Tracey Roberts (Pearce, Australian Labor Party) Share this | Hansard source

I apologise in advance if I get rather emotional in reading this speech. I have seen family members die early due to smoking. My young grandson, who is a type 1 diabetic, has been approached by people trying to introduce him to vaping. I rise to speak on the Public Health (Tobacco and Other Products) Bill 2023 and Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023. In doing so, I wish to briefly recap the minister's second reading speech from when he introduced the Public Health (Tobacco and Other Products) Bill 2023 on 13 September.

As the minister stated, the bill builds on the pioneering tobacco control reforms introduced by past Labor governments, including Australia's world-leading tobacco plain-packaging reforms. This was indeed a bold policy at the time, and we know now that 26 countries have followed the example that we set. The policy has saved lives and will continue to do so not just here but worldwide. It is pleasing to note that the rate of smoking daily has dropped from 16 per cent to 11 per cent of Australians, which is the equivalent of one million fewer Australians smoking. However, it is staggering to learn that tobacco use remains the leading cause of preventable death and disability among Australians, estimated to kill more than 20,000 Australians each year.

The reforms in this bill will support reductions in rates of smoking and tobacco use and, in the long term, smoking-related illness and the burden on the healthcare system. The health impacts are enormous. No family wishes to see a loved one suffer from lung cancer or other diseases caused by smoking. We are advised that the most important thing you can do to prevent smoking-related cancer is to not smoke tobacco products, or to quit if you do, and avoid second-hand smoke.

Quitting smoking lowers the risk for 12 types of cancer: cancers of the lung, larynx, oral cavity, oesophagus, pancreas, bladder, stomach, colon and rectum, liver, cervix and kidney; and acute myeloid leukaemia. In 2020, the US Department of Health and Human Services's report Smoking cessation: a report of the Surgeon General advised the following. Within five to 10 years of quitting smoking, your chance of getting cancer of the mouth, throat or voicebox drops by half. Within 10 years of quitting, your chance of getting cancer of the bladder, oesophagus or kidney decreases. Within one to 15 years after you quit smoking, your risk of lung cancer drops by half. Within 20 years after you quit smoking, your risk of getting cancer of the mouth, throat, voicebox or pancreas drops to close to that of someone who does not smoke, and your risk of cervical cancer drops by about half.

Most people know that smoking causes cancer and other major health problems. Smoking while you are pregnant can cause serious problems, too. Babies can be born too early, have a birth defect or die from sudden infant death syndrome. Smoking can also cause fertility problems. I understand that women who smoke can have more trouble getting pregnant than women who do not smoke. In men, smoking can damage sperm and contribute to impotence. Smoking can also affect your eyes by causing changes that can lead to vision loss. If you smoke, you are twice as likely to develop macular degeneration than a person who does not smoke, and you are two to three times more likely to develop cataracts than people who do not smoke.

Some people try to cut back on smoking cigarettes or work towards quitting smoking completely by using e-cigarettes or other tobacco products in addition to regular cigarettes. This dual use is counterproductive and is certainly not an effective way to safeguard your health.

There are many compelling reasons to take steps to close looming gaps and close loopholes found by the tobacco industry to promote its products and to increase their appeal, particularly to young people. As the minister stated, Australian laws need to keep up with the changing tobacco and technological environment to address challenges such as novel and emerging products and marketing strategies which are very creative. The minister further advised that the Public Health (Tobacco and Other Products) Bill 2023 consolidates the existing Commonwealth tobacco control framework into one act with associated regulations, thereby streamlining the operation of the laws, modernising and simplifying the existing provisions and introducing measures to discourage smoking and prevent the promotion of vaping and e-cigarettes.

It is also important to acknowledge the public feedback received through the consultation period that informed changes made to the bill that included: amending the definition of e-cigarettes to ensure that vaping devices which resemble toys, food, drinks, cartoon characters, animals, musical instruments et cetera are captured by the advertising and sponsorship prohibition; changing the commencement date of the new mandatory reporting period from 1 July 2024 to 1 July 2025 in response to feedback from the tobacco industry stakeholders regarding the time required to establish new administrative systems; amending the definition of 'prohibited term' to ensure that brand and variant names cannot include terms such as 'cool', 'extra' or 'fresh', which all imply a positive quality; updating advertising prohibition exceptions for journalism to prevent advertorials where the person that publishes the material receives a benefit of any kind for publishing the material from a manufacturer, importer, distributor or retailer of tobacco products; and removing the requirement to report on research and development activities in response to feedback provided by tobacco industry stakeholders regarding undue burden on reporting entities.

It is imperative we work to help improve the health of all Australians by reducing the prevalence of tobacco use and its associated health, social and environmental costs and the inequalities that it clearly causes. Not only is there a cost to health but many vulnerable people in our communities who use tobacco products struggle to give up and, at today's cost, that is proving to have a significant impact on their daily financial lives.

The reforms are supported by robust evidence of the impact of the measures on smoking. The long-term objective is to reduce prevalence by reducing uptake, with a particular focus on youth and young adults. The measures will further strengthen gains made by Australia's world-leading reforms, such as plain packaging. Sadly, the opposition does not have a good record when it comes to tobacco reform. During their 10-year term, they did nothing to reduce smoking and vaping rates across the country. The Albanese government is determined to do all it can to tackle the harms caused by smoking. We want to ensure that, in future, people do not take up smoking in the first place.

The bill provides for a range of measures, including, but not limited to: expanding advertising prohibitions to reduce the public's exposure to the advertising and promotion of e-cigarettes; the continuation of plain packaging; and restrictions on the use of brand and variant names that falsely imply reduced harm. New regulations will include providing updated and improved health warnings and restrictions on the use of ingredients or additives that enhance attractiveness and palatability of tobacco products and, importantly, health promotion inserts that encourage and empower people who smoke to quit.

I am proud of the government for taking up this fight to improve the health of all Australians, particularly the most vulnerable and disadvantaged in our communities, who do, indeed, endure the most of tobacco company profits.

The Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023 contains consequential amendments and transitional provisions which are required to give effect to the consolidation of the tobacco control legislation in the Public Health (Tobacco and Other Products) Bill 2023. The purpose of this legislation is to modernise and streamline the existing Commonwealth regulatory framework, which includes eight different tobacco related acts, legislative instruments and court decisions administered across the health and Treasury portfolios, and to strengthen Australian's regulation of tobacco products in line with international best practice.

Regulations proposed to be made in the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill are intended to ensure a 12-month transition to the new regime. They include provisions to allow time for any required tobacco product production changes, along with a retailer transition period of a further three months to allow for the sell-through of stock. The rationale for the new measures is to reduce tobacco palatability by restricting additives; to reduce tobacco product attractiveness by regulating product design features that create novelty value; and to encourage and empower people who seek to quit by requiring health promotion inserts. The measures are also to update and improve health warnings; place further restrictions on advertising and promotion; further standardise the size of tobacco packets and products, cigarette pack cartons and stick size, roll-your-own tobacco pipe size, and little cigar and cigarillo pack size; require mandatory disclosure of tobacco industry volumes and pricing, product ingredients and tobacco industry advertising, and promotion and sponsorship activities and expenditure; require dissuasive measures on tobacco products; and prohibit the use of brand and variant names that falsely imply reduced harm.

Clause 2 of the Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill provides for the commencement of the provisions in the bill. Clause 3 states:

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1 deals with repeals and consequential amendments. Part 1, item 1, repeals the whole of the Tobacco Advertising Prohibition Act 1992, and item 2 repeals the whole of the Tobacco Plain Packaging Act 2011. Part 2 deals with consequential amendments to the Broadcasting Services Act 1992, the Competition and Consumer Act 2010, the Criminal Code Act 1995, the Social Security (Administration) Act 1999, the Taxation Administration Act 1953 and the Trade Marks Act 1995. In schedule 2, application, saving and transitional provisions are outlined.

In conclusion, I acknowledge there are many pieces of legislation governing tobacco control within Australia, which has created ambiguity regarding compliance, duplication of reporting, and enforcement. It is time to consolidate existing legislation to reduce red tape and the possible duplication of portfolio responsibility for policy and enforcement. I am supportive of the government's efforts to modernise, simplify and consolidate tobacco control.

I had to struggle through this speech because it's very dear to my heart. I support this because I nursed my mum and watched her die of lung cancer long before her time due to smoking—something that she did when she was a teenager and something that she thought it was cool to do because everybody was doing it and it looked cool. It's not. It ended her life early. I've sat in IVF clinics. I've seen parents and parents-to-be there—and my young grandson as well, a type 1 diabetic—with that temptation in front of them, which is so terribly wrong. Tobacco use is a leading cause of preventable death and disease, and is a key health risk factor in Australia. I wish to provide the best conceivable way forward for my constituents in Pearce and all around Australia to live happy, healthy lives. Therefore, I commend the bill to the House.

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