Smoking in Cars Carrying Children Now Banned in the Northern Territory
Tuesday 4 November 2014 @ 10.18 a.m. | Legal Research
It is now an offence to smoke in cars carrying children anywhere in Australia, with the Northern Territory becoming the final state or territory to apply the ban.
The Northern Territory currently has the highest rates of smoking in the country, which has a significant impact on the health and well-being of Territorians who choose to smoke. It also reflects a significant, and largely preventable, cost burden on the Northern Territory public health system.
NT Health Minister Robyn Lambley referred to high rates of smoking among Indigenous Australians when justifying amending the Tobacco Control Act 2002 (NT) (the Act).
The Tobacco Control Legislation Amendment Bill 2014 (No 88 of 2014) was introduced into the House of Assembly by Mrs Lambley on 26 August 2014, and Passed the House of Assembly on 30 October 2014. The Bill is currently awaiting Assent.
This Bill is consistent with other Australian jurisdictions that have already prohibited smoking in cars where children are present.
Proposed Amendments to the Legislation
The Bill proposes amendments to the Tobacco Control Act and Tobacco Control Regulations (NT) (SR 2002, No 59).
The main purpose of the Bill is to protect children from the effects of second hand tobacco smoke whilst in motor vehicles. The Bill also requires wholesalers of tobacco to provide information about the quantity of tobacco products supplied to retailers.
The Bill redrafts offences contained in the Act so the offences reflect compliance with Part IIAA of the Criminal Code, which establishes requirements for criminal responsibility.
Comments by the Minister
Minister Lambley said:
"Tobacco use is the leading cause of preventable disease, and early death among Indigenous Australians … Smoking is responsible for one in every five deaths. That's staggering. One in every five deaths among our Indigenous people.
"We continue to work to battle this habit which causes profound health problems … The Australian Government recently announced funding cuts of over $130 million over five-years to the tackling indigenous smoking program … It beggars belief as to why they would do that."
Proposed Penalties
The offence comes into force in December and will attract an on-the-spot fine of two penalty points ($298) for the driver or any passengers of a car with children under 16.
A magistrate would be able to impose a maximum fine of 20 penalty points ($2,980).
Smoking rates in the NT were the highest in Australia, and the habit caused 170 deaths every year in the jurisdiction, according to a 2013 report by the NT Tobacco Advisory Committee.
At least half of all Aboriginal men and women smoked, according to the Menzies School of Health Research, and smoking was responsible for 21 per cent of the life expectancy gap for Indigenous men.
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Sources:
Northern Territory becomes final Australian jurisdiction to outlaw smoking in cars carrying children – Article from abc.net.au
Tobacco Control Legislation Amendment Bill 2014 (NT) - Second Reading Speech and Explanatory Statement - as reported in the TimeBase LawOne Service
