Page 3872 - Week 11 - Wednesday, 25 September 2019
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Clause 8.
MR BARR (Kurrajong—Chief Minister, Treasurer, Minister for Social Inclusion and Equality, Minister for Tertiary Education, Minister for Tourism and Special Events and Minister for Trade, Industry and Investment) (3.39), by leave: I move amendments Nos 9 and 10 circulated in my name together [see schedule 1 at page 3921].
These amendments propose to prohibit smoking near children through an offence involving a mental element rather than based on a distance rule, a 20-metre distance rule; that is, simply knowingly or intentionally using cannabis in a way so that a person less than 18 years of age is exposed to it. The government proposes to do this through the introduction of an offence where a person smokes cannabis and a child is exposed to the smoke or vapour from the cannabis that the person is smoking.
The further amendment proposes to introduce a new section 171AB(2) which would provide a defence where the defendant can prove that they took all reasonable steps to ensure that the child was not exposed to smoke or vapour or believed on reasonable grounds that the child was in fact 18 years or older.
MR HANSON (Murrumbidgee) (3.41): The reality is that this legislation will allow adults to grow and smoke cannabis at their residence. We do not support that. By enabling that, I think the risk of children being exposed both to cannabis plants and to the smoke, more importantly, are significantly increased, there is no question. This is yet another reason why we do not support this bill in principle.
The amendments being moved by Mr Barr go some way to try to address these issues, but of course they are nearly impossible to police inside private homes. I do not think that we are expecting that police will be knocking down doors to see whether you are smoking in front of children. The reality is that it is unlikely, in my mind, to expect that people who are growing marijuana decide that they will go outside on a cold winter’s night every single time when children may be present.
We are setting the conditions through this legislation where children will be more likely to be exposed to cannabis than they would otherwise be. That is one of the reasons why we do not support this legislation. That said, the amendments in part address that issue, and we will support them.
Amendments agreed to.
Clause 8, as amended, agreed to.
Proposed new clause 8A.
MR RATTENBURY (Kurrajong) (3.43): I move amendment No 5 circulated in my name, which inserts a new clause 8A [see schedule 2 at page 3923]. This amendment is complementary to my previous amendment regarding commencement provisions and provides that the minister cannot commence the amendment act until
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