Western Australian Current Acts Western Australian Current Acts (1) In this Act,
unless the contrary intention appears —
adult means a person who has reached 18 years of
age;
analyst means analyst registered under section 203
of the Health (Miscellaneous Provisions) Act 1911 ;
approved analyst means —
(a) a
person declared under section 3A to be an approved analyst; or
(b) a
person belonging to a class prescribed for the purposes of this definition;
approved botanist means a botanist declared under
section 3A to be an approved botanist;
authorised prescription means a prescription
issued by a prescriber as those terms are defined in the
Medicines and Poisons Act 2014 section 7(1);
Border Search Area ( BSA ) has the meaning given
in section 20N(1);
botanist means a person who —
(a)
holds a science degree in, or to a major extent in, botany awarded by —
(i)
a university in Australia; or
(ii)
a prescribed university;
and
(b) has
had not less than 2 years practical experience in plant taxonomy;
cannabis means plant of the genus Cannabis (by
whatever name designated) or part of that plant;
cannabis resin means separated resin, whether
crude or purified, obtained from cannabis;
category 1 item has the meaning given in
section 12;
category 2 item has the meaning given in
section 12;
child means a person who is under 18 years of age;
Commissioner means the Commissioner of Police
appointed under the Police Act 1892 ;
controlled precursor means a category 1 item or a
category 2 item;
dangerous substance means a substance (other than
a prohibited drug or prohibited plant) that is noxious or volatile;
drug detection device means an electronic device,
or a system that uses or involves an electronic device, of a type approved by
the Commissioner for the purpose of detecting the presence of any of the
following —
(a) a
prohibited drug;
(b) a
prohibited plant;
(c) a
controlled precursor;
drug detection dog means a dog trained to detect
the presence of any of the following —
(a) a
prohibited drug;
(b) a
prohibited plant;
(c) a
controlled precursor;
drug of addiction means —
(a) a
Schedule 8 poison as defined in the Medicines and Poisons Act 2014 section 3;
or
(b) a
Schedule 9 poison as defined in the Medicines and Poisons Act 2014 section 3;
heroin means the drug commonly known as heroin and
includes any substance containing diacetylmorphine or its salts and any
preparation, admixture or extract containing diacetylmorphine or any such
salt;
industrial hemp has the meaning given to that term
in section 3(1) of the Industrial Hemp Act 2004 ;
industrial hemp seed has the meaning given to that
term in section 3(1) of the Industrial Hemp Act 2004 ;
medical practitioner means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the medical profession;
methylamphetamine means the prohibited drug
referred to in Schedule VII item 8;
opium means spontaneously coagulated juice
obtained from the capsules of the opium poppy Papaver somniferum ;
preliminary drug detection test means —
(a)
leading or otherwise placing a drug detection dog in the vicinity of a person
or property; or
(b)
using a drug detection device in relation to a person or property;
processed industrial hemp means any product made
from industrial hemp or industrial hemp seed that —
(a) does
not contain more than 1% of tetrahydrocannabinol; and
(b) does
not contain viable whole cannabis seed; and
(c) is
not manufactured in a form to be inhaled;
prohibited drug means drug to which this Act
applies by virtue of section 4;
prohibited plant means plant to which this Act
applies by virtue of section 4, or part of that plant;
sample , in relation to any thing, means a sample
of the thing taken by an approved analyst or an approved botanist under
section 26A(a);
simple offence means simple offence under this
Act;
specified drug means a substance that is
prescribed to be a specified drug by regulations made under section 3B;
summary court means court of summary jurisdiction
constituted by a magistrate sitting alone;
to cultivate , in relation to a prohibited plant,
includes to grow, sow or scatter the seed produced by, or to plant, nurture,
tend or harvest, the prohibited plant;
to possess includes to control or have dominion
over, and to have the order or disposition of, and inflections and derivatives
of the verb “to possess” have correlative meanings;
to supply includes to deliver, dispense,
distribute, forward, furnish, make available, provide, return or send, and it
does not matter that something is supplied on behalf of another or on whose
behalf it is supplied;
undercover officer means a participant or a
corresponding participant as those terms are defined in the
Criminal Investigation (Covert Powers) Act 2012 section 5;
undercover operation means an authorised operation
or corresponding authorised operation as those terms are defined in the
Criminal Investigation (Covert Powers) Act 2012 section 5;
vehicle includes aircraft, hovercraft, vessel and
any other means of transportation.
(2) In the case of
liquid preparations, percentages shall, unless other provision in that behalf
is made by the regulations, be calculated on the basis that a preparation
containing 1% of a substance means a preparation in which one gram of the
substance, if a solid, or one ml of the substance, if a liquid, is contained
in every 100 ml of the preparation, and so in proportion for any greater or
lesser percentage.
[Section 3 amended: No. 50 of 1990 s. 7; No. 20 of
1991 s. 57; No. 32 of 1994 s. 3(2); No. 44 of 1995 s. 4; No. 3 of 1998 s. 3;
No. 9 of 2003 s. 28; No. 1 of 2004 s. 50; No. 4 of 2004 s. 58; No. 59 of 2004
s. 141; No. 62 of 2004 s. 4; No. 50 of 2006 Sch. 3 cl. 15; No. 22 of 2008 Sch.
3 cl. 37; No. 42 of 2009 s. 21; No. 35 of 2010 s. 118; No. 45 of 2010 s. 5;
No. 56 of 2011 s. 4; No. 55 of 2012 s. 118; No. 13 of 2014 s. 166; No. 19 of
2016 s. 101; No. 47 of 2016 s. 4; No. 3 of 2017 s. 4; No. 15 of 2018 s. 6; No.
16 of 2023 s. 4.]