Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Governor may
make regulations prescribing all matters that by this Act are required or
permitted to be prescribed, or that are necessary or convenient to be
prescribed, for carrying out or giving effect to this Act.
(1a) A regulation
under subsection (2)(q), (r), (s) or (sa) regarding nurse practitioners
may be made only on the recommendation of or after consultation with the CEO.
(2) Without limiting
the generality of the powers conferred by subsection (1), the Governor
may make regulations for or with respect to —
(a) the
possession, sale and safe custody of poisons including the specifications of
cupboards and other receptacles and the manner of storage of any poison;
(b) the
packages or containers in which any poison may be sold, and the design, shape,
size and materials of such packages or containers, and prohibiting the use of
such packages or containers to contain other substances;
(c) the
marking and labelling of, and particulars (including antidotes) to be included
in labels on or attached to, packages or containers that contain poisons;
(ca)
regulating the advertising or display of poisons;
(d)
prohibiting or regulating the possession, manufacture, distribution, supply,
sale, handling or use of any poisons either absolutely or except under such
circumstances or conditions as may be prescribed;
(da)
prohibiting or regulating the cultivation, possession, sale or purchase of any
prohibited plant either absolutely or subject to such conditions as may be
prescribed, and prescribing those conditions;
(e)
prescribing precautions to be taken in the manufacture, storage, handling or
use of any poisons;
(f) the
application for and the granting, issue, renewal, cancellation and suspension
of licences, permits and authorities under this Act;
(g)
prescribing the persons to whom and the circumstances and conditions in and
under which licences to sell by retail poisons included in Schedule 2, 3,
4 or 7 may be granted under section 24;
[(h) deleted]
(ha)
authorising the CEO by notice given to a person to revoke the authority
conferred on that person by section 23(2) or (4B) in relation to a poison
or medicine;
(hb)
authorising the CEO by notice given to a person to revoke the authority
conferred on that person by section 23(4) in relation to poisons included
in Schedule 6;
(hc)
allowing a notice referred to in paragraph (ha) or (hb) —
(i)
to revoke the authority either totally or subject to
specified conditions or restrictions; and
(ii)
to be made in respect of all or any specified drugs or
poisons to which the authority relates; and
(iii)
to be amended or revoked by a further notice;
(i)
prescribing conditions and restrictions to which licences
and permits under this Act shall be subject;
(j)
prescribing the form of, and the particulars to be recorded in, the book
required to be kept pursuant to section 31, and the procedure to be
followed in relation to the sale and recording of poisons;
(ja)
requiring persons engaged in the cultivation, sale, distribution or supply of
any prohibited plant, or the manufacture, sale, distribution or supply of any
poison, to keep such books, records or documents, and furnish such
information, relating to such prohibited plant or poison as the CEO may
require from time to time, and providing for production of those books,
records or documents and the furnishing in writing or otherwise of that
information to the CEO at such times and in such manner as he may direct;
[(k) deleted]
(l)
prescribing the precautions to be observed in respect to the sale of poisons
ordered by letter or by facsimile or other electronic means;
(m) the
inspection of premises, stocks, books, and documents relating to poisons and
prohibited plants;
(n)
prohibiting or regulating the sale of any poison by methods of self-service
other than any such methods prescribed;
(o)
providing for the forfeiture of any poison or prohibited plant unlawfully in
the possession of any person and for the disposal of any poison or prohibited
plant so forfeited;
(p)
specifying the persons or classes of persons authorised or entitled to
purchase, use or be in possession of any poison;
(q)
exempting from all or any of the provisions of this Act and the regulations,
substances containing any poison that by their nature are not capable of being
used in evasion of this Act and the regulations, or that are supplied or sold
by a pharmacist or in accordance with the prescription of a medical
practitioner, nurse practitioner authorised under section 23(2)(e),
dentist or veterinary surgeon for an individual and specific case;
(r)
authorising medical practitioners, and pharmacists dispensing medicines and
drugs at any public hospital or institution, or persons in charge of
laboratories for the purpose of research or instruction, nurse practitioners,
dentists, veterinary surgeons, and such other persons as to the CEO may seem
proper, to be in possession of any poison for the purposes of their respective
professions or employments, and prescribing the conditions and restrictions
upon and subject to which such authority may be given;
(s)
regulating the issue by medical practitioners, nurse practitioners, dentists
or veterinary surgeons of prescriptions containing any poison, the dispensing
of such prescriptions, and the supply of any such poisons thereunder;
(sa)
prohibiting and regulating the issue by medical practitioners, nurse
practitioners, dentists or veterinary surgeons of prescriptions containing any
drug of addiction or any specified drug, or any class of drug of addiction or
any class of specified drug, the dispensing of such prescriptions and the
supply of drugs of addiction or specified drugs thereunder;
(sb)
needle and syringe programmes including conditions and requirements relating
to the approval and conduct of such programmes;
(t)
prescribing the colouring of any poison;
(u)
providing for the disposal of automatic machines forfeited pursuant to the
provisions of this Act;
(v)
prescribing fees to be paid for the issue and renewal of
licences and permits under this Act;
(w)
prescribing forms to be used for the purposes of this Act;
(x)
prescribing a penalty of not more than $5 000 for
any contravention of or failure to comply with the regulations and a daily
penalty not exceeding $500 if the offence is a continuing offence;
(y) any
other matter or thing in any manner relating to poisons or prohibited plants;
(z) any
other purpose that the Governor deems necessary for safeguarding the public
and the public health in relation to poisons and prohibited plants.
(2a) Regulations may
be made under this section requiring any person who is licensed or otherwise
authorised under this Act to have in his possession, manufacture, supply or
sell any poison, drug of addiction or specified drug to —
(a)
retain any document, writing, prescription or authorisation or record thereof
relating to the sale or supply of any drug of addiction or specified drug;
(b)
maintain such records relating to the sale or supply of drugs of addiction or
specified drugs as may be prescribed;
(c)
deliver up any document, prescription, authorisation or record thereof
relating to the sale or supply of a drug of addiction or specified drug upon
request made by any authorised officer.
(2b) Regulations made
under subsection (2a) may be made so as to apply —
(a)
generally, or to a particular drug of addiction or particular specified drug
or to particular classes thereof;
(b)
generally, or to particular classes of persons,
and may make differing
provisions as regards classes of persons and classes of drugs of addiction or
specified drugs.
(3) Regulations made
under the provisions of this section are in addition to and not in derogation
of any regulations made under the Health Act 1911 , and under the
Misuse of Drugs Act 1981 , but where and to the extent that inconsistency
exists between the regulations made under this section and any regulations
made under the Health Act 1911 or the Misuse of Drugs Act 1981 , as
referred to in this subsection, the regulations made under this section shall
prevail.
[Section 64 amended by No. 23 of 1966
s. 17; No. 6 of 1969 s. 8; No. 43 of 1978 s. 7;
No. 57 of 1981 s. 21; No. 28 of 1984 s. 92; No. 12 of
1994 s. 9 and 10; No. 48 of 1995 s. 37 and 39; No. 9 of
2003 s. 39; No. 28 of 2006 s. 282; No. 35 of 2010
s. 134.]