Parliamentary Speeches
Public Health (Tobacco) Bill 2008 ( 22/10/2008)
Mr DONALD PAGE (Ballina) [12.01 p.m.]: As the shadow Minister for Health stated in her contribution, the Coalition does not oppose the Public Health (Tobacco) Bill 2008, which will help to prevent exposure of children to environmental tobacco smoke and young people taking up smoking. The intentions of the bill are commendable and I certainly support its general thrust. Like many members in this House, I am involved with Relay for Life, which raises money for cancer research and promotes cancer awareness. Indeed, this Saturday night I am involved in organising a fundraising ball to acquire for the Northern Rivers area a medical imaging device known as a positron emission tomography-computed tomography [PET-CT] scanner, which is the latest technological machine for detecting and diagnosing not only cancer but also heart disease, stroke, brain disorders and the like.
Today we understand the connection between smoking, cancer, heart disease and stroke. All people, whether young or old, should be discouraged from smoking. However, as the shadow Minister for Small Business I shall refer to a number concerns that small businesses have raised with me regarding certain aspects of the legislation. The outline of provisions of the bill in reference to clause 9 states:
requires the occupier of premises on which tobacco products or non-tobacco smoking products are sold to ensure that the products, and any smoking accessories, cannot be seen by the public from inside or outside the premises.
The general concern among small businesses is the impact on their ongoing viability by being unable to display a legal product. In particular, this clause will require specialty tobacconists to black out their windows and doorways so as to prevent anyone outside the premises seeing tobacco products inside the shop. A major concern of tobacconists is the threat to their personal safety this will impose due to an increased risk of violent theft. Not only is any cash held on the premises enticing for would be thieves, but the product they sell also is enticing for the black market trade. These small businesses believe that the requirement that they blacken out their shops will subject them to the real danger of violent attack by thieves looking for cash on premises and particularly cigarettes, which we know has a ready-made black market.
Blacked out shop fronts are likely also to have a negative effect on sales of non-tobacco related products sold by many of these small businesses. Many tobacconists sell sporting paraphernalia and other novelty items that are unrelated to tobacco products. In recent years tobacconists have diversified their product lines to increase sales as people become aware of the dangers of smoking. This part of the legislation will negatively impact on this unrelated aspect of their businesses. Tobacconists located within shopping centre complexes have expressed concern that landlords have indicated that lease options will be questioned when the blackout occurs, as it will reduce the overall shopping appeal within their centre. Longstanding store owners within shopping centres stand to have their hard-earned equity eroded at the next lease renewal period as a result of this legislation. Small businesses have told me that shopping centre owners are telling them that because they have to black out their shopfronts they will not be an attractive shop to have in the shopping centre, and therefore when the lease expires it probably will not be renewed. A further point raised by a number of people relates to clause 10 of the bill, which states:
The occupier of premises on which tobacco products or non-tobacco smoking products are sold must ensure that those products, and any smoking accessories, are sold from only one point of sale on those premises.
Many tobacconists have more than one cash register on their premises, usually within close proximity of each other. This provides more efficient service where up to 600 customers may be served in one day. This clause permits only one cash register to sell products, despite the fact that two registers may be in close proximity to each other on one sales counter. I ask the Government to consider modifying this single point of sale requirement for specialist tobacconists so as not to disadvantage customers and owners of busy specialist tobacconist stores.
It should be noted that, apart from these points, all of the businesses and industry representatives with whom I have spoken generally support the legislation and agree that children must be protected from the effects of tobacco smoke. I am certainly of this view and support the legislation. However, as shadow Minister for Small Business I have an obligation to raise industry concerns. Mr George Georgas, Managing Director of the CTC Group, contacted me and raised several issues. Mr Georgas pointed out that New South Wales has 128 specialist tobacconists. He seeks clarification in relation to part 5, division 3, clause 39 (3), which states:
A person who was engaged in tobacco retailing immediately before the commencement of this section does not commit an offence against subsection (1) if the person gives the notification required by that subsection within the period of 3 months after the commencement of this section.
He says this three-month notification requirement is confusing when coupled with clauses 5 (6) and 5 (8) in part 2 of schedule 1 to the bill, which refer to a six-month period after the commencement of section 9. Mr Georgas seeks clarification of how soon a tobacconist must notify that he or she retails tobacco, as their livelihood is at stake if the application deadline is missed. The point he makes is that one part of the legislation indicates a three-month period and another part indicates that the period is six months. If the Minister for Small Business, who is at the table, is able to clarify the situation it would help the specialist tobacconists ensure they get their applications for licences in on time.
I have been contacted also by Mr Andrew White, General Manager of the Tobacco Station Group representing 60 franchised specialist tobacconist stores in New South Wales. He has no major issues with this legislation but is concerned about the requirement for a single point of sale of products. He also is concerned about the application of the legislation to the full range of smoking accessory products like ashtrays and some high-value products like cigarette cases. As I stated earlier, some of these specialist tobacconist businesses sell products that are not tobacco-related.
He also raised the issue of whether restricting New South Wales specialist tobacconists from commencing business over the four-year transition period is in breach of the Federal Trade Practices Act by delivering a competitive advantage to existing specialist tobacconists. The points he makes are that the prohibition of the establishment of any new tobacconist businesses, as I understand is the purpose of the legislation, gives tobacconists a competitive advantage, and such a restriction is contrary to the Trade Practices Act. Perhaps that is not an issue that the Minister can deal with because it relates to Federal legislation but, as the point was made, I draw it to the attention of the House.
Notwithstanding concerns expressed by small businesses, in particular specialist tobacconists, as I stated at the outset, I support the legislation. I recognise the need to prevent children from being exposed to tobacco smoke and to prevent young people taking up smoking. I would appreciate the Minister for Small Business, Minister for Science and Medical Research, and Minister Assisting the Minister for Health (Cancer) addressing the issues I have raised on behalf of small businesses, particularly specialist tobacconists, during his reply.
