Convicted murderer loses bid to overturn Vegemite ban in Victorian prison

The court's ruling

Andre McKechnie, 54, lost his case against Victoria's corrections department on Monday, 26 October, when the Supreme Court of Victoria refused to overturn the prison ban on Vegemite. Justice Claire Harris found no breach of his right to be provided with food adequate to maintain his health and wellbeing. She said Vegemite might be regarded as part of Australian culture, and that the human rights charter might extend to certain foods. Even so, she ruled that the prohibition was a proportionate measure taken by prison authorities. She concluded that refusing him access to the spread was reasonable and demonstrably justified.

The prisoner's argument

McKechnie sued the state's corrections department, arguing that the ban denied him an integral part of his culture as an Australian. At the hearing he explained how the refusal affected him.

“Without being able to consume Vegemite, I feel deprived of being able to practice my Australian culture, sad and disconnected from my family and community.”

His claim also rested on a legal duty to provide food that maintains the health and wellbeing of prisoners, but the judge said that breach had not been established. The court accepted that Vegemite might be seen as part of Australian culture, yet it held that cultural rights are limited primarily by the fact of imprisonment.

Why the ban exists

Vegemite has been banned in Victorian prisons since 2006. Corrections Victoria's list of contraband items cites concerns that the spread interferes with narcotic detection dogs, because its strong smell can distract them. Its yeast content also means it could be used to brew alcohol. Authorities say inmates could use the paste to disguise contraband or to make alcohol behind bars. The product is also banned in Queensland, South Australia and Tasmania, while New South Wales permits it in its correctional centres.

McKechnie was found guilty of a stabbing murder in Queensland more than 30 years ago and sentenced to life in prison. He served part of that sentence in Queensland before being transferred to a Victorian prison about 10 years into it.

Vegemite's history and the Canada row

Vegemite was first developed in Melbourne in 1923 as an alternative to Britain's Marmite. Australians use it to flavour chocolate, pizza, cake mixes and ice cream, as well as traditional baked goods with a cross on top. The spread also became an international dispute in April 2025, when an Australian cafe owner in Canada was told to remove jars of it from his shelves for not complying with local health rules. Prime Minister Anthony Albanese intervened, calling it odd that Canada allowed sales of Marmite. The cafe owner was later allowed to continue selling the spread.