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The
Poisons Act, 1919
&
Poisons
Act 1964
THE POISONS
ACT, 1919
ACT NO. 12 of 1919
1. Short title and extent.
(1) This Act may be
called the Poisons Act, 1919.
(2) It extends to the
whole of
2. Power of the State Government to regulate possession for
sale and sale of any poison.
(1) The State Government may
by rule regulate within the whole or any part of the territories under its
administration the possession for sale and the sale, whether wholesale or
retail, of any specified poison.
(2) In particular, and
without prejudice to the generality of the foregoing power, such rules may
provide for-
(a) the grant of
licences to possess any specified poison for sale, wholesale or retail, and
fixing of the fee (if any) to be charged for such licences;
(b) the classes of
persons to whom alone such licences may be granted;
(c) the classes of
persons to whom alone any such poison may be sold;
(d) the maximum quantity
of any such poison which may be sold to any one person;
(e) the maintenance by
vendors of any such poison of registers of sales, the particulars to be
entered in such registers, and the inspection of the same;
(f) the safe custody of
such poisons and the labelling of the vessels, packages or coverings in which
any such poison is sold or possessed for sale; and
(g) the inspection and
examination of any such poison when possessed for sale by any such vendor.
3. Power to prohibit importation into
The Central Government may,
by notification in the Official Gazette, prohibit, except under and in
accordance with the conditions of a licence, the importation into
4. Power to regulate possession of any poison in certain areas.
(1) The State Government
may by rule regulate the possession of any specified poison in any local area
in which the use of such poison for the purpose of committing murder or
mischief by poisoning cattle appears to it to be of such frequent occurrence
as to render restrictions on the possession thereof desirable.
(2) In making any rule
under sub- section (1), the State Government may direct that any breach
thereof shall be punishable with imprisonment for a term which may extend to
one year, or with fine which may extend to one thousand rupees, or with both,
together with confiscation of the poison in respect of which the breach has
been committed, and of the vessels, packages or coverings in which the same
is found.
5. Presumption as to specified poisons.
Any substance specified as a
poison in a rule made or notification issued under this Act shall be deemed
to be a poison for the purposes of this Act.
6. Penalty for unlawful importation, etc.
(1)Whoever--
(a)commits a breach of any
rule made under section 2, or
(b) imports without a
licence into India across a customs frontier defined by the Central
Government any poison the importation of which is for the time being
restricted under section 3, or
(c) breaks any condition
of a licence for the importation of any poison granted to him under section
3, shall be punishable,--
(i) on a first
conviction, with imprisonment for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with both, and
(ii) on a second or subsequent
conviction, with imprisonment for a term which may extend to six months, or
with fine which may extend to one thousand rupees, or with both.
(2) Any poison in
respect of which an offence has been committed under this section, together
with the vessels, packages or coverings in which the same is found, shall be
liable to confiscation.
7. Power to issue search warrants.
(1) the District
Magistrate, the Sub- divisional- magistrate and, in a presidency- town, the
Commissioner of Police, may issue a warrant for the search of any place in
which he has reason to believe or the suspect that any poison is possessed or
sold in contravention of this suspect that any poison is possessed or sold in
contravention of this Act or any rule thereunder, or that any poison liable
to confiscation under this Act is kept or concealed.
(2) The person to whom
the warrant is directed may enter and search the place in accordance
therewith, and the provisions of the Code of Criminal Procedure, 1898 (5 of
1898), relating to search- warrants shall, as far as may be, be deemed to
apply to the execution of the warrant.
8. Rules.
(1) In addition to any
other power to make rules hereinbefore conferred the State Government may make rules
generally to carry out the purposes and objects of this Act except section 3.
(2) Every power to make
rules conferred by this Act shall be subject to the condition of the rules
being made after previous publication.
(3) All rules made by
the Central Government or by the State Government under this Act shall be
published in the Official Gazette and on such publication shall have effect
as if enacted in this Act.
(4) Every rule made by the
Central Government under this Act shall be laid, as soon as may be after it
is made, before each House of Parliament, while it is in session, for a total
period of thirty days which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree
in making any modification in the rule or both Houses agree that the rule
should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
(5) Every rule made by the
State Government under this Act shall be laid, as soon as may be after it is
made, before the State Legislature.]
9. Savings.
(1) Nothing in this Act
or in any licence granted or rule made thereunder shall extend to, or
interfere with, anything done in good faith in the exercise of his profession
as such by a medical or veterinary practitioner.
(2) Notwithstanding
anything hereinbefore contained, the State Government may by general or
special order declare that all or any of the provisions of this Act except
section shall be deemed not to apply
to any article or class of articles of commerce specified in such order, or
to any poison or class of poisons used for any purpose so specified.
(3) The authority on
which any power to make rules under this Act is conferred may, by general or
special order, either wholly or partially--
(a) exempt from the
operation of any such rules, or
(b) exclude from the
scope of the exemption provided by sub- section (1), any person or class of
persons either generally or in respect of any poisons specified in the order.
Poisons Act 1964
CONTENTS
Part
I — Introductory provisions
1.
Short title
2.
Commencement
5.
Interpretation
6.
Construction
6A.
Crown bound
7.
Administration
7A.
Application: industrial hemp, industrial hemp seed and processed industrial
hemp
Part
II — Poisons Advisory Committee
8.
Constitution of Poisons Advisory Committee
9.
Procedure on default of nomination
10.
Term of office of nominee member
11.
Vacation of office
12.
Dismissal of members
13.
Leave of absence
14.
Deputies of members
15.
Acceptance of office
16.
Remuneration of members
17.
Meetings of Advisory Committee
18.
Officers of Advisory Committee
19.
Functions of Advisory Committee
Part
III — Poisons and other substances
Division
1 — Classification
20.
Declaration of poisons
20A.
How poisons may be identified in Schedules
21.
Amendment of Appendix A
21A.
Exemption of substances from Act
22.
22A.
Specified drugs
Division
2 —
23.
Persons authorised to sell poisons
24.
Licences to sell poisons
25.
Permits to purchase poisons for specified purposes
26.
Form of licences and permits
26A.
Conditions
26B.
Duration of licences and permits
27.
Fees for licences, permits and renewals
28.
Commissioner of Health may cancel, suspend or revoke licence or permit
29.
Appeal against order of Commissioner of Health
30.
Licence not to be granted to company or friendly society
Division
3 — General provisions
31.
Sales of poison to be recorded in a book
32.
Unauthorised sales of poisons
33.
Wholesaler not to sell by retail
34.
Sales to certain persons prohibited
35.
Making false declarations
36.
Drugs not to be used for self administration
36A.
Defence for persons participating in the conduct of needle and syringe
programmes
40.
Offences against this Part
Part
IV — Drugs of addiction
41.
Use of Schedule 9 poisons for research etc.
41A.
Licence to cultivate prohibited plants
44.
Offences generally against this Part
45.
Interpretation of “corresponding law”
Part
V — Miscellaneous provisions
46.
Containers of poisons to be marked or labelled
47.
Medicines for internal use not to be sold in certain packages or containers
48.
Prohibition against hawking, etc.
49.
Prohibition against selling by automatic machines
50.
Leaving poisons unlabelled an offence
Part
VI — Supplementary provisions
52.
Orders in Council may be cancelled or amended
52A.
Minister may declare a person to be an authorized officer
53.
Apprehension of offenders
54.
Routine inspection
55.
Powers in respect of premises, vehicles or vessels if offence suspected of
being committed
55A.
Warrants
55B.
Person not to hinder or obstruct authorised officer
55C.
Sections 54 to 55A do not derogate from the Misuse of Drugs Act 1981
55D.
Order for forfeiture
55E.
Powers to quarantine or destroy poisons in certain circumstances
56.
Sales by employees, etc.
57.
Persons deemed to have sold poisons
58.
Evidence on prosecutions
59.
Publication of list of licensed persons
60.
Proof of certificate of analysts
61.
Evidence of qualifications
61A.
Evidence of approval
61B.
Evidence of contents of standard
62.
General penalty
63.
Protection from liability
64.
Regulations
64A.
Regulations may adopt standards
64B.
Copies of standards to be kept and made available to public
Schedule
1
Schedule
2
Schedule
3
Schedule
4
Schedule
5
Schedule
6
Schedule
7
Schedule
8
Schedule
9
Appendix
B
Conventions
Notes
Compilation
table
Provisions
that have not come into operation
An
Act to regulate and control the possession, sale and use of poisons and other
substances; to constitute a Poisons Advisory Committee; and for incidental
and other purposes.
Part I —
Introductory provisions
1.
Short title
This
Act may be cited as the Poisons Act 1964 1.
2.
Commencement
This
Act shall come into operation on a date to be fixed by
proclamation
1.
[3.
Repealed by No. 10 of 1998 s. 76.]
[4.
Repealed by No. 48 of 1995 s. 4.]
5.
Interpretation
(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;
(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;
“Commissioner
of Health” means
the Commissioner of Health referred to in 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 dentist registered under the provisions of the Dental Act 1939;
“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;
“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 medical practitioner registered under the Medical Act 1894, or any
previous corresponding enactment;
“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;
(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” has
the meaning given by the Nurses Act 1992;
“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;
“pharmaceutical
chemist” means
a pharmaceutical chemist registered under the provisions of the Pharmacy
Act 1964; or any previous corresponding enactment;
“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.]
6.
Construction
(1)
Except as otherwise expressly provided, this Act shall be read and construed
as being in aid and not in derogation of the provisions of the Health Act
1911, and of the Misuse of Drugs Act 1981, but those
provisions shall be read and construed subject to the express provisions of
this Act and where there is any inconsistency between those provisions and
the provisions of this Act, the latter provisions shall prevail.
(2)
Any reference in any other Act, or in any regulation, rule, local law or
by-law made under any other Act, to any narcotic drug to which the Misuse
of Drugs Act 1981 applies shall be deemed and be taken to be a reference
to any drug of addiction or specified drug within the meaning of this Act. [Section
6 amended by No. 57 of 1981 s. 14; No. 14 of 1996 s. 4.]
6A.
Crown bound
This
Act binds the Crown. [Section 6A inserted by No. 48 of 1995 s. 6.]
7.
Administration
(1)
Subject to the Minister and the provisions of this Act, the Commissioner of
Health shall be responsible for the administration of this Act.
(2)
The cost of the administration of this Act shall be paid out of moneys
appropriated by Parliament for the purpose. [Section 7 amended by No. 28
of 1984 s. 92; No. 12 of 1994 s. 10.]
7A.
Application: industrial hemp, industrial hemp seed and processed industrial
hemp
This
Act does not apply to —
(a)
industrial hemp or industrial hemp seed as defined in section 3(1) of the Industrial
Hemp Act 2004; or
(b)
processed industrial hemp as defined in section 3(1) of the Misuse of
Drugs Act 1981.
[Section
7A inserted by No. 1 of 2004 s. 55(2).]
Part
II — Poisons Advisory Committee
8.
Constitution of Poisons Advisory Committee
(1)
For the purposes of this Act an Advisory Committee consisting of 12 members
and having the functions prescribed by this Act is constituted under the name
of the “Poisons Advisory Committee”.
(2)
The 12 members of the Advisory Committee shall be comprised of 2 ex
officio members and 10 nominee members, and of those members —
(a)
the Commissioner of Health shall be an ex officio member and may
nominate a medical practitioner employed in the department to act in
his or her place; (aa) the Director of the Chemistry Centre (WA) shall
be an ex officio member and may nominate an analyst from the Chemistry
Centre (WA) to act in his or her place; and (b) the nominee members
shall be 10 persons appointed by the Governor for terms of tenure of
office in accordance with the provisions of section 10.
(3)
Of the 10 nominee members referred to in subsection (2)(b) — (a) one shall be
a pharmacologist nominated by the Senate of the
(b)
one shall be a medical practitioner employed in the Public Service of the
State who has specialist qualifications in occupational health and is
nominated by the Minister;
(c)
2 shall be medical practitioners, one of whom is a specialist physician,
nominated by the body known as The Western Australian Branch of the
Australian Medical Association (Incorporated);
(d)
one shall be an officer of the Department of Agriculture, nominated by the
Minister for Agriculture 2;
(e) 2 shall be persons, one of whom shall
represent the wholesale dealers within the State engaged in wholesale dealing,
nominated by the body known as the Chamber of Commerce and Industry of
Western Australia (Inc);
(f)
one shall be a veterinary surgeon nominated by the body known as the
Veterinary Surgeons’ Board constituted under the Veterinary Surgeons Act
1960;
(g)
one shall be a person nominated by the body known as The Council of the
Pharmaceutical Society of Western Australia; and
(h)
one shall be a person nominated by the body known as the Pharmacy Guild of
Australia (Western Australian Branch).
(4)
The Commissioner of Health, or the medical practitioner nominated pursuant to
subsection (2)(a) if one be so nominated, shall be the Chairman of the
Advisory Committee.
[Section
8 amended by No. 63 of 1981 s. 4; No. 28 of 1984 s. 91; No. 12 of 1994 s. 5;
No. 48 of 1995 s. 7.]
9.
Procedure on default of nomination
The
Minister shall, as the occasion requires, by notice in writing to the
registrar or secretary of any body referred to in subsection (3) of section
8, require that body to submit the name of its nominee as provided in that
subsection within a period of 42 days after receipt by the registrar or
secretary of such notice, and if upon the expiration of that period, or such
extension thereof as the Minister thinks fit and is hereby authorised to grant,
he has not received the required name of the nominee, the Minister shall nominate
such person to be a nominee member of the Advisory Committee as, having
regard to the category in respect of which a person was required to be
nominated, he thinks fit.
10.
Term of office of nominee member
(1)
Subject to subsection (2) the term of tenure of office of a nominee member
expires by effluxion of time on the expiration of a period of 3 years
commencing on the date of his appointment by the Governor.
(2)
The respective terms of tenure of office of the persons first appointed to
office of nominee member expire by effluxion of time —
(a)
in the case of the 4 nominee members referred to in paragraphs (a), (b) and
(c) of subsection (3) of section 8, at the expiration of one year;
(b)
in the case of the 3 nominee members referred to in paragraphs (d) and (e) of
that subsection, at the expiration of 2 years; and
(c)
in the case of the 3 nominee members referred to in paragraphs (f), (g) and
(h) of that subsection, at the expiration of 3 years, commencing on the date
of his appointment by the Governor to that office.
(3)
The term of tenure of an ex officio member continues until the member
ceases to occupy the office by virtue of which he is an ex officio member
or until terminated by the Minister.
(4)
A person is not rendered ineligible for appointment to the office of member
or deputy member because he has previously occupied office as such, unless
his appointment has beenterminated under the provisions of section 12.
(5)
A nominee member or the deputy of any member may resign his office of member
or deputy member if he sends to the Minister written notice under his hand of
his resignation and the Minister accepts such resignation.
11.
Vacation of office
(1)
The office of a member becomes vacant if —
(a)
he becomes bankrupt, applies to take the benefit of any law for the relief of
bankrupt or insolvent debtors, or compounds with his creditors;
(b) he is absent, except on leave granted by
the Minister, from 3 consecutive meetings of the Advisory Committee;
(c)
he becomes permanently incapable of performing his duties;
(d)
he resigns his office in accordance with the provisions of this Act;
(e)
he dies;
(f)
the term of his tenure of office expires by effluxion of time;
(g)
in the case of an ex officio member, the term of tenure is terminated
pursuant to section 10(3); or
(h)
he is convicted of an indictable offence.
(2)
On the occurrence of any vacancy in an office of member, a person eligible to
be appointed to that office under the provisions of this Part shall in
accordance with those provisions be appointed by the Governor to fill the
vacancy, and a person so appointed holds office, subject to those provisions,
for the remainder of the term of office of the person in whose place he is
appointed.
(3)
The performance or exercise of the functions, powers, duties or liabilities
of the Advisory Committee is not affected by reasons only of there being a
vacancy in the office of a member.
12.
Dismissal of members
The
Governor may terminate the appointment of a member of the Advisory Committee
for inability, inefficiency or misbehaviour.
13.
Leave of absence
The
Minister may grant leave of absence to a member of the Advisory Committee
upon such terms as to remuneration or otherwise as the Governor from time to
time determines.
14.
Deputies of members
(1)
The Governor may in respect of any member of the Advisory Committee, appoint
a person to be the deputy of that member to
act
in his office during his absence, and the provisions of section 8(3) and of
section 9 apply as well to the nomination and appointment of deputies of
nominee members as to the nomination and appointment of the nominee members.
(2)
Any person so appointed is entitled, in the absence from a meeting of the
Advisory Committee of the member for whom he is the deputy, to attend that
meeting, and when so attending shall be deemed to be a member and is
authorised to carry out any function that the member of whom he is the deputy
could, if present, exercise under this Act.
15.
Acceptance of office
Acceptance
of or acting in the office of member or deputy member of the Advisory
Committee by any person shall not of itself render the provisions of Part 3
of the Public Sector Management Act 1994, or any other Act
applying to persons as officers of the public service of the State,
applicable to that member or deputy member, or affect or prejudice the application
to him of those provisions if they applied to him at the time of the
acceptance of or acting in such office.
[Section
15 amended by No. 32 of 1994 s. 3(2).]
16.
Remuneration of members
The
members of the Advisory Committee and their deputies, other than those
members and deputies who are officers in the public service of the State, are
entitled, in respect of their attendances at meetings and carrying out their
functions under this Act, to such remuneration and allowances as the Governor
determines and is hereby authorised to determine from time to time.
17.
Meetings of Advisory Committee
(1)
The Chairman shall convene the first meeting of the AdvisoryCommittee to be
held at a time and place appointed by him, and the Advisory Committee shall
meet accordingly and shall hold such further meetings as it considers
necessary for the conduct of its affairs.
(2)
At a meeting of the Advisory Committee —
(a)
7 members form a quorum;
(b)
the Chairman, or in his absence, the person appointed to be his deputy, shall
preside;
(c)
if both the Chairman and his deputy are absent, the members present shall
elect one of their number present at the meeting to be Chairman thereof;
(d)
all questions shall be decided by a majority of votes of the members present
and voting;
(e)
each member, including the Chairman, shall be entitled to one vote only on
the determination of any question;
(f)
in the event of an equality of votes, the question shall be determined in the
negative.
(3)
The Advisory Committee shall cause to be kept minutes of all its proceedings
in such manner as the Minister may direct or approve.
18.
Officers of Advisory Committee
(1)
The Governor may appoint a secretary to the Advisory Committee and any other
officers and servants of the Advisory Committee necessary for carrying out
the provisions of this Act.
(2)
Any person so appointed may, if required by the terms of his appointment to
devote the whole of his time to the service of the Advisory Committee, be
appointed under and be subject to the provisions of Part 3 of the Public
Sector Management Act 1994.
[Section
18 amended by No. 32 of 1994 s. 3(2).]
19.
Functions of Advisory Committee
The
functions of the Advisory Committee are to advise the Minister and the
Commissioner of Health upon and to make recommendations in relation to —
(a)
the necessity to amend any of the Schedules;
(b)
the necessity to make, amend or revoke any regulation under this Act;
(c)
any matter or thing with regard to the manufacture, distribution, sale,
supply, possession, use or labelling of poisons, or prohibiting the use of
any poison that the Advisory Committee thinks fit or that the Minister or the
Commissioner of Health may refer to it; and
(d)
any proposals or questions that may be referred to it with regard to any of
the matters mentioned in paragraphs (a), (b) and (c).
[Section
19 amended by No. 28 of 1984 s. 92; No. 12 of 1994 s. 10; No. 48 of 1995 s. 39.]
Part
III — Poisons and other substances
Division
1 — Classification
20.
Declaration of poisons
(1)
For the purposes of this Act the substances included in the Schedules are
poisons.
(2)
Substances are to be classified by inclusion in the respective Schedules as
follows —
(a)
Schedule 1 — Poisons of plant origin of such danger to health as to
warrant their being available only from medical practitioners, nurse
practitioners authorized under section 23(2)(e), pharmaceutical chemists or veterinary
surgeons.
(b)
Schedule 2 — Poisons for therapeutic use that should be available to
the public only from pharmacies, or if there is no pharmacy service
available, from persons licensed to sell Schedule 2 poisons.
(c)
Schedule 3 — Poisons for therapeutic use that are dangerous or are so
liable to abuse as to warrant their availability to the public being
restricted to supply by medical practitioners, pharmaceutical chemists,
dentists or veterinary surgeons.
(d)
Schedule 4 — Poisons that should, in the public interest,be restricted
to prescription or supply by a medical practitioner, dentist, veterinary
surgeon, or nurse practitioner authorised under section 23(2)(e), together
with
substances or preparations intended for therapeutic use, the safety or
efficacy of which requires further evaluation.
(e)
Schedule 5 — Poisons of a hazardous nature that must be readily
available to the public but require caution in handling, storage and use.
(f)
Schedule 6 — Poisons that must be available to the public but are of a
more hazardous or poisonous nature than those included in Schedule 5.
(g)
Schedule 7 — Poisons that require special precautions in manufacture,
handling, storage or use, or special individual regulations regarding
labelling or availability.
(h)
Schedule 8 — Poisons to which the restrictions recommended for drugs
of dependence by the 1980 Australian Royal Commission of Inquiry into Drugs should
apply.
(i)
Schedule 9 — Poisons that are drugs of abuse, the manufacture,
possession, sale or use of which should be prohibited by law except for
amounts which may be necessary for educational, experimental or research purposes
conducted with the approval of the Governor.
[Section
20 inserted by No. 48 of 1995 s. 8; amended by No. 9 of 2003 s. 36.]
20A.
How poisons may be identified in Schedules
(1)
A substance may be identified in a Schedule in any way the Minister thinks
fit.
(2)
Without limiting subsection (1), a substance may be identified in a Schedule
by reference to a standard or a part of a standard and in particular by
reference to —
(a)
any list of substances contained in the standard or part of the standard;
(b)
the standard or part of the standard as in force at a particular time or as
in force from time to time; or
(c)
the standard or part of the standard with or without modifications specified
in the Schedule.
(3)
Without limiting subsection (1), a substance may be identified in a Schedule
or in a standard or part of a standard referred to in the Schedule by
reference to —
(a)
the way in which or the purpose for which, it is used or intended for use;
(b)
the quantity in which it is supplied;
(c)
the nature of the package or container, including the labelling thereof, in
which it is supplied;
(d)
the physical or chemical state or form in which it is supplied; or
(e)
any other factor.
[Section
20A inserted by No. 48 of 1995 s. 8.]
21.
Amendment of Appendix A
(1)The
Minister may by order published in the Gazette amend Appendix A.
(2)
An order is “subsidiary legislation” for the purposes of the Interpretation
Act 1984.
(3)
Section 42 of the Interpretation Act 1984 applies to and in relation
to an order as if the order were a regulation.
[Section
21 inserted by No. 48 of 1995 s. 8.]
21A.
Exemption of substances from Act
(1)
The regulations may exempt a specified substance from the operation of this
Act, or specified provisions of this Act.
(2)
The regulations may exempt a substance under subsection (1) —
(a)
when used for any specified purpose or purposes; or
(b)
subject to other specified conditions.
[Section
21A inserted by No. 48 of 1995 s. 8.]
22.
(1)
The Governor, on the recommendation of the Advisory Committee, may at any
time and from time to time by proclamation prohibit the sale, supply or use
of any poison or substance, whether included in a Schedule or not, either absolutely
or except upon and subject to such conditions and for such period or periods
as the Governor may think fit.
(2)
A proclamation made under this section may be cancelled or from time to time
varied, or an error in a proclamation may be rectified, by a subsequent
proclamation.
[Section
22 amended by No. 48 of 1995 s. 9.]
22A.
Specified drugs
(1)
The Governor may, by order, declare any substance to be a specified drug for
the purposes of this Act.
(2)
Any substance that was, before the coming into operation of the Poisons
Act Amendment Act 1969 1, declared to be a specified drug for the
purposes of this Act continues, subject to subsection (3), to be a specified
drug for the purposes of this Act and the Misuse of Drugs Act 1981.
(3)
The Governor may, by order, vary or revoke any order made under subsection
(1) and may in like manner vary or revoke any order made before the coming
into operation of the Poisons Act Amendment Act 1969 1,
declaring any substance to be a specified drug for the purposes of this Act.
[Section
22A inserted by No. 6 of 1969 s. 4; amended by No. 57 of 1981 s. 15; No. 48
of 1995 s. 10.]
Division
2 —
23.
Persons authorised to sell poisons
(1)
Except as provided by subsections (2) and (4), a person shall not manufacture,
distribute, supply, or sell by wholesale or retail any poison (other than a
poison included in Schedule 5) unless he is licensed pursuant to the
provisions of section 24 to do so. (1a) Except as provided by subsection (2),
a person shall not write, issue or authorise any prescription or document
prescribing the use, sale or supply of a drug of addiction or a specified
drug by, to, or in relation to any person.
(2)
Subject to this Act —
(a)
a pharmaceutical chemist is authorised to manufacture, have in his
possession, and to use, supply or sell at his pharmacy in the ordinary course
of his retail business any preparation, admixture or extract containing any poison;
(b)
a medical practitioner or veterinary surgeon is authorised to have in his
possession and to use, supply or sell in the lawful practice of his
profession any poison;
(c)
any dentist is authorised to have in his possession and to use in the lawful
practice of his profession any poison;
(d)
a medical practitioner, veterinary surgeon or dentist is authorised to write,
issue or authorise a prescription or document prescribing the use, sale or
supply of a drug of addiction or a specified drug in the lawful practice of
his profession; and
(e)
a nurse practitioner is authorised to possess, use, supply or prescribe any
poison, in accordance with the regulations, while lawfully carrying on the
practice of nursing as a nurse practitioner in an area designated by the
Commissioner of Health in accordance with the regulations, but subject
however to such conditions and restrictions as may be prescribed and subject
to any notice given by the Commissioner of Health pursuant to the regulations
made under section 64(2)(ha).
(3)The
provisions of subsection (2) do not authorise any medicalpractitioner, nurse
practitioner, veterinary surgeon or dentist to sell any poison in an open
shop unless he is licensed under this Act to do so.
(4)
A person who carries on a business at any premises is authorised to sell by
retail from those premises any poison included in Schedule 6 subject to —
(a)
any prescribed conditions and restrictions; and
(b)
any notice given by the Commissioner of Health under regulations made under
section 64(2)(hb).
[Section
23 amended by No. 6 of 1969 s. 5; No. 43 of 1978 s. 3; No. 28 of 1984 s. 92;
No. 12 of 1994 s. 10; No. 48 of 1995 s. 11;No. 9 of 2003 s. 37.]
24.
Licences to sell poisons
(1)
Subject to this Act the Commissioner of Health may grant a licence —
(a)
to manufacture any poison;
(b)
to manufacture and distribute or sell by wholesale any poison;
(c)
to sell by wholesale any poison; or
(d)
to sell by retail any poison, in or at any pharmacy or other premises or
place of business specified in the licence, to any person who satisfies the Commissioner
of Health that he is a fit and proper person to be the holder of such a
licence.
(2)
An application for a licence under this section shall be made in the
prescribed manner to the Commissioner of Health, who may in his discretion
grant or refuse the licence.
(3)
The Commissioner of Health shall not grant any licence under this section
unless and until he is satisfied that the premises of the applicant are
suitable for the purpose in respect of which application is made for the
licence, and are properly and hygienically equipped for that purpose.
(4)
The Commissioner of Health may grant —
(a)
to a pharmaceutical chemist, a licence to sell by retail any poison;
[(b)
and (c) deleted]
(d)
to such persons and under and subject to such conditions as may be prescribed
a licence to sell all or any of the poisons included in Schedule 2, 3, 4 or
7.
(5)
The Commissioner of Health may from time to time, by notice, impose such
conditions and restrictions on the sale, supply, use and possession of any
poison included in Schedule 7 as he considers necessary for safeguarding the
public health.
(6)
A notice given by the Commissioner of Health under subsection (5) —
(a)
has effect according to its tenor, notwithstanding any other provision of
this Act or the terms or conditions of any licence or permit in force
thereunder;
(b)
may be of general application or apply to a particular person or class of
persons, in a particular case or class of cases, or to particular
circumstances or localities;
(c)
has effect, if expressed to apply to any particular person, when served on
that person and if not so expressed, when published in the Government
Gazette; and
(d)
may be varied or revoked by the Commissioner of Health by subsequent notice.
(7)
Any person who —
(a)
having been served with notice under subsection (5) that is expressed to
apply to him, fails to comply with or contravenes any condition or
restriction contained in the notice; or
(b)
fails to comply with or contravenes any condition, limitation or restriction
contained in a notice published in the Government Gazette, commits an
offence and is liable on conviction to a penalty not exceeding $10 000 and,
if the offence is a continuing offence, to a daily penalty not exceeding $1
000.
[Section
24 amended by No. 6 of 1969 s. 6; No. 28 of 1984 s. 92; No. 12 of 1994 s. 10;
No. 48 of 1995 s. 12.]
25.
Permits to purchase poisons for specified purposes
(1)
The Commissioner of Health may permit fit and proper persons to purchase or
otherwise obtain poisons for use for industrial, educational or research
purposes or for the purpose of providing health services, but not for
re-sale.
(2)
An application for a permit under this section shall be made in the
prescribed manner to the Commissioner of Health who may in his discretion
grant or refuse the application.
[Section
25 amended by No. 23 of 1966 s. 3; No. 28 of 1984 s. 92; No. 12 of 1994 s.
10; No. 48 of 1995 s. 13.]
26.
Form of licences and permits
(1)
A licence or permit under this Act must be in the prescribed form.
(2)
A licence must specify the pharmacy or other premises or place of business in
or at which the licence may be exercised.
(3)
No more than one place may be specified under subsection (2).
[Section
26 inserted by No. 48 of 1995 s. 14.]
26A.
Conditions
(1)
A licence or permit under this Act is subject to —
(a)
any conditions and restrictions that are prescribed; and
(b)
any conditions or restrictions imposed by the Commissioner of Health under
this section.
(2)
A licence or permit may be issued or renewed subject to such conditions as the
Commissioner of Health thinks fit and specifies in the licence or permit.
(3)
The Commissioner of Health may, at any time, by notice in writing given to
the holder of a licence or permit —
(a)
delete or vary conditions or restrictions of the licence or permit; or
(b)
add new conditions or restrictions to the licence or permit.
(4)
Subsection (3) does not apply to conditions or restrictions that are
prescribed.
[Section
26A inserted by No. 48 of 1995 s. 14.]
26B.
Duration of licences and permits
(1)
A licence or permit under this Act remains in force after it is first issued,
unless sooner cancelled, suspended or revoked, for a period ending on 30 June
following —
(a)
the day of its issue; or
(b)
the expiration of 2 years after the day of its issue, as elected by the
applicant.
(2)
The holder of a licence or permit under this Act may, at least one month
before it expires, apply to the Commissioner of Health for the renewal of the
licence or permit for a period of one year or 3 years.
(3)
Subject to this Act, the Commissioner of Health may renew a licence or
permit.
(4)
The renewal takes effect from 1 July in the year to which it relates and
unless sooner cancelled, suspended or revoked, continues in force —
(a)
if the licence or permit is renewed for a period of 1 year, until 30 June
following that date; or
(b) if the licence or permit is renewed for
a period of 3 years, until 30 June following the expiration of 2 years from
that date.
[Section
26B inserted by No. 48 of 1995 s. 14.]
27.
Fees for licences, permits and renewals
Every
applicant for a licence or permit under this Act or for any renewal thereof
shall pay to the Commissioner of Health such fees therefor as are prescribed.
[Section
27 amended by No. 28 of 1984 s. 92; No. 12 of 1994 s. 10.]
28.
Commissioner of Health may cancel, suspend or revoke licence or permit
The
Commissioner of Health may in his discretion cancel, suspend or revoke at any
time any licence or permit issued pursuant to the provisions of this Act, and
any licence or permit so cancelled, suspended or revoked shall thereupon
cease forthwith to have effect and shall be surrendered to the Commissioner
of Health on demand.
[Section
28 amended by No. 29 of 1984 s. 92; No. 12 of 1994 s. 10.]
29.
Appeal against order of Commissioner of Health
(1)
Any person aggrieved by the refusal of the Commissioner of Health to grant or
renew any licence or permit under this Act, or by an order of the
Commissioner of Health cancelling, suspending or revoking any licence or
permit, may within 6 months after notice of such refusal or of such order
apply to the State Administrative Tribunal for a review of the refusal or order.
[(2),
(3) repealed
[Section
29 amended by No. 28 of 1984 s. 92; No. 12 of 1994 s. 10; No. 55 of 2004 s.
965.]
30.
Licence not to be granted to company or friendly society
(1)
A licence under this Part shall not be granted to a company or friendly
society although the company or friendly society is lawfully carrying on
business as a pharmaceutical chemist; but such a licence may be granted to
any pharmaceutical chemist entitled thereto for his own use, who is bona
fide employed by or engaged with that company or friendly society in the
business of a pharmaceutical chemist and may be used by him for the benefit
of that company or friendly society.
(2)
Where in accordance with the provisions of subsection (1) a licence is used
by a pharmaceutical chemist for the benefit of a company or friendly society,
that company or friendly society, and the manager or other officers thereof
respectively and such pharmaceutical chemist, are jointly and severally
liable in respect of any offence under this Act committed by any servant or
other agent of that company or friendly society in relation to the
possession, sale or use of poisons.
(3)
In this section —
“friendly
society” means
corporation that is a friendly society within the meaning of section 16C of
the Life Insurance Act 1995 of the Commonwealth.
[Section
30 amended by No. 26 of 1999 s. 96.]
Division
3 — General provisions
31.
Sales of poison to be recorded in a book
(1)
Every person who sells by retail any poison or class of poison prescribed by
regulation for the purposes of this section, shall make a true record of each
sale in a book to be kept as prescribed.
(2)
A person shall not sell any poison, a record of the sale of which is required
to be made in a book pursuant to subsection (1), on an order by letter or by
facsimile or other electronic means unless the purchaser is known to the
vendor and the letter, facsimile or a copy of the electronic message (as the
case may be) is preserved by the vendor and particulars of the date and sender
of the order are entered in the book referred to.
[Section
31 amended by No. 48 of 1995 s. 15.]
32.
Unauthorised sales of poisons
A
person shall not —
(a)
sell any poison (other than a poison included in Schedule 5) by wholesale
unless he is licensed under this Act to do so;
(b)
sell any poison (other than a poison included in
Schedule
5 or 6) by wholesale to any person who is not authorised by or licensed or permitted
under this Act to have in his possession or to sell such poison;
(c)
except as provided by section 69 of the Agriculture and Related Resources
Protection Act 1976 or section 8(2) of the Agriculture
Protection Board Act 1950, sell or supply any poison (other than a
poison included in
Schedule
5) unless he is authorised by or licensed under this Act to do so; or
(d)
sell or supply any poison (other than a poison included in Schedule 5) except
in accordance with the authority of his licence or permit and the terms and
conditions thereof.
[Section
32 amended by No. 48 of 1995 s. 16.]
33.
Wholesaler not to sell by retail
A
wholesale supplier shall not sell any poison (other than a poison included in
Schedule 5) by retail unless he is authorized by or licensed under this Act
to do so.
[Section
33 amended by No. 48 of 1995 s. 17.]
34.
Sales to certain persons prohibited
(1)
A person shall not sell any poison or class of poison prescribed by
regulation for the purposes of this section to any person —
(a)
who is apparently under the age of 18 years; or
(b)
who is unknown to the vendor, unless the sale is made in the presence of an
adult witness who is known to the vendor and who knows the purchaser.
(2)
The witness in whose presence the sale is made pursuant to subsection (1)(b)
shall, before the delivery of the poison to the purchaser, sign the entry
(including the entry of his own name and place of residence) in the book
required to be kept under section 31.
[Section
34 amended by No. 23 of 1966 s. 4.]
35.
Making false declarations
A
person who for the purpose of obtaining for himself or for any other person
the grant, issue or renewal of a licence or permit under this Act —
(a)
makes any declaration or statement that is false in any material particular;
or
(b)
knowingly produces or makes use of any such declaration or statement, commits
an offence against this Part.
36.
Drugs not to be used for self administration
Subject
to section 36A, a person shall not use or attempt to use, or prescribe, any
drug of addiction or specified drug for the purpose of self administration;
but a person for whom a medical practitioner has prescribed a drug of
addiction or a specified drug in the course of treatment of that person as a
patient may take or use that drug to the extent and for the purpose for which
it was so prescribed.
[Section
36 amended by No. 12 of 1994 s. 6.]
36A.
Defence for persons participating in the conduct of needle and syringe
programmes
It
is a defence in proceedings for an offence against section 36 of this Act or
section 6(2) of the Misuse of Drugs Act 1981 for the person charged to
prove that the offence occurred by reason only of the person —
(a)
supplying any other person with a sterile hypodermic syringe or a sterile
hypodermic needle;
(b)
doing any act or thing to facilitate the safe disposal of a used hypodermic
syringe or a used hypodermic needle; or
(c)
advising, counselling or disseminating information to any other person,
in
the course of the conduct of a needle and syringe programme approved by the
Commissioner of Health.
[Section
36A inserted by No. 12 of 1994 s. 7.]
[37-39.
Repealed by No. 48 of 1995 s. 18.]
40.
Offences against this Part
Except
where by this Act it is expressly enacted otherwise, every person who —
(a)
contravenes or fails to comply with any of the provisions of this Part;
(b)
contravenes or fails to comply with any conditions, limitation or restriction
to which any authority, licence or permit issues under this Part is subject;
(ba)
contravenes or fails to comply with any conditions, limitation or restriction
of any notice given by the Commissioner of Health pursuant to the regulations
made under section 64(2)(ha) or (hb);
(c)
purchases any poison and gives false information in answer to inquiries that
by or under this Act are required to be made by the vendor; or
(d)
signs his name as a witness to the sale of any poison to a person unknown to
him, commits an offence against this Part.
Penalty:
For a first offence, $5 000; for a second or subsequent offence, $15 000.
[Section
40 amended by No. 23 of 1966 s. 6; No. 43 of 1978 s. 4; No. 28 of 1984 s. 92;
No. 12 of 1994 s. 10; No. 48 of 1995 s. 19.]
41.
Use of Schedule 9 poisons for research etc.
(1)
The Governor may by order authorise a specified person to manufacture,
prepare, possess or use a specified substance included in Schedule 9 for
educational, experimental or research purposes or for any other prescribed
purpose.
(2)
The order —
(a)
must specify the place or places at which the substance may be manufactured,
prepared, possessed or used; and
(b)
may specify other conditions relating to the manufacture, preparation,
possession or use of the substance.
(3)
The Governor may by further order amend or revoke an order under this
section.
(4)
Notwithstanding anything in the Misuse of Drugs Act 1981, it is not
unlawful for a person to manufacture, prepare, possess or use a substance in
accordance with an order under this section.
[Section
41 inserted by No. 48 of 1995 s. 20.]
41A.
Licence to cultivate prohibited plants
(1)
Subject to this Act the Commissioner of Health may grant to any person a
licence to cultivate, sell, purchase or have in his possession any prohibited
plant.
(2)
A licence granted pursuant to this section shall be subject to such
conditions as may be prescribed and as the Commissioner of Health may in his
discretion impose.
[Section
41A inserted by No. 23 of 1966 s. 8; amended by No. 57 of 1981 s. 17; No. 28
of 1984 s. 92; No. 12 of 1994 s. 10.]
[42.
Repealed by No. 57 of 1981 s. 18.]
[43.
Repealed by No. 57 of 1981 s. 19.]
44.
Offences generally against this Part
(1)
A person who —
(a)
contravenes or fails to comply with any provision of this Part; or
(b)
within the State aids and abets, counsels or procures the commission in any
place outside the State of any offence punishable under the provisions of any
corresponding law in force in that place or does any act preparatory to or in
furtherance of any act which if committed within the State would constitute
an offence against this Part, commits an offence against this Part.
(2)
A person who commits an offence against this Part, not being an offence for
which a penalty is otherwise in this Part expressly provided, is liable upon
conviction to a fine of $15 000, or imprisonment for a term of 3 years, or to
both the fine and imprisonment.
(3)
A person convicted of an offence against this Part shall forfeit to Her
Majesty all articles in respect of which the offence was committed, and the
court before which the offender is convicted may order any forfeited articles
to be destroyed or otherwise disposed of as the court thinks fit.
(4)
A person who —
(a)
attempts to commit an offence under this Part; or
(b)
solicits or incites another person to commit such an offence, is, without
prejudice to any other liability, liable on summary conviction to the same
punishment and forfeiture and to be dealt with as if he had been convicted of
the offence which he attempted to commit, or the offence which he solicited
or incited another to commit.
[Section
44 amended by No. 23 of 1966 s. 9; No. 51 of 1967 s. 2; No. 87 of 1970 s. 4;
No. 43 of 1978 s. 6; No. 48 of 1995 s. 21.]
45.
Interpretation of “corresponding law”
(1)
In this Part the expression, “corresponding law” means any law stated
in a certificate that purports to have been issued by or on behalf of the
Government of —
(a)
any British possession (including any territory under Her Majesty’s
protection, or governed under a trusteeship agreement by the Government or
any part of Her Majesty’s dominions) outside the State; or
(b)
any foreign country (including any protectorate thereof or any territory
governed under a trusteeship agreement by the Government thereof), to be a
law providing for the regulation and control in that possession or country of
the manufacture, sale, use, export or import of drugs in accordance with the
provisions of any of the Conventions referred to in Appendix B.
(2)
Any statement in a certificate referred to in subsection (1) as to the effect
of the law mentioned in that certificate, or any statement in any such certificate
that any facts constitute an offence against that law, shall be conclusive.
[Section
45 amended by No. 48 of 1995 s. 22.]
Part
V — Miscellaneous provisions
46.
Containers of poisons to be marked or labelled
A
person shall not sell any poison unless the package or container immediately
containing it is marked or labelled in such manner and with such particulars
as are prescribed.
[Section
46 amended by No. 48 of 1995 s. 23 and 39.]
47.
Medicines for internal use not to be sold in certain packages
or
containers
(1)
A person shall not sell any drug or medicine that is for internal use or any
food, drink or condiment in a package or container —
(a)
of like description to that prescribed by the regulations for a package or
container in which any poison intended for external use may be sold; or
(b)
of such a description as not to be readily distinguishable by sight and
touch, or by either sight or touch, from a package or container in which a
poison intended for external use may be sold.
(2)
Nothing in this section affects any other requirement of this Act relating to
the packages or containers in which drugs or medicines that are or contain
poisons within the meaning of this Act may be sold.
[Section
47 amended by No. 48 of 1995 s. 24.]
48.
Prohibition against hawking, etc.
A
person shall not —
(a)
sell or attempt to sell; or
(b)
hawk or peddle, or distribute or cause to be distributed as a sample, any
poison in any street or public place or from house to house. Penalty: $5 000
and, if the offence is a continuing offence, a daily penalty not exceeding
$500.
[Section
48 amended by No. 23 of 1966 s. 10; No. 28 of 1984 s. 92; No. 12 of 1994 s.
10; No. 48 of 1995 s. 25.]
49.
Prohibition against selling by automatic machines
(1)
A person shall not —
(a)
install or permit to be installed on or about his premises or elsewhere any
automatic machine for the sale or supply of any poison;
(b)
sell or supply any poison by means of any automatic machine;
(c)
place or permit to be placed, any poison in any automatic machine that is on
or about his premises or under his control; or
(d)
permit or suffer any person to purchase or be supplied with or otherwise
obtain any poison by means of any automatic machine.
(2)
A person who contravenes or fails to comply with any provision of subsection
(1) commits an offence against this Act and is liable on conviction to a fine
of $5 000, and in addition to a daily penalty of $500 during the time that
the offence is continued after conviction.
(3)
Any automatic machine in respect of which any person is convicted of an
offence under this section may in the discretion of the court before which
proceedings for the offence are taken be forfeited to Her Majesty.
[Section
49 amended by No. 23 of 1966 s. 11; No. 48 of 1995 s. 26; No. 50 of 2003 s.
84(2).]
50.
Leaving poisons unlabelled an offence
(1)
A person who being in charge or possession of any poison leaves it in any
place (whether that place is or is not ordinarily accessible to other
persons), unless the package or container in which the poison is contained is
marked clearly and legibly with the word, “Poison” or with other prescribed
words, and otherwise duly labelled in the manner provided by section 46, commits
an offence against this Act. Penalty: $5 000 and, if the offence is a continuing
offence, a daily penalty not exceeding $500.
(2)
This section does not apply to pharmaceutical chemists in the conduct of
their business or to persons granted exemption pursuant to subsection (3).
(3)
The Commissioner of Health may exempt any person from the provisions of this
section where he is of opinion, having regard to the circumstances of the
case, that such exemption is warranted.
[Section
50 amended by No. 23 of 1966 s. 12; No. 28 of 1984 s. 92; No. 12 of 1994 s.
10; No. 48 of 1995 s. 27.]
[51.
Repealed by No. 48 of 1995 s. 28.]
Part
VI — Supplementary provisions
52.
Orders in Council may be cancelled or amended
An
Order in Council made under the provisions of this Act may be cancelled or
from time to time varied or amended, or an error in any such Order may be
rectified, by a subsequent Order in Council.
52A.
Minister may declare a person to be an authorised officer
(1)
The Minister may, by notice published in the Gazette, declare a person
to be an authorised officer for the purposes of this Act.
(2)
The Minister may, by further notice published in the Gazette, amend or
revoke a declaration under this section.
[Section
52A inserted by No. 48 of 1995 s. 29.]
53.
Apprehension of offenders
(1)
Any police officer and all persons whom he shall call to his assistance, may
take into custody with or without a warrant any person found committing any
offence —
(a)
against section 48; or
(b)
against any provision of Part IV or any regulation made thereunder
prohibiting the sale of any drug of addiction or specified drug, or the
cultivation, sale, purchase or possession of any prohibited plant, whose name
and residence are unknown to and cannot readily be ascertained by that police
officer, or who on demand neglects or refuses to give his name and address or
either of them, or gives a false name or address.
(2)
The powers conferred by this section upon police officers are inaddition to
and not in diminution of the powers conferred on police officers by the
provisions of the Police Act 1892, or of any other Act.
[Section
53 amended by No. 23 of 1966 s. 13; No. 48 of 1995 s. 30.]
54.
Routine inspection
(1)
An authorised officer may, for the purpose of ascertaining whether this Act
is being complied with, at any reasonable time —
(a)
enter upon —
(i)
any premises occupied by any person licensed or otherwise authorised under
this Act to have possession of any poison or prohibited plant; or
(ii)
any place on or from which poisons are sold;
(b)
inspect or examine any room or part of the premises or place entered upon,
and any goods or records in or on the premises or place;
(c)
take an account of any poisons and any prohibited plants in or on the
premises or place;
(d)
on payment or tender of a reasonable price, demand, take and obtain a sample
of any poison or prohibited plant in or on the premises or place.
(2)
Any person who —
(a)
refuses or fails to allow an authorised officer to enter any premises or
place in accordance with this section;
(b)
refuses to permit an authorised officer to take or obtain any sample in accordance
with this section; or
(c)
delays or obstructs, or causes or permits to be delayed or obstructed, any
authorised officer who is exercising any power under this section, commits an
offence.
[Section
54 inserted by No. 48 of 1995 s. 31.]
55.
Powers in respect of premises, vehicles or vessels if offence suspected of
being committed
(1)
If an authorised officer has reasonable grounds to suspect that —
(a)
an offence against this Act has been, is being, or is about to be committed;
and
(b)
there is in or on any premises, vehicle or vessel anything relevant to the
investigation of that offence, the authorised officer may exercise the powers
set out in subsection (2) in respect of the premises, vehicle or vessel.
(2)
The authorised officer may —
(a)
signal or direct the person in control of the vehicle or
vessel
—
(i)
to stop the vehicle or vessel;
(ii)
to move the vehicle or vessel to a place specified by the officer;
(iii)
not to move the vehicle or vessel;
(b)
enter and search the premises, vehicle or vessel using such force as is
necessary to gain entry;
(c)
break open and search any package, container or other thing in or on the
premises, vehicle or vessel;
(d)
search all persons found in or on the premises, vehicle or vessel;
(e)
take and remove a sample of anything in or on the premises, vehicle or
vessel;
(f)
seize anything reasonably suspected of being relevant to the investigation of
an offence against this Act.
(3)
An authorised officer must not exercise the powers referred to in subsection
(2) in respect of any premises, or any part of any premises, used as a
residence except —
(a)
with the consent of the occupier of the premises; or
(b)
under a warrant issued under section 55A.
(4)
A person must not be searched under this section except by a person of the
same sex as the first-mentioned person.
[Section
55 inserted by No. 48 of 1995 s. 31.]
55A.
Warrants
(1)
If a justice is satisfied on an application supported by evidence on oath
that there are reasonable grounds for suspecting that —
(a)
an offence against this Act has been, is being, or is about to be committed;
and
(b)
there is in or on any premises or part of any premises used as a residence
anything relevant to the investigation of that offence, the justice may issue
a warrant in the prescribed form authorising an authorised officer to
exercise the powers referred to in section 55(2) in respect of the premises
or part of the premises.
(2)
A warrant must specify —
(a)
the premises or part of the premises in respect of which the warrant is
granted; and
(b)
the time and date at which the warrant ceases to haveeffect.
[Section
55A inserted by No. 48 of 1995 s. 31; amended by No. 84 of 2004 s. 80.]
55B.
Person not to hinder or obstruct authorised officer
A
person must not without reasonable excuse —
(a)
refuse or fail to comply with a signal or direction given under section
55(2)(a);
(b)
prevent or attempt to prevent an authorised officer from exercising a power
conferred by section 55 or by a warrant under section 55A; or
(c)
hinder or obstruct an authorised officer in the exercise of any power
conferred by section 55 or by a warrant under section 55A.
Penalty:
$5 000.
[Section
55B inserted by No. 48 of 1995 s. 31.]
55C.
Sections 54 to 55A do not derogate from the Misuse of Drugs Act 1981
Sections
54, 55 and 55A are in addition to, and do not derogate from, the provisions
of the Misuse of Drugs Act 1981.
[Section
55C inserted by No. 48 of 1995 s. 31.]
55D.
Order for forfeiture
(1)
If a court convicts a person of an offence against this Act, the court may
order that anything seized under this Act and related to the commission of
the offence be forfeited to the Crown.
(2)
Anything forfeited to the Crown under subsection (1) is to be disposed of in
such manner as the Minister thinks fit.
[Section
55D inserted by No. 48 of 1995 s. 31.]
55E.
Powers to quarantine or destroy poisons in certain circumstances
(1)
If, in the Commissioner of Health’s opinion, the keeping, possession or use
of any poison by any person constitutes or may constitute a serious danger to
public health, the Commissioner may, with the approval of the Minister, give
a direction under subsection (2).
(2)
The Commissioner may, by notice in writing given to the person who keeps, has
possession of, or uses the poison, direct the
person
—
(a)
to secure the poison in a specified place and by specified means and not to
remove the poison until further directed by the Commissioner;
(b)
to destroy, or otherwise dispose of, the poison in a specified way;
(c)
not to use the poison (either generally or in a specified way); or
(d)
to deliver the poison to a specified person at a specified time and place.
(3) The Commissioner may, by further notice
in writing given to the person referred to in subsection (2), amend or revoke
a direction given under that subsection.
(4)
A person shall not refuse or fail to comply with a direction given under
subsection (2).
Penalty:
$10 000.
[Section
55E inserted by No. 48 of 1995 s. 31.]
56.
Sales by employees, etc.
For
the purposes of this Act any person on whose behalf a sale is made is deemed
to be the person who sells, and every employee, assistant or apprentice of
such person is liable to the like penalties as the person on whose behalf he
makes any sale.
57.
Persons deemed to have sold poisons
(1)
Where any poison is sold in an unopened package or container to an authorised
officer and in respect of the sale thereof there is a contravention of or
failure to comply with any provision of this Act, each of the persons
referred to in paragraphs (a) and (b) shall, in addition to the person who
actually sold the package or container to the authorised officer, be liable
in respect of such contravention or failure, namely —
(a)
if the package or container has a label on or attached to
it,
any person who appears from that label to have manufactured or prepared such
poison, or to have imported it into the State, or to have enclosed or caused to
be enclosed in that package or container such poison, or to have been the
wholesale supplier thereof; or (b) if the package or container has a label on
or attached to it but such label does not disclose any of the particulars referred
to in paragraph (a), or if the package or container has no label on or
attached to it, any person who has previously sold the unopened package or container.
(2) A person to whom the provisions of
subsection (1) apply is deemed to have sold the unopened package or container
to the authorised officer as on the day when and at the place where the authorised
officer purchased it, and that person is liable to the same penalty as if he
had actually sold such package or container to the authorised officer on that
day and at that place.
(3)
It shall be a defence to a charge under this section if the person charged
shows —
(a)
that the contravention or non-compliance is due to the act or default of some
subsequent seller;
(b)
that the contravention or non-compliance is due to deterioration or other
causes beyond his control; or
(c)
where the package or container has a label on or attached to it, that he did
not in fact affix or attach the label or cause it to be affixed or attached
or enclose or cause to be enclosed the poison in the package or container.
(4)
Nothing in this section shall affect the liability of any person selling any
such unopened package or container to an authorized officer with respect to
any contravention or non-compliance due to his default or to other causes
within his control; and the conviction of any person under the provisions of
this section shall not exonerate the person selling such unopened package or container
or any other person from liability with respect to any such contravention or
non-compliance.
(5)
Without affecting the generality of the application of this or any other
provisions of this Act to firms or the members of them, where a firm appears
from any such label to have imported, manufactured or prepared any poison, or
to have been the wholesale supplier thereof or to have enclosed the same in a
package or container —
(a)
proceedings under this section may be taken (whether in a court of summary
jurisdiction or otherwise) and penalties recovered accordingly against any
member or members of the firm; and
(b)
this section shall be read and construed and have effect as though the name
or names of the member or members of the firm had appeared on such label.
[Section
57 amended by No. 48 of 1995 s. 32 and 39; No. 59 of 2004 s. 141.]
58.
Evidence on prosecutions
Whenever
in any prosecution for a contravention of or failure to comply with any
provision of this Act or any regulations made under this Act it is necessary
or proper to prove in respect of any particular article or substance that it
is a poison, then in every such case —
(a)
evidence that any substance commonly sold under the same name or description
as that particular article or substance is a poison shall be prima facie proof
that such particular article or substance also conforms to the same description
accordingly; and
(b)
evidence that any particular article or substance or the package or container
containing the article or substance is labelled, “Poison” or with other
prescribed words, shall be prima facie proof that such particular
article or substance is a poison.
[Section
58 amended by No. 48 of 1995 s. 33 and 39.]
59.
Publication of list of licensed persons
The
Commissioner of Health shall in the month of August in each year cause to be
published in the Government Gazette a list of the names and places of
business of all persons who hold licences or permits under this Act, and the
production of a copy of the Government Gazette containing any such
list as last published shall be prima facie proof in all courts and in
all legal proceedings that the persons specified in such list hold such
licences or permits.
[Section
59 amended by No. 28 of 1984 s. 92; No. 12 of 1994 s. 10.]
60.
Proof of certificate of analysts
(1)
In any legal proceedings for offences against this Act —
(a)
the production of a certificate purporting to be signed by an analyst with
respect to any analysis made by him shall, without proof of the signature of
the person appearing to have signed the certificate or that he is an analyst,
be sufficient evidence —
(i)
of the identity of the thing analysed;
(ii)
of the result of the analysis; and
(iii)
of the matters relevant to such proceedings stated in the certificate, unless
the accused by not less than 3 days’ notice in writing delivered to the
prosecutor and by a like 3 days’ notice delivered to the analyst (opportunity
to deliver which notices shall be afforded the accused) requires the analyst
to attend as a witness; and
(b)
the court may, in addition to any other order as to costs, make such order as
it thinks just as to the conduct money of the analyst and the expenses and
remuneration to be paid for any analysis.
(2)
For the purposes of this section, “analyst” means an analyst appointed
under the provisions of the Health Act 1911.
[Section
60 amended by No. 84 of 2004 s. 80 and 82.]
61.
Evidence of qualifications
In
any legal proceedings under this Act —
(a)
the production of a copy of the Government Gazette containing the
several registers or lists as last published in relation to the time
in question of medical practitioners, pharmaceutical chemists,
dentists or veterinary surgeons and of persons holding licences or
permits under this Act shall, if the name of the accused does not
appear in any of such registers or lists, be prima facie proof
that he is not a medical practitioner or a registered pharmaceutical
chemist, dentist, veterinary surgeon or a person who holds a
licence or permit under this Act;
(b)
a certificate that any person is or is not, or was or was not, on a certain
date or for a certain period a medical practitioner, a nurse practitioner or
a registered pharmaceutical chemist, dentist, veterinary surgeon or a person
who holds a licence, permit or authority under this Act shall be prima
facie proof of the fact therein stated if the certificate purports to be
signed —
(i)
in the case of a medical practitioner, by the registrar of the Medical Board
constituted under the Medical Act 1894;
(ia)
in the case of a nurse practitioner, by the registrar of the Nurses Board of
Western Australia constituted under the Nurses Act 1992;
(ii)
in the case of a registered pharmaceutical chemist, by the registrar of the
Pharmaceutical Council of Western Australia, constituted under the Pharmacy
Act 1964;
(iii)
in the case of a registered dentist, by the registrar of The Dental Board of
Western Australia, constituted under the Dental Act 1939;
(iv)
in the case of a registered veterinary surgeon, by the registrar of the Veterinary
Surgeons’ Board, constituted under the Veterinary Surgeons
Act
1960;
and
(v)
in the case of a person who holds a licence, permit or authority under this
Act, by the Commissioner of Health.
[Section
61 amended by No. 28 of 1984 s. 92; No. 12 of 1994 s. 10; No. 9 of 2003 s.
38; No. 84 of 2004 s. 82.]
61A.
Evidence of approval
In
any legal proceedings under this Act or the Misuse of Drugs Act 1981,
production of a certificate purporting to be signed by the
Commissioner of Health and stating that on any date or during any
period a specified needle and syringe programme was approved by the
Commissioner of Health is, without proof of the signature of the
Commissioner of Health, evidence of the facts stated in the
certificate.
[Section
61A inserted by No. 12 of 1994 s. 8.]
61B.
Evidence of contents of standard
In
any proceedings under this Act, production of a copy of a standard referred
to in this Act purporting to be certified by the Commissioner of Health to be
a true copy of the standard as at any date or during any period is, without
proof of the signature of the Commissioner of Health, sufficient evidence of
the contents of the standard as at that date or during that period.
[Section
61B inserted by No. 48 of 1995 s. 34.]
62.
General penalty
Every
person who contravenes or fails to comply with any provision of this Act or
any regulation made under this Act commits an offence against this Act and if
no penalty is expressly provided with respect to that offence is liable on conviction
to a penalty not exceeding $5 000 and, if the offence
is
a continuing offence, to a daily penalty not exceeding $500.
[Section
62 amended by No. 23 of 1966 s. 16; No. 48 of 1995 s. 35.]
63.
Protection from liability
(1)
No act, matter or thing done or omitted to be done in good faith by the
Minister or by the Commissioner of Health, or by the Advisory Committee or by
any member thereof or by the secretary or any other officer thereof, or by
any authorized officer, in the administration or intended administration of
this Act, or in the exercise or performance or intended exercise or performance
of any of his or its powers, functions or duties under this Act, shall
subject the Minister or the Commissioner of Health, or the Advisory Committee
or any member or the secretary or other officer thereof, or any authorised
officer, to any liability in respect thereof.
[(2)
repealed]
[Section
63 amended by No. 28 of 1984 s. 92; No. 12 of 1994 s. 10; No. 48 of 1995 s.
36.]
64.
Regulations
(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
Commissioner of Health.
(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 Commissioner of Health by notice given to a person to revoke
the authority conferred on that person by section 23(2) in relation to drugs
of addiction or specified drugs or both;
(hb)
authorising the Commissioner of Health 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;
(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 Commissioner
of Health 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 Commissioner of Health 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 authorized 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 pharmaceutical chemist 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 pharmaceutical chemists 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 Commissioner of Health 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.]
64A.
Regulations may adopt standards
(1)
The regulations may make provision for or in relation to any matter by
applying, adopting or incorporating a standard or a part of a standard.
(2)
Without limiting subsection (1), a standard or a part of a standard may be
applied, adopted or incorporated —
(a)
as in force at a particular time or as in force from time to time; and
(b)
with or without modification.
[Section
64A inserted by No. 48 of 1995 s. 38.]
64B.
Copies of standards to be kept and made available to public
The
Commissioner of Health is to cause a copy of every standard referred to in
this Act to be kept at the prescribed office of the department and to be
available for inspection free of charge by members of the public at that
office during normal office hours.
[Section
64B inserted by No. 48 of 1995 s. 38.]
Appendix
A
[Heading
inserted by No. 48 of 1995 s. 40.]
1.
Interpretation
(1)
In this Appendix, “SUSDP” means the current Poisons Standard as defined
in section 52A of the Therapeutic Goods Act 1989 of the Commonwealth.
(2)
If for the purposes of this Appendix it is necessary to interpret a Schedule
to the SUSDP, the definitions and interpretation provisions in the SUSDP
apply to the interpretation of that Schedule.
[Clause
1 inserted by No. 48 of 1995 s. 40; amended in Gazette
19
Mar 1996 p. 1208; 17 Sep 1996 p. 4695; 10 Feb 1998 p. 723;
7
Aug 1998 p. 4091; 8 Oct 1999 p. 4784.]
Schedule
1
All
substances listed in Schedule 1 to the SUSDP.
[Schedule
1 inserted by No. 48 of 1995 s. 40.]
Schedule
2
All
substances listed in Schedule 2 to the SUSDP.
[Schedule
2 inserted by No. 48 of 1995 s. 40.]
Schedule
3
All
substances listed in Schedule 3 to the SUSDP.
[Schedule
3 inserted by No. 48 of 1995 s. 40.]
Schedule
4
All
substances listed in Schedule 4 to the SUSDP, subject to the following
modification
—
The
following substance is added to Schedule 4 to the SUSDP —
*
SCAEVOLA SPINESCENS.
[Schedule
4 inserted in Gazette 19 Mar 1996 p. 1208; amended in Gazette
10
Oct 2003 p. 4403 and p. 4404.]
Schedule
5
All
substances listed in Schedule 5 to the SUSDP.
[Schedule
5 inserted by No. 48 of 1995 s. 40; amended in Gazette 10 Oct 2003 p. 4404
and p. 4405.]
Schedule
6
All
substances listed in Schedule 6 to the SUSDP, subject to the following
modification
—
The
following substance is deleted from Schedule 6 to the SUSDP —
*
ACETIC ANHYDRIDE excluding its derivatives.
[Schedule
6 inserted in Gazette 19 Mar 1996 p. 1208; amended in Gazette
10
Oct 2003 p. 4404 and p. 4405.]
Schedule
7
All
substances listed in Schedule 7 to the SUSDP, subject to the following
modifications
—
The
description of the following substance in Schedule 7 to the SUSDP is
modified
in the following manner —
*
In the entry for “NICOTINE”, after the word “smoking” in paragraph (b)
of
that entry, insert “or as nasal snuff”.
The
following substances are added to Schedule 7 to the SUSDP —
*
ACETIC ANHYDRIDE excluding its derivatives.
*
2-ACETYL AMINOFLUORENE.
*
ALPHANAPHTHYLAMINE.
*
4-AMINOBIPHENYL.
*
BENZIDINE.
*
BENZO(A)PYRENE.
*
BETANAPHTHYLAMINE.
*
BETA PROPRIOLACTONE.
*
BIS-CHLOROMETHYL ETHER.
*
3,3’-DICHLOROBENZIDINE.
*
GAMMA-BUTYROLACTONE.
*
METHYL CHLOROMETHYL ETHER.
*
4-NITROBIPHENYL.
*
N-NITROSODIMETHYLAMINE.
*
PHENYLACETIC ACID.
*
1-PHENYL-2-CHLOROPROPANE.
*
1-PHENYL-2-NITROPREPENE.
*
1-PHENYL-2-PROPANOL.
*
1-PHENYL-2-PROPANONE.
*
1-PHENYL-2-PROPANONE OXIME.
*
TOXAPHENE (CAMPHECHLOR).
[Schedule
7 inserted in Gazette 19 Mar 1996 p. 1208-9; amended in Gazette 14 Sep 2001
p. 5080.]
Schedule
8
All
substances listed in Schedule 8 to the SUSDP, subject to the following
modification
—
The
following substance is added to Schedule 8 to the SUSDP —
*
11-NOR-9-CARBOXY TETRAHYDROCANNABINOL when used for analytical chemical
analysis.
[Schedule
8 inserted by No. 48 of 1995 s. 40; amended in Gazette 8 Oct 1999 p. 4784.]
Schedule
9
All
substances listed in Schedule 9 to the SUSDP, subject to the following
modification
—
The
following substances are added to Schedule 9 to the SUSDP —
*
ALKOXYAMPHETAMINES AND BROMO-SUBSTITUTED
ALKOXYAMPHETAMINES
except where separately specified in Schedule 9.
*
ALKOXYPHENETHYLAMINES AND ALKYL-SUBSTITUTED
ALKOXYPHENETHYLAMINES
except where separately specified in Schedule 9.
*
BENZYLPIPERAZINE *(BZP).
*
4-BROMO-3,5-DIMETHOXYAMPHETAMINE.
*
3-BROMO-4-METHOXYAMPHETAMINE.
*
4-BROMO-3-METHOXYAMPHETAMINE.
*
CANNABIS OIL.
*
CANNABIS RESIN.
*
3,4-DIMETHOXYAMPHETAMINE.
*
2,5-DIMETHOXY-4-ETHOXYAMPHETAMINE.
*
3,4-DIMETHOXY-5-ETHOXYAMPHETAMINE.
*
4,5-DIMETHOXY-2-ETHOXYAMPHETAMINE.
*
2,3-DIMETHOXY-4,5-METHYLENEDIOXYAMPHETAMINE.
*
2,5-DIMETHOXY-3,4-METHYLENEDIOXYAMPHETAMINE.
*
3,4-DIMETHOXYPHENYLETHYLAMINE.
*
4,5-ETHYLENEDIOXY-3-METHOXYAMPHETAMINE.
*
2-METHOXY-3,4-METHYLENEDIOXYAMPHETAMINE.
*
2-METHOXY-4,5-METHYLENEDIOXYAMPHETAMINE.
*
4-METHOXY-2,3-METHYLENEDIOXYAMPHETAMINE.
*
2-METHOXY-3,4-METHYLENEDIOXYPHENYLETHYLAMINE.
*
3-METHOXY-4,5-METHYLENEDIOXYPHENYLETHYLAMINE.
*
4-METHOXYPHENYLETHYLAMINE.
*
3,4-METHYLENEDIOXY-N-ETHYLAMPHETAMINE *(MDE)
*
2,3,4,5-TETRAMETHOXYAMPHETAMINE.
*
TRIFLUOROMETHYLPHENYLPIPERAZINE *(TFMPP).
*
2,3,4-TRIMETHOXYAMPHETAMINE.
*
2,3,6-TRIMETHOXYAMPHETAMINE.
*
2,4,5-TRIMETHOXYAMPHETAMINE.
*
2,4,6-TRIMETHOXYAMPHETAMINE.
*
2,4,5-TRIMETHOXYPHENYLETHYLAMINE.
[Schedule
9 inserted in Gazette 19 Mar 1996 p. 1209-10; amended in Gazette 8 Nov 2002
p. 5434.]
Appendix
B
[Section
45]
Conventions
The
Single Convention on Narcotic Drugs, signed at
The
1972 protocol amending the Single Convention on Narcotic Drugs, signed at
The
Convention on Psychotropic Substances, signed at
21
February 1971.
The
United Nations Convention against Illicit Traffic in Narcotic Drugs and
Psychotropic
Substances 1988.
[Appendix
B inserted by No. 48 of 1995 s. 41.]
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Sunday, 6 July 2014
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