Victorian Numbered Acts Victorian Numbered ActsAfter section 31 of the Corrections Act 1986 insert —
(1) A prisoner must not possess, make, use, control, conceal, give or supply a category 1 item or a category 2 item in a prison without a reasonable excuse.
Penalty: 2 years imprisonment, in the case of a category 1 item;
12 months imprisonment, in the case of a category 2 item.
(2) Subsection (1) does not apply to an item that is permitted by this Act or the regulations.
(3) In a proceeding for an offence against subsection (1), evidence that a category 1 item or a category 2 item has been found on the person of a prisoner or in a room occupied solely by a prisoner is evidence that the item was in the possession of the prisoner.
(4) In this section—
category 1 item means any of the following—
(a) an explosive substance within the meaning of section 317 of the Crimes Act 1958 ;
(b) a controlled weapon, a dangerous article or a prohibited weapon within the meaning of the Control of Weapons Act 1990 ;
(c) a firearm within the meaning of the Firearms Act 1996 ;
(d) a drug of dependence;
(e) child abuse material within the meaning of section 51A of the Crimes Act 1958 ;
(f) a device capable of communication using any technology, a part of such a device or a device that enables or facilitates the functioning of such a device;
category 2 item means any of the following—
(a) an implement or device used, made to be used or modified to be used, for administering a drug of dependence or a part of such an implement or device;
(b) a drug or medication for which a prescription from a registered medical practitioner or a dentist is required but which has not been prescribed for the prisoner;
(c) an electronic storage or recording device;
(d) an electronic device that is capable of processing information but is not capable of communication;
"use", in relation to a drug of dependence, has the same meaning as in section 70 of the Drugs, Poisons and Controlled Substances Act 1981 .".