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Corrections Act 2004

Corrections system - Miscellaneous - Status of certain rules and regulations relating to smoking in prisons

179AA: Status of certain rules and regulations relating to smoking in prisons

You could also call this:

"Rules about smoking in prisons are protected by law from being challenged in court."

Illustration for Corrections Act 2004

From 12 February 2013, some rules and regulations about smoking in prisons must be treated as if they were made after Part 3 of the Corrections Amendment Act 2013 came into force. You need to know that these rules include ones made by prison managers that stop prisoners from smoking or having tobacco. They also include regulations 4 and 6 of the Corrections Amendment Regulations 2012. From 12 February 2013, you cannot take the government to court to question the validity of these rules and regulations. If a court case about these rules started before 12 February 2013, this section does not affect it, but only for things that happened before 12 February 2013.

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Part 2Corrections system
Miscellaneous: Status of certain rules and regulations relating to smoking in prisons

179AAStatus of certain rules and regulations relating to smoking in prisons

  1. On and from 12 February 2013, the following rules and regulations must be treated as if they were made after Part 3 of the Corrections Amendment Act 2013 came into force:

  2. any rule made before 12 February 2013 by a prison manager under section 33 that forbids prisoners to smoke tobacco or any other substance, or forbids prisoners to possess tobacco or any tobacco-related item; and
    1. regulations 4 and 6 of the Corrections Amendment Regulations 2012.

      1. On and from 12 February 2013, no proceedings may be brought against the Crown questioning the validity of any rules or regulations referred to in subsection (1).

      2. Nothing in this section affects proceedings commenced before 12 February 2013 to the extent that any relief sought or granted in those proceedings relates only to the period before 12 February 2013.

      Notes
      • Section 179AA: inserted, on , by section 39 of the Corrections Amendment Act 2013 (2013 No 5).