Western Australian Current Acts Western Australian Current Acts
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Short title
2. Commencement
3. Terms used
4. Poisons
5. Strictly controlled substances
6. Term used: manufacture
7. Terms used: prescription and related terms
8. Term used: supply
9. Supply and possession of poisons by pharmacy business
10. Relationship with Misuse of Drugs Act 1981
11. Act applies to the State
PART 2 -- Offences
12. Terms used
13. Offences relating to manufacture and supply of Schedule 2 and Schedule 3 poisons
14. Offences relating to manufacture, supply, prescribing and possession of Schedule 4 and Schedule 8 poisons
15. Offences relating to manufacture and supply of Schedule 5 and Schedule 6 poisons
16. Offences relating to manufacture, supply, use and possession of Schedule 7 poisons
17. Offences relating to manufacture, supply, use and possession of Schedule 9 poisons
18. Offences relating to supply and use of strictly controlled substances
19. Use of poison obtained under permit
20. Unlawfully obtaining poison by wholesale
21. Fraudulent behaviour to obtain supply of poison
22. Storage, handling, transport and disposal of poisons
23. Record keeping and reporting
24. Vending machines
PART 3 -- Authorisation of health professionals
Division 1 -- Authorisation of health professionals
25. Authorisation of health professionals to administer, possess, prescribe, supply or use medicines
26. Authorisation of pharmacists to manufacture medicines or use or possess Schedule 7 poisons
27. Authorisation of employees and agents
Division 2 -- Conditions, suspension and cancellation
28. Grounds for taking action
29. CEO may impose conditions, suspend or cancel authority
30. Effect of conditions, suspension or cancellation
31. CEO may notify regulatory authority if action taken under this Division
32. Publishing notice of action taken under this Division
33. Review of decisions by State Administrative Tribunal
PART 4 -- Licences, permits and notices
Division 1 -- Licences and permits
34. Licences
35. Licences for Schedule 9 poisons
36. Permits
37. Permits for Schedule 9 poisons
Division 2 -- Licensing and permit procedure
38. Application for licence or permit or renewal of licence or permit
39. Further information
40. Timing of application for renewal of licence or permit
41. Grant or renewal of licence or permit to individual
42. Grant or renewal of licence or permit to partnership
43. Grant or renewal of licence or permit to body corporate
44. Notice of decision
45. Form of licence or permit
46. Duration of licence or permit
47. Licence or permit not transferable
48. Application to vary licence or permit
49. Variation of licence or permit
Division 3 -- Conditions on licences or permits
50. Regulations may prescribe conditions
51. CEO may impose conditions
52. Application to vary conditions
Division 4 -- Change of management or death of licensee or permit holder
53. Term used: change of management
54. Unauthorised change of management
55. Application for approval of proposed change of management
56. Grant or refusal of approval of proposed change of management
57. Application for approval after change of management occurs
58. Grant or refusal of approval of change of management
59. Death of individual licensee or permit holder
Division 5 -- Amendment, suspension or cancellation
60. Grounds for taking action
61. CEO may amend, suspend or cancel licence or permit
62. Publishing notice of action taken under this Division
Division 6 -- Review of licensing and permit decisions
63. Review of decisions
Division 7 -- General provisions
64. False or misleading information
65. Amendment to correct error
66. Licence or permit to be produced if amended
67. Replacement licence or permit
68. Certified copy of licence or permit
69. Production of licence or permit for inspection
70. Return of licence or permit
Division 8 -- Notices
71. Compliance notices
72. Schedule 7 notices
73. Review of decisions
PART 5 -- Register of licences, permits, notices and restricted professional authorities
74. Terms used
75. CEO to maintain register
76. Inspection of register
PART 6 -- Drugs of addiction
Division 1 -- Preliminary
77. Terms used
Division 2 -- Self-prescription
78. Self-prescription
79. Defence: emergency
Division 3 -- Drug dependent persons
80. Practitioner to inform CEO of drug dependent status of patient
81. CEO may include drug dependent person on drugs of addiction record
82. Recording and notification of drug dependent status
83. Supply or prescription of drugs of addiction to or for drug dependent persons
Division 4 -- Oversupplied persons
84. Practitioner to inform CEO of oversupplied status of client
85. CEO may include oversupplied person on drugs of addiction record
86. Recording and notification of oversupplied status
87. Supply or prescription of drugs of addiction to or for oversupplied persons
Division 5 -- Drugs of addiction record
88. Drugs of addiction record
89. Purposes for which drugs of addiction record is kept
90. Amending information in drugs of addiction record
91. CEO may authorise disclosure of information
Division 6 -- Review of decisions by State Administrative Tribunal
92. Review of decision to include person in drugs of addiction record
PART 7 -- Investigation and enforcement
Division 1 -- Preliminary
93. Terms used
94. This Part’s relationship with other laws
Division 2 -- Investigators
95. Designation of investigators
96. CEO has functions of investigator
97. Police have functions of investigator
98. Identity cards
99. Production and display of identity card
100. Limitation on powers of investigators
Division 3 -- Investigations
101. Investigations: purpose and procedure
102. Entry powers
103. Powers after entry for investigation
104. Obtaining information and documents
105. Use of force and assistance
106. Obstruction
107. Directions generally
108. Investigator may supply, obtain and possess poison
Division 4 -- Entry warrants
109. Warrant to enter place
110. Issue of entry warrant
111. Effect of entry warrant
112. Execution of entry warrant
Division 5 -- Seized things and forfeiture
113. Forfeiture on conviction
114. Disposal of seized and forfeited property
Division 6 -- Penalties and other orders
115. General penalties
116. Order as to costs of analysis
117. Court to notify CEO of conviction of licensee, permit holder or authorised health professional
Division 7 -- Liability of certain persons
118. Liability of officers for offence by body corporate
119. Liability of members of partnership for acts of other members of partnership
120. Liability of principal for acts of agent
121. Liability of employer for acts of employee
Division 8 -- Legal proceedings
122. Who may commence proceedings
123. Time limit for prosecutions
Division 9 -- Evidentiary matters
124. Terms used
125. Application of Division
126. Evidence of various matters
127. Evidence of purpose or intent
128. Evidence in relation to documents
129. Evidence of analysis of substance
130. Presumptions arising from labels
PART 8 -- Regulations
131. General power to make regulations
132. Regulations may adopt codes
PART 9 -- Miscellaneous
133. Protection from liability for wrongdoing
134. Information officially obtained to be confidential
135. Review of Act
PART 10 -- Repeals and transitional provisions
Division 1 -- General
136. Interpretation Act 1984 not affected
Division 2 -- Repeals
137. Poisons Act 1964 repealed
138. White Phosphorus Matches Prohibition Act 1912 repealed
139. Regulations repealed
Division 3 -- Saving and transitional matters
Subdivision 1 -- Poisons Act 1964
140. Terms used
141. Continuation of licences and permits
142. Existing applications for licences or permits
143. Continuation of notices given to health professionals
144. Continuation of notices in relation to Schedule 6 poisons
145. Continuation of notices in relation to Schedule 7 poisons
146. Transitional regulations
Subdivision 2 -- Drugs of Addiction Notification Regulations 1980
147. Transfer of information from former register to drugs of addiction record
PART 11 -- Consequential amendments
Division 1 -- Health (Miscellaneous Provisions) Act 1911 amended
148. Act amended
149. Section 3 amended
150. Section 5 amended
151. Part VIIA heading replaced
PART VIIA -- Pesticides
152. Part VIIA Division 1 heading replaced
Division 1 -- Registration of analysts
153. Section 202 deleted
154. Part VIIA Divisions 5, 6 and 7 deleted
155. Section 246A amended
156. Part VIIA Division 9 deleted
158. Section 377 amended
159. Schedule 5 amended
Division 2 -- Health Professionals (Special Events Exemption) Act 2000 amended
160. Act amended
161. Section 3 amended
162. Section 8 amended
163. Section 9 replaced
9. Supply of medicines 102
164. Section 11 amended
Division 3 -- Misuse of Drugs Act 1981 amended
165. Act amended
166. Section 3 amended
167. Section 3B inserted
3B. Specified drugs 106
168. Section 4 amended
169. Section 5B inserted
5B. Authorisation under Medicines and Poisons Act 2014 107
170. Section 5 amended
171. Sections 6 and 7 replaced
6. Offences concerned with prohibited drugs generally 110
7. Offences concerned with prohibited plants generally 111
172. Section 7B amended
173. Section 8 deleted
174. Section 14 amended
175. Section 27 amended
176. Section 38D amended
177. Section 41 amended
178. Schedule I heading amended
Medicines and Poisons Act 2014
179. Schedule II heading replaced
Schedule II -- Plants to which this Act applies
180. Schedule III amended 115
181. Schedule V amended
Division 4 -- Other Acts amended
182. Biosecurity and Agriculture Management Act 2007 amended
183. Constitution Acts Amendment Act 1899 amended
184. Emergency Management Act 2005 amended
76A. Manufacture, supply and prescription of poisons 119
185. Fair Trading Act 2010 amended
186. Pharmacy Act 2010 amended
51A. Requirement to notify recording of information on register 121
187. Police (Medical and Other Expenses for Former Officers) Act 2008 amended
188. Road Traffic Act 1974 amended
189. Tobacco Products Control Act 2006 amended
190. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended
191. Workers’ Compensation and Injury Management Act 1981 amended
Uncommenced provisions table
Defined terms
An Act —
• to
regulate and control the manufacture and supply of medicines and poisons;
and
• to repeal the Poisons Act 1964, the White
Phosphorus Matches Prohibition Act 1912 and various regulations;
and
• to amend the Health (Miscellaneous Provisions) Act
1911, Misuse of Drugs Act 1981 and various other written laws
and,
for incidental and related purposes.
[Long title amended: No. 19 of 2016 s. 170.]