322Smoking and possession of smoking-related items in correctional centres and residential facilities

322 Smoking and possession of smoking-related items in correctional centres and residential facilities

322 Smoking and possession of smoking-related items in correctional centres and residential facilities

(1) A person must not when in a correctional centre or residential facility—

(a) smoke, or

(b) use tobacco in any form, or

(c) use an e-cigarette.

Maximum penalty—1 penalty unit.

(2) Subclause (1) does not apply in relation to a resident of a correctional centre or residential facility smoking, or using tobacco or an e-cigarette, in an area of the centre or facility designated under subclause (4A)(a).

(3) A person must not have tobacco in any form, or any tobacco-related accessory, e-cigarette or e-cigarette accessory, in his or her possession within—

(a) a correctional centre if the person is an inmate, or

(b) an area of a correctional centre that is designated under subclause (4A)(b) if the person is not an inmate.

Maximum penalty—5 penalty units.

Note.

Failure by an inmate to comply with subclause (1) or (3) is a correctional centre offence.

(4) Subclause (3)(a) does not apply in relation to the possession of any thing within a correctional centre by an inmate if the inmate has the thing in his or her possession—

(a) on first arriving for admission into the correctional centre and the admission procedures relating to the surrender of property by the inmate have not yet been completed, or

(b) because it has been returned to the inmate in accordance with this Regulation, including in connection with the release of the inmate from custody.

(4A) The Commissioner may designate—

(a) an area of a correctional centre or residential facility as an area in which residents may smoke, or use tobacco or an e-cigarette, or

(b) an area of a correctional centre as an area in which no person may have any tobacco, tobacco-related accessory, e-cigarette or e-cigarette accessory in his or her possession.

(4B) An area is to be designated under this clause by signs or notices displayed in, or at entrances to, the area.