Western Australian Consolidated Acts Western Australian Consolidated Acts (1) In this Act unless
the context requires otherwise —
Advisory Committee means the Poisons Advisory
Committee constituted under Part II;
authorised officer means —
(a) an
environmental health officer; or
(b) a
police officer; or
(c) a
person declared under section 52A to be an authorised officer;
automatic machine means any machine or mechanical
device used or capable of being used for the purpose of selling or supplying
goods without the personal manipulation or attention of the seller or supplier
or his employee or other agent at the time of the sale or supply;
bloodborne infectious disease means Human
Immunodeficiency Virus (HIV) infection, Hepatitis B, Hepatitis C or any other
infectious disease that is carried in the blood;
CEO has the meaning given by section 3 of the
Health Legislation Administration Act 1984 ;
container , in relation to a thing, means any
bottle, vessel, tube, sachet, ampoule, syringe, vial, or other receptacle in
which the thing is contained;
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;
department means the department of the Public
Service of the State principally assisting the Minister in the administration
of this Act;
document includes any tape, disc or other device
or medium on which information is recorded or stored mechanically,
photographically, electronically or otherwise;
drug of addiction means any substance included in
Schedule 8 or 9;
endorsed health practitioner , in relation to a
scheduled medicine or class of scheduled medicine, means a health practitioner
who is registered under the Health Practitioner Regulation National Law
(Western Australia) to practise a health profession and whose registration is
endorsed to administer, obtain, possess, prescribe, sell, supply or use the
scheduled medicine or class of scheduled medicine;
environmental health officer means an
environmental health officer referred to in the Health Act 1911 ;
internal use means administration —
(a)
orally, except for topical effect in the mouth; or
(b) for
absorption and the production of a systemic effect —
(i)
by way of a body orifice other than the mouth; or
(ii)
parenterally, other than by application to unbroken skin;
label includes any tag, brand, mark or statement
in writing, that is on or attached to or used in connection with any container
or package containing any poison; and labelled has a corresponding meaning;
licence means a licence granted under this Act
that is valid and unexpired;
licensee means a person who holds or is entitled
to exercise a licence under this Act;
medical practitioner means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the medical profession;
medicine means a substance included in
Schedule 2, 3, 4 or 8;
member means a person occupying any of the offices
of the Advisory Committee, including that of chairman;
needle and syringe programme means a programme to
do one or more of the following —
(a) to
supply persons with sterile hypodermic syringes or sterile hypodermic needles;
or
(b) to
facilitate the safe disposal of used hypodermic syringes or used hypodermic
needles; or
(c) to
advise, counsel or disseminate information to persons,
principally for the purpose of preventing the
spread of bloodborne infectious diseases;
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 a being qualified
to practise as a nurse practitioner;
package , in relation to a thing, means any box,
wrapper, strip pack, blister pack or other thing in which the thing is wrapped
or packaged;
pharmacist means a person registered under the
Health Practitioner Regulation National Law (Western Australia) in the
pharmacy profession;
poison means any substance included in a Schedule;
prohibited plant means any plant from which a drug
of addiction may be obtained, derived or manufactured, or such other plant as
the Governor declares and is hereby authorised to declare from time to time to
be a prohibited plant for the purposes of this Act; and includes any part of
such a plant, except in the case of the plant Papaver somniferum, the
non-viable seed of that plant;
sale includes exposing or offering for sale or
having in possession for sale, whether by wholesale or retail, and also
delivery with or without consideration, in any shop or store or premises
appurtenant thereto by the keeper thereof or by his servant or agent; and the
verb to sell has a corresponding meaning;
Schedule means a Schedule in Appendix A;
specified , in relation to a regulation, order,
notice or other instrument, means specified in the regulation, order, notice
or other instrument (as the case may be);
specified drug means any substance that is
declared to be a specified drug for the purposes of this Act;
standard includes a code or other document;
substance includes substance, material, compound,
preparation, and admixture;
veterinary surgeon means a registered veterinary
surgeon under the provisions of the Veterinary Surgeons Act 1960 ;
wholesale dealing means sale or supply by a
wholesale dealer in the ordinary course of wholesale business to persons
licensed or otherwise expressly authorised by or pursuant to the provisions of
this or any other Act, to be in possession of or to sell poisons; and includes
sale or supply to other persons in wholesale quantities in the ordinary course
of wholesale business for use in connection with any prescribed profession,
business, trade or industry or any public institution but not for resale;
wholesale supplier , in relation to a poison,
means a person who engages in wholesale dealing in respect of that poison.
(2) If this Act
provides for any person or thing to be specified, declared, authorised or
approved, the person or thing may be specified, declared, authorised or
approved —
(a)
individually; or
(b) by
referring to a class or classes of persons or things.
[Section 5 amended by No. 23 of 1966
s. 2; No. 6 of 1969 s. 3; No. 28 of 1984 s. 90;
No. 12 of 1994 s. 4; No. 48 of 1995 s. 5; No. 9 of
2003 s. 35; No. 28 of 2006 s. 280; No. 50 of 2006
Sch. 3 cl. 17(2); No. 22 of 2008 Sch. 3
cl. 46(2); No. 35 of 2010 s. 124.]