Tobacco and Other Smoking Products (Smoke-free Places) Amendment Bill 2015

Introduced: 10/11/2015By: Hon CR Dick MPStatus: PASSED
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Plain English Summary

Overview

This bill amends Queensland's tobacco laws to ban smoking in many more outdoor public places, including bus stops, outdoor malls, public swimming pools, skate parks, under-age sports grounds, childcare centres and aged care homes. It also stops the sale of smoking products from pop-up stalls at festivals and gives councils a new general power to ban smoking at other outdoor public places.

Who it affects

Smokers face new fines for lighting up in many everyday places, while non-smokers, children and families gain stronger protection from second-hand smoke. Aged care residents, childcare operators, event organisers, tobacco sellers and local councils also face new rules or powers.

Key changes

  • Smoking banned at all bus stops, taxi ranks, train stations, ferry terminals and similar public transport waiting points, and within five metres of them (maximum fine 20 penalty units)
  • Smoking banned at all outdoor pedestrian malls, public swimming pools, within 10 metres of skate parks, and at under-age sports grounds during events and training
  • Smoking banned at all early childhood education and care facilities (including family day care homes while operating) and at residential aged care facilities, except in nominated outdoor smoking places set up by the operator
  • Government can declare smoking bans at prescribed national parks and government precincts by regulation
  • Selling smoking products from temporary retail outlets (booths, tents, stalls, trailers, mobile structures) becomes an offence with a maximum fine of 140 penalty units
  • Councils lose their specific power to make local laws for malls and transport stops (now state-wide) but gain a new general power to ban smoking at other outdoor public places, up to 20 penalty units
  • Hookahs used for non-tobacco products are now covered by smoking bans, and displaying part of a hookah counts as displaying a hookah
  • Smoke-free area around entrances to non-residential buildings extended from four to five metres

Bill Story

The journey of this bill through Parliament, including debate and recorded votes.

Introduced10 Nov 2015View Hansard
First Reading10 Nov 2015View Hansard
Committee10 Nov 2015View Hansard

Referred to Health and Ambulance Services Committee

Committee Report15 Feb 2016

Committee report tabled

Second Reading23 Feb 2016View Hansard
1 procedural vote

Vote to grant leave

Procedural vote on whether to grant leave, likely related to a procedural matter during the sitting. The section primarily contains a cognate debate motion for the two tobacco bills (agreed on the voices) and unrelated Private Members' Statements.

Defeated41 ayes – 42 noes2016-02-23

Permission was refused.

A vote on whether to grant permission — for example, to introduce an amendment or vary normal procedure.

Show individual votes

Ayes (41)

Barton(Liberal National Party)
Bates(Liberal National Party)
Bennett(Liberal National Party)
Bleijie(Liberal National Party)
Boothman(Liberal National Party)
Costigan(North Queensland First)
Cramp(Liberal National Party)
Crandon(Liberal National Party)
Cripps(Liberal National Party)
Davis(Liberal National Party)
Dickson(One Nation Party)
Elmes(Liberal National Party)
Emerson(Liberal National Party)
Frecklington(Liberal National Party)
Hart(Liberal National Party)
Langbroek(Liberal National Party)
Last(Liberal National Party)
Leahy(Liberal National Party)
Mander(Liberal National Party)
McArdle(Liberal National Party)
McEachan(Liberal National Party)
McVeigh(Liberal National Party)
Millar(Liberal National Party)
Minnikin(Liberal National Party)
Molhoek(Liberal National Party)
Nicholls(Liberal National Party)
Perrett(Liberal National Party)
Powell(Liberal National Party)
Rickuss(Liberal National Party)
Robinson(Liberal National Party)
Rowan(Liberal National Party)
Seeney(Liberal National Party)
Simpson(Liberal National Party)
Smith(Liberal National Party)
Sorensen(Liberal National Party)
Springborg(Liberal National Party)
Stevens(Liberal National Party)
Stuckey(Liberal National Party)
Walker(Liberal National Party)
Watts(Liberal National Party)
Weir(Liberal National Party)

Noes (42)

Bailey(Australian Labor Party)
Boyd(Australian Labor Party)
Brown(Australian Labor Party)
Butcher(Australian Labor Party)
Byrne(Australian Labor Party)
Crawford(Australian Labor Party)
Dick(Australian Labor Party)
Donaldson(Australian Labor Party)
D’Ath(Australian Labor Party)
Enoch(Australian Labor Party)
Farmer(Australian Labor Party)
Fentiman(Australian Labor Party)
Furner(Australian Labor Party)
Gilbert(Australian Labor Party)
Grace(Australian Labor Party)
Harper(Australian Labor Party)
Hinchliffe(Australian Labor Party)
Howard(Australian Labor Party)
Jones(Australian Labor Party)
Kelly(Australian Labor Party)
King(Australian Labor Party)
Linard(Australian Labor Party)
Lynham(Australian Labor Party)
Madden(Australian Labor Party)
Miles(Australian Labor Party)
Miller(Australian Labor Party)
O’Rourke
Palaszczuk(Australian Labor Party)
Pearce(Australian Labor Party)
Pease(Australian Labor Party)
Pegg(Australian Labor Party)
Pitt(Australian Labor Party)
Power(Australian Labor Party)
Pyne(Independent)
Russo(Australian Labor Party)
Ryan(Australian Labor Party)
Saunders(Australian Labor Party)
Stewart(Australian Labor Party)
Trad(Australian Labor Party)
Whiting(Australian Labor Party)
Williams(Independent)
de Brenni(Australian Labor Party)
20 members spoke19 support1 mixed
3.41 pmMr HARPERSupports

Spoke in support as a former paramedic and committee member, drawing on personal experience of his uncle's death from lung cancer and his professional observations of the devastating effects of chronic obstructive airways disease.

As a responsible government, we should, and I believe must, do what we can in terms of keeping a safe and healthy society.2016-02-23View Hansard
3.55 pmMs LINARDSupports

Supported the government bill as committee chair, noting it provides superior protections compared to the private member's bill with additional safeguards at skate parks, sporting events, early childhood facilities and aged-care facilities.

I watched a grandparent who never smoked a day in her life die a very painful death due to passive smoking.2016-02-23View Hansard
4.15 pmMr DICKSONSupports

Spoke passionately as a former smoker in favour of the bill, sharing his personal struggle to quit and calling for consideration of whether smoking should eventually be made illegal.

I have said three times already that this choice is addictive, is expensive and kills people and we are allowing this to happen in our society.2016-02-23View Hansard
4.26 pmMr KELLYSupports

Supported the bill from a micro-economic perspective, arguing it increases non-dollar costs of smoking and reduces exposure to second-hand smoke, drawing on his experience as a nurse witnessing the health effects of tobacco.

Fifty per cent of consumers are killed by tobacco products if they are consumed as intended. That is an incredible statistic.2016-02-23View Hansard
4.46 pmMr BROWNMixed

Supported the bill's protections for the public but expressed a reservation that it does not address smoking in high-roller rooms at casinos where workers remain exposed to passive smoke.

I am voting for it because it provides protections to members of the public, but I hope that the minister will look towards greater protections for workers in workplaces that are still, in Queensland in 2016, exposed to the dangers of passive smoke and second-hand smoke.2016-02-23View Hansard
4.50 pmDr ROWANSupports

Spoke as an addiction medicine specialist and former AMA Queensland president, strongly endorsing the bill as a necessary public health measure that protects children and incentivises smokers to quit.

Let me get straight to the point: this legislation is good for Queenslanders. It will have a significant and lasting benefit for many in our state.2016-02-23View Hansard
4.58 pmMs FARMERSupports

Supported the bill drawing on her experience as a speech pathologist treating laryngectomy patients, highlighting the devastating nature of nicotine addiction and the importance of reducing exposure for young people.

What really shocked me and what stuck in my mind and I think started my absolute passion about the need to curb smoking was that within a week he was smoking 60 cigarettes a day through his stoma.2016-02-23View Hansard
5.09 pmMrs GILBERTSupports

Supported the bill, citing the chemical composition of cigarettes and noting the government bill provides stronger protections than the opposition's bill, particularly at skate parks, swimming pools and national parks.

The government's bill is stronger than the one proposed by the opposition. The government's bill has stronger protection for the community.2016-02-23View Hansard
5.16 pmMr PERRETTSupports

Supported both bills but criticised the government for being slow to act and for not following the LNP's earlier leadership on the issue, and raised concerns about enforcement burdens on local government.

What we have is that four months later the government introduced its own bill—a bill which is very similar to that introduced by the LNP.2016-02-23View Hansard
5.25 pmMr CRAWFORDSupports

Supported the bill as a non-smoker and former paramedic, sharing experiences from firefighting and paramedic work that illustrated the devastating health and financial impacts of smoking on individuals and families.

One day people will be reading Hansard of today's speeches and they will probably be amazed to think that we still allowed cigarettes as part of society.2016-02-23View Hansard
5.32 pmMs FENTIMANSupports

Supported the bill as Minister for Women and Youth, emphasising the disproportionate impact of smoking on young mothers and disadvantaged communities, and the importance of reducing youth exposure to smoking.

Young women are 2½ times more likely to smoke at some time during their pregnancy than older women.2016-02-23View Hansard
5.39 pmMs BATESSupports

Supported the bill while emphasising the LNP's proactive role through its earlier private member's bill, noting the government bill largely mimics the opposition's proposals.

I am proud to be part of the LNP opposition that is taking proactive steps to decrease the prevalence of smoking in Queensland and provide healthier public spaces for the more than 85 per cent of Queenslanders who do not smoke.2016-02-23View Hansard
5.43 pmMs HOWARDSupports

Supported the bill, highlighting the need for protections at early childhood facilities and private aged-care facilities, and sharing the personal impact of her mother's death from lung cancer due to tobacco addiction.

My much loved mother was addicted to tobacco and she suffered greatly as a result of her addiction, eventually dying of lung cancer a few weeks short of her 69th birthday—way too soon.2016-02-23View Hansard
5.50 pmMr FURNERSupports

Supported the bill as a reformed smoker, drawing on his experience as a former federal senator involved in plain packaging legislation and highlighting the need for consistency in smoking bans across local government areas.

Queenslanders and Australians are leading the way in making changes like this that will no doubt benefit our community and no doubt prevent people contracting serious disease and breathing in second-hand smoke.2016-02-23View Hansard
7.31 pmMr KINGSupports

Supported the bill, emphasising the need to protect the 85 per cent of Queenslanders who are non-smokers from second-hand smoke in public places and the importance of reducing social acceptance of smoking among young people.

Tobacco products are the only products sold legally on the market today that studies say will kill half of those who use them when used as intended.2016-02-23View Hansard
7.36 pmMs ENOCHSupports

Supported the bill as Minister for Small Business, sharing childhood memories of second-hand smoke exposure and her father's death from lung cancer, and emphasising the need for consistent statewide smoke-free legislation.

We know it instinctively. We know that this is not what we want for the future. Although individuals make their own choices, there is a role for government in this.2016-02-23View Hansard
7.45 pmMr de BRENNISupports

Supported the bill as Minister for Housing and Public Works, noting its importance for protecting children and outlining the department's compliance role for state government properties under the new smoking bans.

Reforms like this have the potential to mean that there is a much better chance that she may never smoke or that she might never be subjected to second-hand smoke in public places.2016-02-23View Hansard
7.54 pmDr LYNHAMSupports

Supported the bill as a medical practitioner and maxillofacial surgeon, drawing on his clinical experience treating head and neck cancer patients and highlighting that legislative approaches have been the most effective interventions to reduce smoking.

To see people faced with head and neck cancer as a direct result of cigarette smoking was terrible to behold.2016-02-23View Hansard
8.04 pmMr BAILEYSupports

Supported the bill as Minister for Road Safety, comparing smoking deaths to the road toll, emphasising the right to clean air and the need for consistent statewide legislation, and sharing the personal impact of his father's death from heavy smoking at age 60.

My father was a very heavy smoker. He smoked three packets a day every day throughout his adult life, and unsurprisingly he only made it to the age of 60.2016-02-23View Hansard
8.19 pmMr DICKSupports

In reply as Minister for Health, defended the government bill's superiority over the private member's bill, rebutted criticisms about government delay, highlighted the Workplace Quit Smoking Program and announced its extension to childcare workers.

Since the program started more than 9,840 registrations have been received from workers located in a range of industries throughout Queensland.2016-02-23View Hansard
In Detail23 Feb 2016View Hansard
Third Reading23 Feb 2016View Hansard
Royal Assent4 Mar 2016

Sectors Affected

Classified using AGIFT/ANZSIC Australian government standards