29 October 2024
The Hon. R.A. SIMMS (17:26): I rise to indicate support of this legislation on behalf of the Greens. The Greens have always supported a health approach to substance use. We believe that harm minimisation is the most appropriate way to reduce the adverse health, social and economic consequences of alcohol and the use of other drugs. We want to see a reduction in high-risk uses of nicotine and tobacco, as we acknowledge that they are substances that can cause significant harm. Of course, one of the risks around vaping and access to e-cigarettes is that if young people and children get access to these drugs from a very young age, they are going to be using them potentially throughout the life cycle.
It is important for us that there are supports in place to help young people under the age of 15 to move away from nicotine. This is an argument that the Greens have consistently made in the federal parliament and, indeed, in July when the federal government moved to ban the importation, manufacture, sale, supply and commercial possession of vapes in Australia, the Greens made that point.
In the vaping reforms passed by the federal parliament in June, the Greens negotiated with the Albanese government in Canberra to secure some positive measures to support a health approach in relation to e-cigarettes and vapes. Under this new agreement, GPs can continue to prescribe therapeutic vapes. Possession of quantities for personal use will not be subject to criminal charge. There will be a review of the legislation after three years and additional funding will be provided to support young people quitting vaping. I note that this will be of benefit to young people in South Australia as well.
We know that this proposed bill will bring South Australia into line with changes made at the federal level. Some of the changes include increasing penalties for the sale to children, of selling tobacco without a licence, advertising tobacco or cigarette products, or smoking in a smoke-free area. We also welcome the establishment of a five-metre smoke-free and vape-free buffer at public transport stops to support the health of people who are waiting for public transport.
I might take this opportunity to recognise the leadership of Minister Picton. I think he has been a real national leader in this space. Indeed, I recognise his work as a political staffer when he worked for the Hon. Nicola Roxon when she was federal health minister on world-leading legislation to ban tobacco advertising, in effect, on tobacco packets and to implement plain cigarette packaging.
That was a world-leading piece of legislation and I know that before he was a minister Chris Picton worked on that. Here in this parliament the minister has taken up the fight against the big tobacco companies, so I commend him for that. I also echo the statements made by the Hon. Frank Pangallo that the next step here is surely to phase out the use of cigarettes over time, and the Greens are certainly supportive of the Hon. Frank Pangallo's bill.
I also thank the minister for the collegial way in which he has worked with the Greens in approaching this bill. When the legislation came forward, one of the issues we were concerned about was the potential for young people to be involved in controlled purchase operations or, in effect, sting operations. Our concern was that you could see very young people being involved in these operations, potentially being put at risk, and that appropriate safeguards were not in place. I understand that issue was also of concern to the opposition.
We did not want to go down the path of entirely banning this practice, because we have had advice from the government that the involvement of young people in these operations is of benefit to the broader scheme, because it acts as a potential deterrent. My amendment strikes an appropriate balance between protecting the young people involved and ensuring their safety, whilst also protecting the integrity of the government's scheme. To save time I will talk the chamber through those amendments now during the second reading stage, so that I do not have to do so in committee.
The Greens are proposing that a designated person—that is, a person who can participate in a controlled purchase operation—means a child who is or above the age of 16 years, so in effect it restricts the participation in these activities to 16 and 17 year olds. It makes clear that the minister cannot authorise a designated person to be a controlled purchase officer unless the parent or legal guardian of the person has consented in writing.
The third very important element, which I think points to the issue the Hon. Frank Pangallo raised, is that the authorised officer responsible for supervising any controlled purchase operation involving a designated person—that is, someone who is 16 or 17—will be required to undertake an assessment of the operation and must ensure that appropriate measures are in place to ensure the safety of the designated person during that operation.
I think that should allay some of the concerns honourable members have. It certainly allays the concerns the Greens had when we heard about the involvement of young people in these potential sting operations. I am encouraged by the comments made at the second reading stage that indicate there is broad support in this chamber for that approach.