Tobacco Products Regulation (Expiation Fees) Amendment Bill

This speech is to move that it be an instruction to the committee of the whole on the bill that it have power to consider a new clause in relation to confiscation of tobacco products from children.

The Hon. J.M.A. LENSINK: I move:

That it be an instruction to the committee of the whole on the bill that it have power to consider a new clause in relation to confiscation of tobacco products from children.

 Motion carried.

In committee.

Clause 1.

The Hon. J.M.A. LENSINK: I move:

Page 2, line 3—Delete ‘Expiation Fees’ and substitute ‘Miscellaneous Offences’

I reiterate what I said in my second reading speech. I believe that this is the third time an attempt has been made to include a power of this nature in tobacco products legislation. The rationale for its inclusion is that there should be some form of shared responsibility. It is not just up to adults, retailers and so forth; we believe young people ought to take some responsibility as well. The penalty has been removed from this version. The issue is that once minors have a tobacco product in their possession, regardless of whether they obtained it legally or illegally, there is nothing the authorities can do about it. As the minister indicated in her summing up, we will consult with the Local Government Association between the houses in relation to authorised officers and, if necessary, the opposition is happy to support an amendment to delete them from the bill.