Medicines and Poisons Amendment Regulations (No. 2) 2024 (WA)
Western Australia
Medicines and Poisons Act 2014
Western Australia
Medicines and Poisons Act 2014
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on the day after that day.
These regulations amend the
After regulation 148 insert:
(1) The offences specified in Schedule 4 to these regulations are offences for which an infringement notice may be issued under the
Criminal Procedure Act 2004 Part 2.(2) The modified penalty specified opposite an offence in Schedule 4 to these regulations is the modified penalty for that offence for the purposes of the
Criminal Procedure Act 2004 section 5(3).
(1) The CEO may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the
Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence specified in Schedule 4 to these regulations.(2) The CEO must issue to each person appointed as an authorised officer under subregulation (1) a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.
(3) A person appointed as an authorised officer under subregulation (1) may show that they are an authorised officer by producing the certificate, badge or identity card issued to them under subregulation (2).
For the purposes of the
In this Part —
(1) For the purposes of section 15(1)(b), a person does not commit an offence under section 15(1) of supplying Schedule 6 nitrous oxide if the supply is —
(a) from a manufacturer to a wholesaler or retailer; or
(b) from a wholesaler to a wholesaler or retailer; or
(c) in an immediate container also containing sulfur dioxide; or
(d) to an approved recipient in an immediate container containing 10 g or less of nitrous oxide.
(2) For the purposes of subregulation (1)(d), each of the following is an
approved recipient —(a) the proprietor (as defined in the
Food Act 2008 section 8) of a food business registered under theFood Act 2008 Part 9;(b) the holder of a licence granted under the
Liquor Control Act 1988 (other than a liquor store licence as defined in section 3(1) of that Act);(c) a college established under the
Vocational Education and Training Act 1996 section 35;(d) a government school, or a non‑government school, as those terms are defined in the
School Education Act 1999 section 4;(e) a university established under a written law;
(f) a person who carries on a business of providing cooking education and training.
(1) A person who supplies Schedule 6 nitrous oxide must keep a proper record of the supply.
Penalty for this subregulation: a fine of $5 000.
(2) For the purposes of subregulation (1), a proper record of a supply is kept if a written record is —
(a) made of the following information —
(i) the date on which the nitrous oxide is supplied;
(ii) the brand, form and quantity of the nitrous oxide supplied;
(iii) the name, business address and delivery address (if applicable) of the person to whom the nitrous oxide is supplied;
and
(b) kept for at least 2 years from the date on which the nitrous oxide is supplied.
5. Schedules 4 and 5 inserted
After Schedule 3 insert:
[r. 148A]
s. 15(1) | Supplying Schedule 6 nitrous oxide | $6 000 |
s. 15(2) | Supplying Schedule 6 nitrous oxide where likely to pose a serious threat to health, safety and welfare | $6 000 |
r. 148F(1) | Failing to record supply of Schedule 6 nitrous oxide | $1 000 |
[r. 148C]
Name | ||||||
Address | ||||||
Date or period | ||||||
Place | ||||||
Written law contravened | ||||||
Details of offence | ||||||
Date of notice | ||||||
Name | ||||||
Signature | ||||||
$_________ | ||||||
/ / (Within 28 days after the date of this notice) | ||||||
It is alleged that you have committed the above offence. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice. | ||||||
By post | [ | |||||
Online | [ | |||||
By telephone | [ | |||||
Name | |||||
Address | |||||
Infringement notice no. | |||||
Date of issue | |||||
Date or period | |||||
Place | |||||
Written law contravened | |||||
Details of offence | |||||
Name | |||||
Signature | |||||
Date of withdrawal | |||||
The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund. | |||||
* Your refund is enclosed. or * You may claim your refund by signing and dating this notice and sending it to: Approved Officer — | |||||
N. HAGLEY, Clerk of the Executive Council
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