Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 8O

8O .         Application of this Part to particular substances

        (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.]



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