Thinking that it can do more to combat the increasing prevalence of diabetes in the community

caused by an overconsumption of sugar (with the consequential impact on the already stretched

hospital system), and wanting to lead by example, the Victorian Parliament enacts the Ice-cream

(Sugar Reduction and Restriction) Act 2023 (Vic) (the 'Ice-cream Act'). The Ice-cream Act contains the

following provisions:

Section 8

(1) It is an offence to manufacture, distribute or sell ice-cream containing more than 5g of sugar per

100g.

Penalty 500 units

(2) It is an offence to purchase or consume ice-cream containing more than 5g of sugar per 100g.

Penalty 10 units.7

Section 9

Notwithstanding section 8 above, no ice-cream whatsoever is to be distributed, sold, purchased or

consumed in, or on the grounds of, Parliament House in any parliamentary sitting week.

Section 10

An amendment to this Act shall not be submitted to the Governor for Royal Assent unless the bill has

been passed by an absolute majority of the members of both Houses of Parliament in a joint sitting,

and after having obtained the advice of the Diabetes Association of Victoria.

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Sarah Lea, the independent, lower house member for the Polwarth electoral district (which

encompasses the Surf Coast and Great Ocean Road) is concerned about the Ice-cream Act because

there are many local boutique ice-cream venues in her electoral district which attract tourists from

around Australia and the world. In addition, an ice-cream manufacturer in Colac (also in her electoral

district) has been the preferred supplier of ice-cream at Parliament House until the enactment of the

Ice-cream Act, and is now in danger of being put into administration due to a drop in sales. Sarah also

loves ice-cream (especially salted caramel ice-cream), and has often been seen strolling around

Parliament House during a short break in parliamentary proceedings eating salted caramel ice-cream

in a waffle cone.

Sarah thinks that sections 8 and 9 of the Ice-cream Act go too far and wants to introduce a private

members bill into Parliament to repeal them - the 'Ice-cream (Restriction Overkill) Repeal Bill 2024'

.

Advise Sarah whether her bill to repeal sections 8 and 9 needs to follow the procedure in s 10 of the

Ice-cream Act.