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CORRECTIONS AMENDMENT (SMOKE-FREE PRISONS) BILL 2014 (ASSEMBLY INITIATED)

  Corrections Amendment (Smoke-Free
            Prisons) Bill 2014

                        Introduction Print


              EXPLANATORY MEMORANDUM


                               Clause Notes
Clause 1   states the purposes of the Bill.
           The main purpose of the Bill is to amend the Corrections Act
           1986 to allow regulations to be made which will prohibit
           smoking in prisons and regulate the entry, possession and use of
           tobacco products and tobacco related paraphernalia in prisons.
           The Bill will also amend the Tobacco Act 1987 to remove
           exemptions to the offence of smoking in an enclosed workspace
           that apply to prisons.

Clause 2   provides that all parts of the Bill, except those provisions
           concerning amendments to the Tobacco Act 1987 and
           amendments to the seizure power in the Corrections Act 1986,
           will commence on the day after the Bill receives the Royal
           Assent. The amendments to the Tobacco Act 1987 and the
           seizure power in the Corrections Act 1986 will commence on
           1 July 2015.
           The commencement date for amendments to the Tobacco Act
           1987 has been chosen to allow adequate time for Corrections
           Victoria to implement a smoking cessation program in Victorian
           prisons. Amendments to the Corrections Act 1986 empowering
           prison staff to seize tobacco products and accessories are not
           required to commence until the prohibition on smoking in prisons
           commences on 1 July 2015.

Clause 3   inserts the definitions of smoke, tobacco smoking accessory and
           tobacco product into the Corrections Act 1986.


571536                                1       BILL LA INTRODUCTION 6/5/2014

 


 

Clause 4 inserts two new paragraphs (ab) and (ba) into section 46(1) of the Corrections Act 1986 to provide that prison officers have the power to seize tobacco products or tobacco smoking accessories from persons (including a prisoner). The power to seize does not include tobacco products or tobacco smoking accessories that a person or prisoner is permitted to possess which are authorised in the regulations or by a direction of the Governor. It is intended that individual Governor's may authorise tobacco products or smoking accessories to enter parts of the prison. For example, into an area for secure storage of visitors' items or into the prison car park. As the configuration of each prison is different, the Governor's direction should be customised to ensure that visitors and staff do not bring tobacco products or tobacco smoking accessories into contact with prisoners. Signs within the prison will also warn visitors that tobacco products and tobacco smoking accessories must not enter particular parts of the prison. Clause 5 inserts two new paragraphs to section 112(1) of the Corrections Act 1986. The new paragraphs permit regulations to be made which ban smoking in prisons and prohibit or regulate the use, entry and possession of tobacco products and tobacco smoking accessories in prisons. Clause 6 repeals the definition of exercise yard in section 3 of the Tobacco Act 1987. This definition will not be required because the section in which it is used will be repealed by clause 7 of this Bill. Clause 7 repeals section 5A(2)(i) of the Tobacco Act 1987 which currently provides that it is an exception to the offence of smoking in an enclosed workplace, if the offending behaviour occurred in a personal sleeping or living area, or an exercise yard of a prison. The removal of this exception will mean smoking in an enclosed workplace at a prison will be an offence under the Tobacco Act 1987. This repeal will complement the amendments to the Corrections Act 1986 included in this Bill. 2

 


 

Clause 8 provides for the automatic repeal of this amending Act on 1 July 2016. The repeal of this Act does not affect in any way the continuing operation of amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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