(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.
(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 .
"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 .