Medicines and Poisons Act 2014 (WA)

Western Australia Medicines and Poisons Act 2014 Western Australia Medicines and Poisons Act 2014 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Poisons 1 5. Strictly controlled substances 1 6. Term used: manufacture 1 7. Terms used: prescription and related terms 1 8. Term used: supply 1 9. Supply and possession of poisons by pharmacy business 1 10. Relationship with Misuse of Drugs Act 1981 1 11. Act applies to the State 1 Part 2 — Offences 12. Terms used 1 13. Offences relating to manufacture and supply of Schedule 2 and Schedule 3 poisons 1 14. Offences relating to manufacture, supply, prescribing and possession of Schedule 4 and Schedule 8 poisons 1 15. Offences relating to manufacture and supply of Schedule 5 and Schedule 6 poisons 1 16. Offences relating to manufacture, supply, use and possession of Schedule 7 poisons 1 17. Offences relating to manufacture, supply, use and possession of Schedule 9 poisons 1 18. Offences relating to supply and use of strictly controlled substances 1 19. Use of poison obtained under permit 1 20. Unlawfully obtaining poison by wholesale 1 21. Fraudulent behaviour to obtain supply of poison 1 22. Storage, handling, transport and disposal of poisons 1 23. Record keeping and reporting 1 24. Vending machines 1 Part 3 — Authorisation of health professionals Division 1 — Authorisation of health professionals 25. Authorisation of health professionals to administer, possess, prescribe, supply or use medicines 1 26. Authorisation of pharmacists to manufacture medicines or use or possess Schedule 7 poisons 1 27. Authorisation of employees and agents 1 Division 2 — Conditions, suspension and cancellation 28. Grounds for taking action 1 29. CEO may impose conditions, suspend or cancel authority 1 30. Effect of conditions, suspension or cancellation 1 31. CEO may notify regulatory authority if action taken under this Division 1 32. Publishing notice of action taken under this Division 1 33. Review of decisions by State Administrative Tribunal 1 Part 4 — Licences, permits and notices Division 1 — Licences and permits 34. Licences 1 35. Licences for Schedule 9 poisons 1 36. Permits 1 37. Permits for Schedule 9 poisons 1 Division 2 — Licensing and permit procedure 38. Application for licence or permit or renewal of licence or permit 1 39. Further information 1 40. Timing of application for renewal of licence or permit 1 41. Grant or renewal of licence or permit to individual 1 42. Grant or renewal of licence or permit to partnership 1 43. Grant or renewal of licence or permit to body corporate 1 44. Notice of decision 1 45. Form of licence or permit 1 46. Duration of licence or permit 1 47. Licence or permit not transferable 1 48. Application to vary licence or permit 1 49. Variation of licence or permit 1 Division 3 — Conditions on licences or permits 50. Regulations may prescribe conditions 1 51. CEO may impose conditions 1 52. Application to vary conditions 1 Division 4 — Change of management or death of licensee or permit holder 53. Term used: change of management 1 54. Unauthorised change of management 1 55. Application for approval of proposed change of management 1 56. Grant or refusal of approval of proposed change of management 1 57. Application for approval after change of management occurs 1 58. Grant or refusal of approval of change of management 1 59. Death of individual licensee or permit holder 1 Division 5 — Amendment, suspension or cancellation 60. Grounds for taking action 1 61. CEO may amend, suspend or cancel licence or permit 1 62. Publishing notice of action taken under this Division 1 Division 6 — Review of licensing and permit decisions 63. Review of decisions 1 Division 7 — General provisions 64. False or misleading information 1 65. Amendment to correct error 1 66. Licence or permit to be produced if amended 1 67. Replacement licence or permit 1 68. Certified copy of licence or permit 1 69. Production of licence or permit for inspection 1 70. Return of licence or permit 1 Division 8 — Notices 71. Compliance notices 1 72. Schedule 7 notices 1 73. Review of decisions 1 Part 5 — Register of licences, permits, notices and restricted professional authorities 74. Terms used 1 75. CEO to maintain register 1 76. Inspection of register 1 Part 6 — Drugs of addiction Division 1 — Preliminary 77. Terms used 1 Division 2 — Self‑prescription 78. Self‑prescription 1 79. Defence: emergency 1 Division 3 — Drug dependent persons 80. Practitioner to inform CEO of drug dependent status of patient 1 81. CEO may include drug dependent person on drugs of addiction record 1 82. Recording and notification of drug dependent status 1 83. Supply or prescription of drugs of addiction to or for drug dependent persons 1 Division 4 — Oversupplied persons 84. Practitioner to inform CEO of oversupplied status of client 1 85. CEO may include oversupplied person on drugs of addiction record 1 86. Recording and notification of oversupplied status 1 87. Supply or prescription of drugs of addiction to or for oversupplied persons 1 Division 5 — Drugs of addiction record 88. Drugs of addiction record 1 89. Purposes for which drugs of addiction record is kept 1 90. Amending information in drugs of addiction record 1 91. CEO may authorise disclosure of information 1 Division 6 — Review of decisions by State Administrative Tribunal 92. Review of decision to include person in drugs of addiction record 1 Part 7 — Investigation and enforcement Division 1 — Preliminary 93. Terms used 1 94. This Part's relationship with other laws 1 Division 2 — Investigators 95. Designation of investigators 1 96. CEO has functions of investigator 1 97. Police have functions of investigator 1 98. Identity cards 1 99. Production and display of identity card 1 100. Limitation on powers of investigators 1 Division 3 — Investigations 101. Investigations: purpose and procedure 1 102. Entry powers 1 103. Powers after entry for investigation 1 104. Obtaining information and documents 1 105. Use of force and assistance 1 106. Obstruction 1 107. Directions generally 1 108. Investigator may supply, obtain and possess poison 1 Division 4 — Entry warrants 109. Warrant to enter place 1 110. Issue of entry warrant 1 111. Effect of entry warrant 1 112. Execution of entry warrant 1 Division 5 — Seized things and forfeiture 113. Forfeiture on conviction 1 114. Disposal of seized and forfeited property 1 Division 6 — Penalties and other orders 115. General penalties 1 116. Order as to costs of analysis 1 117. Court to notify CEO of conviction of licensee, permit holder or authorised health professional 1 Division 7 — Liability of certain persons 118. Liability of officers for offence by body corporate 1 119. Liability of members of partnership for acts of other members of partnership 1 120. Liability of principal for acts of agent 1 121. Liability of employer for acts of employee 1 Division 8 — Legal proceedings 122. Who may commence proceedings 1 123. Time limit for prosecutions 1 Division 9 — Evidentiary matters 124. Terms used 1 125. Application of Division 1 126. Evidence of various matters 1 127. Evidence of purpose or intent 1 128. Evidence in relation to documents 1 129. Evidence of analysis of substance 1 130. Presumptions arising from labels 1 Part 8 — Regulations 131. General power to make regulations 1 132. Regulations may adopt codes 1 Part 9 — Miscellaneous 133. Protection from liability for wrongdoing 1 134. Information officially obtained to be confidential 1 135. Review of Act 1 Part 10 — Repeals and transitional provisions Division 1 — General 136. Interpretation Act 1984 not affected 1 Division 2 — Repeals 137. Poisons Act 1964 repealed 1 138. White Phosphorus Matches Prohibition Act 1912 repealed 1 139. Regulations repealed 1 Division 3 — Saving and transitional matters Subdivision 1 — Poisons Act 1964 140. Terms used 1 141. Continuation of licences and permits 1 142. Existing applications for licences or permits 1 143. Continuation of notices given to health professionals 1 144. Continuation of notices in relation to Schedule 6 poisons 1 145. Continuation of notices in relation to Schedule 7 poisons 1 146. Transitional regulations 1 Subdivision 2 — Drugs of Addiction Notification Regulations 1980 147. Transfer of information from former register to drugs of addiction record 1 Part 11 — Consequential amendments Division 1 — Health (Miscellaneous Provisions) Act 1911 amended 148. Act amended 1 149. Section 3 amended 1 150. Section 5 amended 1 151. Part VIIA heading replaced 1 Part VIIA — Pesticides 152. Part VIIA Division 1 heading replaced 1 Division 1 — Registration of analysts 153. Section 202 deleted 1 154. Part VIIA Divisions 5, 6 and 7 deleted 1 155. Section 246A amended 1 156. Part VIIA Division 9 deleted 1 158. Section 377 amended 1 159. Schedule 5 amended 1 Division 2 — Health Professionals (Special Events Exemption) Act 2000 amended 160. Act amended 1 161. Section 3 amended 1 162. Section 8 amended 1 163. Section 9 replaced 1 9. Supply of medicines 1 164. Section 11 amended 1 Division 3 — Misuse of Drugs Act 1981 amended 165. Act amended 1 166. Section 3 amended 1 167. Section 3B inserted 1 3B. Specified drugs 1 168. Section 4 amended 1 169. Section 5B inserted 1 5B. Authorisation under Medicines and Poisons Act 2014 1 170. Section 5 amended 1 171. Sections 6 and 7 replaced 1 6. Offences concerned with prohibited drugs generally 1 7. Offences concerned with prohibited plants generally 1 172. Section 7B amended 1 173. Section 8 deleted 1 174. Section 14 amended 1 175. Section 27 amended 1 176. Section 38D amended 1 177. Section 41 amended 1 178. Schedule I heading amended 1 Medicines and Poisons Act 2014 179. Schedule II heading replaced 1 Schedule II — Plants to which this Act applies 180. Schedule III amended 1 181. Schedule V amended 1 Division 4 — Other Acts amended 182. Biosecurity and Agriculture Management Act 2007 amended 1 183. Constitution Acts Amendment Act 1899 amended 1 184. Emergency Management Act 2005 amended 1 76A. Manufacture, supply and prescription of poisons 1 185. Fair Trading Act 2010 amended 1 186. Pharmacy Act 2010 amended 1 51A. Requirement to notify recording of information on register 1 187. Police (Medical and Other Expenses for Former Officers) Act 2008 amended 1 188. Road Traffic Act 1974 amended 1 189. Tobacco Products Control Act 2006 amended 1 190. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended 1 191. Workers' Compensation and Injury Management Act 1981 amended 1 Notes Compilation table 1 Uncommenced provisions table 1 Defined terms Western Australia Medicines and Poisons Act 2014 An Act — * to regulate and control the manufacture and supply of medicines and poisons; and * to repeal the Poisons Act 1964, the White Phosphorus Matches Prohibition Act 1912 and various regulations; and * to amend the Health (Miscellaneous Provisions) Act 1911, Misuse of Drugs Act 1981 and various other written laws and, for incidental and related purposes. [Long title amended: No. 19 of 2016 s. 170.]