Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In these
regulations unless the context requires otherwise —
Act means the Poisons Act 1964 ;
animal includes bees, birds, cetaceans,
crustaceans, fish, molluscs and reptiles;
approved electronic prescribing system means a
system of electronic prescribing approved by the CEO under
regulation 32B;
approved needle and syringe programme means a
needle and syringe programme that has been approved by the CEO;
certificated commercial vessel means a fishing
vessel, passenger vessel or trading ship as defined in the
Western Australian Marine Act 1982 section 3(1);
child means a person under the age of
12 years;
coordinator , in relation to an approved needle
and syringe programme, means the person nominated in an application referred
to in regulation 12A to be the coordinator of that programme;
dermatologist means a person whose name is
contained in the register of specialist dermatologists kept by the Medical
Board of Australia under the Health Practitioner Regulation National Law
(Western Australia) section 223;
direction means regular and frequent supervision
but does not necessarily imply continuous personal supervision;
director of nursing means a registered nurse
appointed —
(a) to
be in charge of a hospital; or
(b) to a
remote area nursing post;
dispense , in relation to a medicine or a
poison —
(a)
means supply the medicine or poison on and in accordance with a prescription
duly given by a medical practitioner, a nurse practitioner, a dentist or a
veterinary surgeon; and
(b) in
relation to a drug of addiction, has a meaning affected by
regulation 42A;
distributor means a person who imports, sells or
otherwise supplies a poison;
dosage unit means an individual dose of a poison
and includes a tablet, capsule, cachet, single dose powder, or a single dose
sachet of powders or granules;
endorsed optometrist means a person registered
under the Health Practitioner Regulation National Law (Western Australia) in
the optometry profession whose registration is endorsed under section 94
of that Law;
experienced person means a person who for at least
5 years has been employed in the manufacture, handling or selling of
poisons;
external in relation to the use of a poison, means
application in the ears, eyes or nose, or to a body surface other than in the
mouth, rectum, vagina, urethra or other body orifice;
gynaecologist means a person whose name is
contained in the register of specialist obstetricians and gynaecologists kept
by the Medical Board of Australia under the Health Practitioner Regulation
National Law (Western Australia) section 223;
immediate container includes any form of container
in which a poison is directly packed, but does not include any such container
intended for consumption or any immediate wrapper;
immediate wrapper means metal foil, plastic foil,
waxed paper, or any other such material not intended for consumption, when
used as the first wrapper for a dosage unit or dressing;
manufacture includes the processes of packing and
repacking, refining manipulating and mixing any poison;
manufacturer means a person who manufactures,
produces, or packs a poison;
obstetrician means a person whose name is
contained in the register of specialist obstetricians and gynaecologists kept
by the Medical Board of Australia under the Health Practitioner Regulation
National Law (Western Australia) section 223;
optometrist means a person registered under the
Health Practitioner Regulation National Law (Western Australia) in the
optometry profession;
permit means a permit granted pursuant to the Act;
personal supervision means close and continuous
control requiring the actual presence of the person exercising the
supervision;
pharmacist’s licence means a licence to sell
or supply poison referred to in regulation 5;
pharmacy means a registered pharmacy as defined in
the Pharmacy Act 2010 section 3(1);
physician means a person whose name is contained
in the register of specialist physicians kept by the Medical Board of
Australia under the Health Practitioner Regulation National Law (Western
Australia) section 223;
poisons cupboard means a substantially made
cupboard provided with an effective locking device and, except in the case of
a cupboard used for the storage of a drug of addiction, having the word
“Poison” conspicuously painted on the outside of the cupboard;
prescribe , in relation to a drug of addiction,
has a meaning affected by regulation 42A;
psychiatrist means a person whose name is
contained in the register of specialist psychiatrists kept by the Medical
Board of Australia under the Health Practitioner Regulation National Law
(Western Australia) section 223;
public hospital means a public hospital as defined
in section 2(1) of the Hospitals and Health Services Act 1927 ;
qualified person means —
(a) a
medical practitioner, pharmacist, dentist, veterinary surgeon; or
(b) a
person who is the holder of a degree approved by the CEO conferred by a
University of the British Commonwealth; or
(c) a
person who is eligible to be —
(i)
a Fellow or Associate of the Royal Australian Chemical
Institute; or
(ii)
a Fellow, Associate or Licentiate of the Royal Institute
of Chemistry;
or
(d) any
other person approved of by the CEO;
quarter means any one of the 3 monthly periods of
any year ending on 31 March, 30 June, 30 September or
31 December;
racing yacht means a yacht participating in a race
departing from this State;
registered midwife means a person registered under
the Health Practitioner Regulation National Law (Western Australia) in the
nursing and midwifery profession whose name is entered on the Register of
Midwives kept under that Law;
registered nurse means a person registered under
the Health Practitioner Regulation National Law (Western Australia) in the
nursing and midwifery profession whose name is entered on Division 1 of
the Register of Nurses kept under that Law as a registered nurse;
remote area nursing post means a remote area site
designated as a remote area nursing post by the CEO under regulation 11;
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 has the meaning given in the Act;
supply includes distribute and sell but the
administration to a patient of any substance specified in any of the Schedules
to the Act by a medical practitioner, nurse practitioner or dentist, or by a
registered nurse or registered midwife when acting under the direction of a
medical practitioner, or the administration of any substance specified in any
of the Schedules to the Act to an animal under the direct personal supervision
or under the direction of a veterinary surgeon, shall not be deemed to be
supplying within the meaning of these regulations;
SUSMP has the meaning given in clause 1(1) of
Appendix A to the Act.
(2) A prescription is
issued electronically if it is issued under regulation 37(1A) or 51(1A).
[Regulation 2 amended in Gazette
23 Sep 1983 p. 3803; 29 Jun 1984 p. 1784;
28 Feb 1986 p. 618; 5 Dec 1986 p. 4467;
27 May 1988 p. 1769; 25 Aug 1989 p. 2842 (as
amended in Gazette 6 Oct 1989 p. 3738); 8 Jun 1990
p. 2626; 23 Nov 1990 p. 5791; 12 Apr 1991
p. 1608; 7 Aug 1992 p. 3868; 25 Jun 1993
p. 3078‑9; 26 May 1994 p. 2197;
24 Jun 1994 p. 2865; 2 Sep 1994 p. 4533;
23 Dec 1994 p. 7076; 28 Apr 1995 p. 1466
and 1466‑7; 5 Sep 1995 p. 4162;
19 Sep 1995 p. 4383; 19 Jan 1996 p. 267;
19 Mar 1996 p. 1216‑17; 11 Apr 1997
p. 1829; 27 Nov 1998 p. 6343; 12 Aug 2003
p. 3658; 15 Nov 2005 p. 5603; 15 Dec 2006
p. 5630; 7 Nov 2008 p. 4805; 12 Jun 2009
p. 2109; 26 Mar 2010 p. 1146; 27 Apr 2010
p. 1583; 1 Oct 2010 p. 5078 and 5079‑80;
22 Oct 2010 p. 5218; 19 Nov 2010 p. 5711;
1 Apr 2011 p. 1182‑3; amended by Act No. 9 of 2003
s. 41.]