George Christensen (Dawson, National Party) Share this | Hansard source

In rising to speak on the motion, I want to reiterate the issues that have largely been addressed by the member for Dunkley and also by the member for Boothby beforehand. Proposed section 31(2) of the Tobacco Plain Packaging Bill 2011 is of concern. That is where a retailer who contravened the act and sold non-compliant products would be liable for a penalty of up to $220,000. That would kick in from 1 December 2012. The member for Dunkley certainly put it very aptly: December is the busiest month for most small retailers and a time when stock management is particularly difficult. The fact that we have a short window of time between when the manufacturers of these products start supplying retailers with compliant product and when they have to stock the shelves with it means that you are going to have retailers who are out of pocket. They are going to have considerable amounts of unsold non-compliant product.

Mix-ups do happen, particularly with smaller shops, where younger people and perhaps people for whom English is not the first language often work, and mistakes are easily made. If you have a whole heap of non-compliant stock sitting there that is yet to be returned to the manufacturer, the question is whether you can return it and get compensation. I do not know the answer to that, but the fact is that a mistake could be made and non-compliant stock could be sold. It concerns me that a $220,000 fine could be imposed for an accident that, given time, could be completely averted.

If this kicked in on 1 March 2013, it would probably be better for everyone involved, but that would require a further amendment. It would be preferable to me, and obviously to many shopkeepers, to know their exact legal standing. But, if the minister was so kind as to offer a moratorium—as the member for Dunkley has suggested—on fines for small businesses, that would be good. Mistakes may be made during the Christmas rush, with all the day-to-day stuff that small business retailers have to contend with. I really do urge the minister to look at that option. If that was done, these concerns would be addressed.

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