Helen Coonan (NSW, Liberal Party) Share this | Link to this | Hansard source

I present the 10th report of 2010 of the Senate Standing Committee for the Scrutiny of Bills. I also lay on the table Scrutiny of Bills Alert Digest No.10 of 2010, dated 24 November 2010.

Ordered that the report be printed.

I move:

That the Senate take note of the report.

I seek leave to incorporate a tabling statement in Hansard.

Leave granted.

The statement read as follows—

Alert Digest No. 10 and Tenth Report of 2010

24 November 2010

In tabling the Committee’s Alert Digest No. 10 of 2010 and its Tenth Report of 2010 I draw the Senate’s attention to the Committee’s comments on the Tobacco Advertising Prohibition Amendment Bill 2010.

This Bill seeks to bring restrictions on tobacco advertising and promotion on the internet into line with restrictions in other media and at other retail points of sale.

The Bill will make it an offence to advertise tobacco products on the internet and in other electronic media such as mobile phones or computers unless the advertising complies with other applicable legislation.

The new offence will apply to advertisements published before the commencement of the Act if the advertisement is accessible to the public after the provisions come into force. This means that the offence will operate retrospectively.

The Scrutiny of Bills Committee is troubled by retrospectivity when it could have a detrimental effect on any person. In this case the Committee is concerned that the retrospective operation of the offence means that a person could unknowingly breach the new offence provision.

The Committee acknowledges the justification for the approach outlined in the explanatory memorandum. This includes that the retrospective aspect of the offence is necessary to avoid undermining the object of the Bill and that it is intended that it commence 6 months after the Act is passed to allow time for previously published tobacco advertisements to be removed.

However, the Committee is concerned to limit the likelihood of any inadvertent breaches and will seek information from the Minister about this, including about steps that will be taken to inform those who will be affected by the new law if it is passed.

In relation to its Tenth Report, the Committee has again received a considerable number of timely and comprehensive responses to issues raised in previous Alert Digests. Several Bills contain issues of potential concern under Standing Order 24 and I draw the Senate’s attention to the Committee’s comments in relation to them.

I commend Alert Digest No. 10 of 2010 and the Tenth Report of 2010 to the Senate.

Question agreed to.