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. > > > (5) (Repealed) > > > (6) In this clause— > > > > e-cigarette means a device that is designed to generate or release an aerosol or vapour (whether or not containing nicotine) by electronic means for inhalation by its user in a manner that replicates, or produces an experience similar to, the inhalation of smoke from an ignited tobacco product or ignited non-tobacco smoking product. > > > > e-cigarette accessory means— > > > > > (a) a cartridge, capsule or other container designed to contain a liquid, aerosol, gas, vapour or other substance for use in an e-cigarette, or > > > > > (b) a heating element designed for use in an e-cigarette. > > > > non-tobacco smoking product and tobacco product have the same meanings as in the [Public Health (Tobacco) Act 2008](/view/html/inforce/current/act-2008-094). > > > > resident of a correctional centre or residential facility includes any of the following persons accommodated at the centre or facility and does not include an inmate— > > > > > (a) a person who is the subject of a community-based order (within the meaning of section 236M of the Act), > > > > > (b) a correctional officer, > > > > > (c) a residential facility officer. > > > > tobacco-related accessory means anything that it is reasonable to assume will be used to facilitate the smoking or use of tobacco such as a match, a lighter or a smoking accessory within the meaning of the [Public Health (Tobacco) Act 2008](/view/html/inforce/current/act-2008-094). > > **cl 322:** Subst 2015 (390), Sch 1 \[3\]. Am 2015 (423), Sch 1 \[1\]–\[5\].