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Corrections Amendment (Smoke-Free Prisons) Act 2014

No. 45 of 2014

table of provisions

Section  Page

1Purpose

2Commencement

3Definitions

4Seizure

5Regulations

6Definitions

7Enclosed workplaces: offence by smoker

8Repeal of amending Act

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Endnotes

Corrections Amendment (Smoke-Free Prisons) Act 2014

No. 45 of 2014

[Assented to 1 July 2014]

The Parliament of Victoria enacts:

1Purpose

The purpose of this Act is to amend—

(a)the Corrections Act 1986 to provide for the prohibition and regulation of smoking and the entry, use and possession of tobacco products and tobacco smoking accessories in prisons; and

(b)the Tobacco Act 1987 to remove the exception relating to prison cells and exercise yards from the offence of smoking in an enclosed workplace.

2Commencement

(1)This Act, except sections 4, 6 and 7, comes into operation on the day after the day on which it receives the Royal Assent.

(2)Sections 4, 6 and 7 come into operation on 1 July 2015.

3Definitions

In section 3(1) of the Corrections Act 1986, insert the following definitions—

"smoke means the drawing or releasing of smoke or fumes resulting from heating or burning an ignited tobacco product, and includes but is not limited to, holding or controlling an ignited tobacco product;

tobacco smoking accessory means any smoking implement and includes but is not limited to, cigarette papers, pipes, cigarette holders, hookahs, water pipes, cigarette lighters, matches or other similar methods of ignition of a tobacco product;

tobacco product means tobacco, cigarette or cigar or any other product the main ingredient of which is tobacco and which is designed for human consumption;".

4Seizure

(1)After section 46(1)(a) of the Corrections Act 1986 insert—

"(ab)any tobacco product or tobacco smoking accessory found on a person or in a person's possession, other than a tobacco product or a tobacco smoking accessory which a person is authorised to possess under the regulations or a direction of the Governor;".

(2)After section 46(1)(b) of the Corrections Act 1986 insert—

"(ba)any tobacco product or tobacco smoking accessory found on a prisoner or in a prisoner's possession, other than a tobacco product or a smoking accessory which a prisoner is authorised to possess under the regulations or a direction of the Governor;".

5Regulations

After section 112(1)(aa) of the Corrections Act 1986 insert—

"(ab)the prohibition and regulation of smoking in a prison or in any part of a prison;

(ac)the prohibition and regulation of entry, use and possession of tobacco products and tobacco smoking accessories in a prison or in any part of a prison;".

6Definitions

In section 3 of the Tobacco Act 1987 the definition of exercise yard is repealed.

7Enclosed workplaces: offence by smoker

Section 5A(2)(i) of the Tobacco Act 1987 is repealed.

8Repeal of amending Act

This Act is repealed on 1 July 2016.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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EndnoteS

Minister's second reading speech—

Legislative Assembly: 7 May 2014

Legislative Council: 26 June 2014

The long title for the Bill for this Act was "A Bill for an Act to amend the Corrections Act 1986 to provide for the prohibition and regulation of smoking and the entry, use and possession of tobacco products and tobacco smoking accessories in Victorian prisons, to consequentially amend the Tobacco Act 1987 and for other purposes."