Corrections Amendment (Smoke-Free Prisons) Act 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Corrections Amendment (Smoke-Free Prisons) Act 2014 No. 45 of 2014 TABLE OF PROVISIONS Section Page 1 Purpose 1 2 Commencement 2 3 Definitions 2 4 Seizure 2 5 Regulations 3 6 Definitions 3 7 Enclosed workplaces: offence by smoker 3 8 Repeal of amending Act 4 ═══════════════ ENDNOTES 5 -- 1 of 6 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Corrections Amendment (Smoke-Free Prisons) Act 2014 † No. 45 of 2014 [Assented to 1 July 2014] The Parliament of Victoria enacts: 1 Purpose 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 Victoria -- 2 of 6 -- Corrections Amendment (Smoke-Free Prisons) Act 2014 No. 45 of 2014 2 Authorised by the Chief Parliamentary Counsel (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. 2 Commencement (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. 3 Definitions 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;". 4 Seizure (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 s. 2 See: Act No. 117/1986. Reprint No. 10 as at 20 November 2013 and amending Act Nos 46/2013, 67/2013, 72/2013 and 76/2013. LawToday: www. legislation. vic.gov.au -- 3 of 6 -- Corrections Amendment (Smoke-Free Prisons) Act 2014 No. 45 of 2014 3 Authorised by the Chief Parliamentary Counsel 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;". 5 Regulations 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;". 6 Definitions In section 3 of the Tobacco Act 1987 the definition of exercise yard is repealed. 7 Enclosed workplaces: offence by smoker Section 5A(2)(i) of the Tobacco Act 1987 is repealed. s. 5 See: Act No. 81/1987. Reprint No. 8 as at 1 March 2013 and amending Act No. 66/2013. LawToday: www. legislation. vic.gov.au -- 4 of 6 -- Corrections Amendment (Smoke-Free Prisons) Act 2014 No. 45 of 2014 4 Authorised by the Chief Parliamentary Counsel 8 Repeal 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). ═══════════════ s. 8 -- 5 of 6 -- Corrections Amendment (Smoke-Free Prisons) Act 2014 No. 45 of 2014 5 Authorised by the Chief Parliamentary Counsel 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." Endnotes -- 6 of 6 --