Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
Briefing Paper No. 1/2005 by Talina Drabsch
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Tobacco is a controversial product. Whilst its use is legal in Australia, it is
the leading preventable cause of morbidity and premature mortality. Tobacco is
responsible for more death and drug-related hospitalisations than alcohol and
illicit drugs combined. Approximately 21% of male adults and 18% of female
adults in Australia are daily smokers.
The arguments of the anti-tobacco lobby have changed with time from a focus on
the morality of tobacco use, to health fears for the smoker and the current
focus on the rights and health of non-smokers. This paper examines some of the
ways governments have sought to control tobacco use.
Some background information on the incidence of smoking and the associated
social and economic costs is provided in section 2 (pp 2-6). The size of the
tobacco industry, governmental revenue and outlays associated with tobacco, and
the household expenditure of smoking and non-smoking households are noted.
Section 3 (pp 7-23) examines the ways tobacco is controlled in Australia, with
a particular focus on NSW. It explains some of the strategies that have been
developed by the Commonwealth and NSW governments. It also discusses the
regulation of tobacco packaging, advertising, juvenile smoking, and health
warnings. This section looks at the influence of price on tobacco consumption
and notes some of the ways smoking cessation is encouraged. The emergence of
litigation as a means of tobacco control is also highlighted.
Greater concern about the impact of passive smoking on non-smokers has led to
the enactment of laws, both in Australia and internationally, that restrict
smoking in enclosed public places. Section 4 (pp 24-51) examines the emergence
of smoke-free public areas. Information on the issues associated with passive
smoking is provided, including the impact of passive smoking on children. Some
examples of local councils that have expanded smoke-free public spaces to
include such things as beaches and children’s playgrounds are noted. An
overview of the Smoke-free Environment Act 2000 (NSW) is included with
the Smoke-free Environment Amendment Act 2004 (NSW) also discussed.
Prior to the Smoke-free Environment Amendment Act 2004, licensed
premises were exempt from the requirement that an enclosed public space be
smoke-free. However, this exemption is to be gradually removed from 3 January
2005. Information on passive smoking claims and the ‘Share the Air’
agreement between the NSW Government, hospitality industry and union
representatives is presented, as is an overview of the status of smoking bans
at the federal, state and territory level. The growth in the number and extent
of smoking bans in various countries throughout the world is discussed, with
particular attention given to Canada, New Zealand, the United Kingdom, Ireland
and the United States. Finally, the effectiveness of smoking bans is analysed.