(1) This Part does not
apply to any of the following —
(a)
either —
(i)
a medicine or a Schedule 9 poison as those terms are
defined in the Medicines and Poisons Act 2014 section 3; or
(ii)
if the Medicines and Poisons Act 2014 section 137 has not
commenced — a medicine as defined in the Poisons Act 1964 section 5(1)
or included in Schedule 9 under the Poisons Act 1964 1 ;
(b) a
therapeutic good included in the Register as defined in the
Therapeutic Goods Act 1989 (Commonwealth) section 3(1) or that is exempted
from the operation of Part 3-2 of that Act by regulations made under
section 18 of that Act;
(c) a
tobacco product as defined in the Tobacco Products Control Act 2006 Glossary;
(d) a
substance referred to in paragraph (a) or (b) of the definition of liquor in
the Liquor Control Act 1988 section 3(1);
(e) a
food as defined in the Food Act 2008 section 8;
(f) a
substance that is a chemical product as defined in the Agvet Code of Western
Australia if —
(i)
the active constituents for the chemical product are
approved under the Agvet Code of Western Australia Part 2; or
(ii)
the chemical product is registered under the Agvet Code
of Western Australia Part 2;
(g) a
plant or fungus, or an extract from a plant or fungus;
(h) a
substance of a class prescribed by the regulations.
(2) Despite subsection
(1), this Part applies to a substance listed in subsection (1) if the
substance contains, or has added to it, a substance that is not listed in
subsection (1).
[Section 8O inserted: No. 29 of 2015 s. 4.]