is unclear can you please clarify.
(Question No 930)
Mr Coe asked the Minister for Health, upon notice, on 16 February 2018 (redirected to the Minister for Regulatory Services):
(1) How many inspectors are employed by the Government for the purpose of enforcing the Smoke-Free Public Places Act 2003 (the Act).
(2) On average, how many inspectors are on duty in smoke-free public areas at any given time in the ACT and what enforcement powers do inspectors have to encourage compliance with the Act.
(3) How many people have been issued (a) cautions or warnings or (b) fines for smoking in smoke-free public areas.
(4) What is the value of fines issued to individuals who are found smoking or vaping within smoke-free public areas.
(5) How many complaints has the Government received from members of the public regarding individuals smoking or vaping within banned areas, how were these complaints made and what steps the Government has taken to address these complaints.
(6) What are the (a) Government’s plans to reduce or prevent individuals from smoking in public areas, (b) specific strategies these plans will employ, (c) costs of enforcing these plans and (d) specific target areas of these plans.
Mr Ramsay: The answer to the member’s question is as follows:
(1) There are presently 19 appointed Officers within Access Canberra whose role is to enforce the provisions of the Smoke-Free Public Places Act 2003 and a number of other laws regulated by Access Canberra. Members of ACT Police are also authorised persons for enforcement purposes.
(2) Access Canberra officers are not solely appointed as investigators for the purpose of enforcing the smoking laws within the ACT. Investigators respond to complaints and also check for ‘smoke-free’ compliance when undertaking other regulatory functions such as liquor licence inspections.
In terms of enforcement powers under the Smoke-Free Public Places Act 2003 officers can direct a person to stop smoking if they suspect on reasonable grounds that the person is in contravention of the Act. They can also issue an infringement notice, or refer a matter to Court.
(3) Since the inception of Access Canberra in 2014, two formal written warnings have been issued for breaches of the Act. These were both issued to businesses and related to one instance of not having the appropriate “No Smoking” signage in place and one instance of allowing smoking in an outdoor eating area.