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TOBACCO PRODUCTS REGULATION (SMOKING IN CARS) AMENDMENT BILL
The Hon. G.E. GAGO (Minister for Environment and Conservation) obtained leave and introduced a bill for an act to amend the Tobacco Products Regulation Act 1997. Read a first time.
The Hon. G.E. GAGO: I move:
That this bill be now read a second time.
In the last 20 years evidence has grown to show that passive smoking—that is, breathing secondhand tobacco smoke—is dangerous to health. Passive smoking is known to increase the risk of asthma, bronchitis, pneumonia and chest infections, as well as lung cancer and cardiovascular disease. Children and babies are especially vulnerable as their lungs are less well developed. About 8 per cent of new cases of asthma in children are attributable to passive smoking, and the risk of respiratory and middle ear infections increases with exposure to environmental tobacco smoke. Passive smoking can also increase the risk of Sudden Infant Death Syndrome.
The bill that I am introducing today is aimed at minimising the exposure of children to the harms of passive smoking whilst travelling in a motor vehicle. Children can spend many hours per week in vehicles and the concentration of environmental tobacco smoke may be greater than in the home, due to the more confined space. Additionally, unlike in the home, children are unable to get away from the smoke. A recent study conducted in the United States of America has shown that concentrations of harmful particles from tobacco smoke in the rear seat of a car can be greater than in a smoky bar. Concentrations during the time of actual smoking are greater than those considered to be hazardous to health.
This government has already introduced laws to prohibit smoking in vehicles that are used for work purposes, to help protect the health of workers. This new proposal will afford the same protection to children who are exposed to this harm while travelling in cars or other motor vehicles. Media campaigns conducted in recent years advocating for people to make their cars smoke-free have reduced the numbers of people who smoke in their cars when their children are present.
Despite these campaigns, as many as 30 per cent of smokers who have cars continue to smoke in them when children are present. This bill will ban smoking in cars when any child under the age of 16 years is present. A child 16 years or over who may be driving a vehicle will not be committing an offence if smoking in the car, provided there are no other children under 16 years present at the time.
South Australian police officers are authorised to enforce the Tobacco Products Regulation Act 1997 and will be responsible for the enforcement of this ban when it comes into effect. Expiation notices—that is, on the spot fines—can be issued for breaches of this law. The expiation fee has been set at $75, which is the same as the expiation fee for smoking in other places where it is not allowed such as indoor workplaces. The maximum fine is $200.
This government is committed to reducing the harm from smoking and passive smoking, and this is another strategy that will help achieve that goal. South Australia will be the first state or territory in Australia to introduce a ban on smoking in cars when children are present, which shows this government's determination to make the hard decisions to protect our communities, and especially our children's health. I commend the bill to members. I seek leave to have the explanation of clauses inserted in Hansard without my reading it.
Leave granted.
Explanation of Clauses
Part 1—Preliminary
1—Short title
2—Commencement
3—Amendment provisions
These clauses are formal.
Part 2—Amendment of Tobacco Products Regulation Act 1997
4—Insertion of section 48
This clause inserts new section 48 into the principal Act. That section creates a new offence of smoking in a motor vehicle (which has the same meaning as in the Motor Vehicles Act 1959) if a child is present in the vehicle. A child is defined as being a person who is under 16 years of age.
The maximum penalty for contravening the new section is a fine of $200, however an expiation notice may be issued instead of prosecuting, with an expiation fee of $75 applying.
The Hon. J.M.A. LENSINK secured the adjournment of the debate.