Western Australian Consolidated Acts Western Australian Consolidated 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 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 document or
prescription —
(a)
referred to in section 23(2)(d) of; and
(b)
complying with, the Poisons Act 1964 ;
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;
child means a person who is under 18 years of
age;
Commissioner means the Commissioner of Police
appointed under the Police Act 1892 ;
dangerous substance means a substance (other than
a prohibited drug or prohibited plant) that is noxious or volatile;
dentist means a person registered under the Health
Practitioner Regulation National Law (Western Australia) in the dental
profession whose name is entered on the Dentists Division of the Register of
Dental Practitioners kept under that Law;
drug of addiction means drug of addiction as
defined by section 5 of the Poisons Act 1964 ;
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;
nurse practitioner means a person registered under
the Health Practitioner Regulation National Law (Western Australia) whose name
is entered on the Register of Nurses kept under that Law as being qualified to
practise as a nurse practitioner;
opium means spontaneously coagulated juice
obtained from the capsules of the opium poppy Papaver somniferum ;
Poisons Act 1964 includes any regulations
made and in force under that Act;
processed industrial hemp means any product made
from industrial hemp or industrial hemp seed that —
(a) does
not contain more than 0.35% 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;
regulations means the regulations made and in
force under this Act;
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 specified drug as defined by
section 5 of the Poisons Act 1964 ;
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;
veterinary surgeon means registered veterinary
surgeon as defined by section 2 of the Veterinary Surgeons Act 1960
.
(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 by 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.]