Misuse of Drugs Amendment Regulations 1996 (WA)

3196 GOVERNMENT GAZETTE, WA [2 July 1996

Regulations 1996.

POLICE

PE301

MISUSE OF DRUGS ACT 1981

MISUSE OF DRUGS AMENDMENT REGULATIONS 1996

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Misuse of Drugs Amendment

2 July 19961 GOVERNMENT GAZETTE, WA 3197

Commencement

2.      These regulations come into operation on the day fixed under section 2 of

the Misuse of Drugs Amendment Act 1995.

Principal regulations

3. In these regulations the Misuse of Drugs Regulations 1982* are referred

to as the principal regulations.

[* Published in the Gazette on 13 August 1982.

For subsequent amendments, see 1995 Index to Legislation of Western Australia, Table 4, p. 197.1

Regulation 3 amended

4.     Regulation 3 of the principal regulations is amended in the definition of

"Form" by deleting "the Schedule to these regulations" and substituting the

following -

Schedule 1

Regulation 3A inserted

5.     The principal regulations are amended by inserting after regulation 3

the following regulation -

a

Prescribed universities

3A.	For the purposes of paragraph (a) (ii) of the definition of
"botanist" in section 3 (1) of the Act, the universities specified in	Schedule 2 are prescribed universities.

Regulation 7 amended

6.     Regulation 7 of the principal regulations is amended by deleting "or

prohibited plant", wherever it occurs, and substituting in each case the

following -

prohibited plant or dangerous substance

Regulations 7A and 7B inserted

7.     The principal regulations are amended by inserting after regulation 7

the following regulations -

"

Directions by Commissioner of Police for destruction of seized prohibited drugs, etc.

7A. For the purposes of section 27 (3) of the Act, a direction

shall be in the form of Form M.D. 8A.

Analysis or examination at request of defendant

713.     (1) For the purposes of section 27A (2) of the Act -

(a) a person who is the police officer for the time being in

charge of the Drug Squad is a prescribed person;

(b)	the prescribed period is 28 days; and
(c)	an application shall be accompanied by a fee of $50.

(2) For the purposes of section 27A (3) of the Act, an

application shall be in the form of Form M.D. 8B.

3198 GOVERNMENT GAZETTE, WA [2 July 1996

When an application is made under section 27A of the Act, the Commissioner or prescribed person receiving the application shall as soon as practicable cause sufficient samples of the thing to which the application relates to be conveyed in a numbered and sealed drug movement bag -

(3)

(a) in the case of a prohibited drug or dangerous

substance, to an approved analyst at the Chemistry

Centre (W.A.); or

in the case of a prohibited plant, to an approved

(b) botanist at the Western Australian Herbarium,

together with an unused drug movement bag.

conveyed to the approved analyst or approved botanist under (4) The investigating officer in respect of the samples

investigating officer, shall forthwith on that conveyance arrange	subregulation (3), or a police officer authorized by that
with -
(a)	the chosen analyst and the approved analyst for the

chosen analyst to attend at the Chemistry Centre

(W.A.) for the purpose of analysing; or

(b) the chosen botanist and the approved botanist for the

chosen botanist to attend at the Western Australian

Herbarium for the purpose of examining;

those samples.

(5) The approved analyst or approved botanist to whom a shall, in the presence of the chosen analyst or chosen botanist - drug movement bag has been conveyed under subregulation (3)

(a)	open the drug movement bag and
(b)give the samples to the chosen analyst or chosen	botanist, who shall forthwith proceed to analyse or
examine them.

completed his or heranalysis or examination, he or she shall (6) When the chosen analyst or chosen botanist has

return any residue of the samples to the approved analyst or

approved botanist, who shall -

(a)	place that residue together with the opened drug
movement bag, in the unused drug movement bag;
(b)	seal the unused drug movement bag; and
(c)	give the sealed drug movement bag to, or to a police

officer authorized by, the investigating officer.

The police officer to whom a sealed drug movement bag is given under subregulation (6) shall -

(7)

convey it to a police officer at the Drug Received

(a)	Room at Police Headquarters in Perth; and
(b)	obtain a receipt for it.
(8)	In this regulation -

"chosen analyst or botanist" means analyst or botanist chosen by the relevant applicant under section 27A of the Act;

"drug movement bag" means special bag used by police officers for the conveyance, free of contamination, of dangerous substances, prohibited drugs and prohibited plants;

2 July 19961 GOVERNMENT GAZETTE, WA 3199

"investigating officer" means police officer in charge of any investigation concerning a thing, sufficient samples of which are dealt with under this regulation;

"prescribed person" means prescribed person referred to

in subregulation (1) (a);

"sufficient samples" has the meaning given by section

27 (6) of the Act.

Regulation 9 amended

8.     Regulation 9 (1) of the principal regulations is amended by deleting "or

prohibited plant" and substituting the following -

prohibited plant or dangerous substance

Regulation 11 repealed and regulations 11 and hA substituted

9.      Regulation 11 of the principal regulations is repealed and the following

regulations are substituted -

a

Certificates of approved analysts or approved botanists

11. For the purposes of section 38 of the Act, a certificate given

by -

(a) M.D. 13; or

an approved analyst shall be in the form of Form

an approved botanist shall be in the form of Form

(b) M.D. 14.

Applications by defendants for copies of certificates

hA. For the purposes of section 38A of the Act, an application

for a copy of a certificate shall be in the form of Form M.D. 15.

Schedule amended

10.     (1) The Schedule to the principal regulations is amended by deleting

"SCHEDULE" and substituting the following -

SCHEDULE 1

(2) The Schedule to the principal regulations is amended by inserting

after Form M.D. 8 the following forms -

a

Form M.D. 8A

WESTERN AUSTRALIA..

MISUSE OF DRUGS ACT 1981.

MISUSE OF DRUGS REGULATIONS 1982.

DESTRUCTION OF PROHIBITED DRUGS, PROHIBITED

PLANTS OR DANGEROUS SUBSTANCES.

Laboratory reference No.

Police reference No.

3200 GOVERNMENT GAZETTE, WA (2 July 1996

I [insert name of Commissioner of Police or name and rank of Commissioner of Police* and being satisfied that - delegate], being the Commissioner of Police*/a delegate of the

(a)	it is not reasonably practicable to detain [insert particulars of prohibited drug, prohibited plant or
dangerous substance] until it is dealt with under section 27 (1) of the Act; and
(b)	sufficient samples of that prohibited drug*/prohibited plant*/dangerous substance* have been taken,

direct that that prohibited drug*/prohibited plant*/dangerous

with regulation 7 before it is dealt with under section 27 (1) of	substance* (apart from those samples) be destroyed in accordance
the Act.
Directed on
at

Signature of Commissioner of Police */delegate of

* Please delete iiiapplicable alternative. Commissioner of Police*

Form M.D. 8B

WESTERN AUSTRALIA,

MISUSE OF DRUGS ACT 1981.

MISUSE OF DRUGS REGULATIONS 1982.

APPLICATION TO HAVE SAMPLE OF PROHIBITED DRUG,

PROHIBITED PLANT OR DANGEROUS SUBSTANCE

ANALYSED OR EXAMINED BY ANALYST OR BOTANIST

CHOSEN BY DEFENDANT.

I [insert name and address of applicant], having been charged with [insert details of offence(s)] in relation to [insert details of prohibited drug, prohibitedplant or dangerous substance], hereby

apply to have a sample of [insert details of alleged prohibited drug, prohibited plant or dangerous substancei analysed or examined by [insert full name and address of analyst or botanist who is to carry out analysis or examinationi who is an analyst*/botanist* other than an approved analyst*/approved botanist*.

Analysis*/examination* applied for on	at
Signature of applicant
* Please delete inapplicable alternative.

(3)	Form M.D. 9 set out in the Schedule to the principal regulations is
amended by deleting "(not being a prohibited drug or plant)' and substituting	the following -

(not being a prohibited drug, prohibited plant or dangerous

substance)

amended by deleting "(not being a prohibited drug or prohibited plant)" and (4) Form M.D. 10 set out in the Schedule to the principal regulations is

substituting the following -

a

(not being a prohibited drug, prohibited plant or dangerous
substance)

2 July 19961 GOVERNMENT GAZETTE, WA 3201

(5) Form M.D. 13 set out in the Schedule to the principal regulations is

amended by -

(a) inserting after "CERTIFICATE OF' the following -

APPROVED ";

deleting "analyst appointed under the Health Act 1911" and

(b) substituting the following -

approved analyst within the meaning of the Misuse of Drugs Act 1981

(c) deleting paragraph (a) and substituting the following -

a

(a)	I obtained*/received* for analysis the following quantity*/mass* of
marked from*/by*

on

(d) following - deleting "material" in paragraph (b) and substituting the

thing

(e) inserting after "of this certificate" the following -

by [insert details of method of analysis]

(f)	inserting at the end of paragraph (b) the following -
" ;and
(g)	inserting after paragraph (b) the following paragraph -

"

(c) the following other matters relating to my analysis should be noted

(h) inserting after "Signature of' the following -

approved "; and

(1) inserting after "Address of' the following -

approved

(6) Form M.D. 14 set out in the Schedule to the principal regulations is

amended by -

(a) inserting after "CERTIFICATE OF' the following -

APPROVED

(b) deleting "Agriculture" and substituting the following -

Conservation and Land Management

deleting "a botanist within the meaning of the Misuse of Drugs

(c) Act 1981" and substituting the following -

an approved botanist within the meaning of the
Misuse of Drugs Act 1981

3202 GOVERNMENT GAZETTE, WA [2 July 1996

(d) deleting paragraph (a) and substituting the following -

(a) I obtained*/received* for examination the

following quantity*/mass* of

marked

from*/by*

on

(e) following - deleting "material" in paragraph (b) and substituting the

thing

(f)	inserting after "of this certificate" the following - by [insert details of method of examination]
(g)	inserting at the end of paragraph (b) the following -
" ;and
(h)	inserting after paragraph (b) the following paragraph -

a

(c) the following other matters relating to my examination should be noted ;

(i)      inserting after "Signature of' the following -

approved "; and

(j) inserting after "Address of' the following -

approved

after Form M.D. 14 the following form -	(7) The Schedule to the principal regulations is amended by inserting
a

Form M.D. 15

WESTERN AUSTRALIA.

MISUSE OF DRUGS ACT 1981.

MISUSE OF DRUGS REGULATIONS 1982.

APPLICATION FOR COPY OF CERTIFICATE OF APPROVED

ANALYST OR APPROVED BOTANIST.

I [insert name of applicant defendant] apply for a copy of [insert

provided to me at (insert address at which copy of certificate can be provided to applicant defendant].	details of relevant certificate given under section 38 of Act] to be
Certificate applied for on at

Signature of applicant defendant SO

2 July 19961 GOVERNMENT GAZETTE, WA 3203

Schedule 2 inserted

11.  The principal regulations are amended by inserting after the existing

Schedule the following Schedule —

SCHEDULE 2 (Regulation 3A) PRESCRIBED UNIVERSITIES

Item	Prescribed university
Duke University (Durham, North Carolina, United States of America)
2	University of Aberdeen (Aberdeen, Scotland)
3	University of Alberta (Edmonton, Alberta, Canada)
4	University of California (Berkeley, California, United States of America)
5	University of Cambridge (Cambridge, England)
6	University of Canterbury (Christchurch, New Zealand)
7	University of Cape Town (Rondebosch, Cape Province, South Africa)
8	University of Malaya (Kuala Lumpur, Malaysia)
9	University of Pennsylvania (Philadelphia, Pennsylvania, United States of America)
10	University of Reading (Reading, Berkshire, England)

11               University of Singapore (Singapore)

By His Excellency's Command,

J. PRITCHARD, Clerk of the Council.