Misuse of Drugs Amendment Regulations 2004 (WA)

10 December 2004	GOVERNMENT GAZETTE, WA	5967
Misuse of Drugs Act 1981

Misuse of Drugs Amendment Regulations 2004

Made by the Governor in Executive Council.

1.             Citation

These regulations are the Misuse of Drugs Amendment
Regulations 2004.

2.             Commencement

These regulations come into operation on the day on which the
Misuse of Drugs Amendment Act 2004 comes into operation.

3.             The regulations amended

The amendments in these regulations are to the Misuse of Drugs
Regulations 1982*.

[* Reprinted as at 19 October 2001.]

4.	Regulations 4 to 5E inserted After regulation 3A the following regulations are inserted —
“

4.             Approved analysts (section 3(1))

For the purposes of paragraph (b) of the definition of “approved analyst” in section 3(1) of the Act, a person who belongs to a class set out in the Table to this regulation is an approved analyst.

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Table

Victoria

A person employed by the Government of Victoria as an
analyst for the purposes of section 120 of the Drugs,
Poisons and Controlled Substances Act 1981 of
Victoria.
The chief botanist or his or her delegate under the Royal

Botanic Gardens Act 1991 of Victoria.

Tasmania

A person appointed as an analyst under section 19 of the
Poisons Act 1971 of Tasmania.

The Tasmanian Government Analyst.

South Australia

A person appointed as an analyst under section 9 of the by the South Australian Governor, or the person so appointed to perform the duties of the South Australian Government analyst for the time being.
Drugs Act 1908 of South Australia.
The person for the time being holding the office of

Queensland

A person who, under section 4C(1) of the Drugs Misuse

Act 1986 of Queensland, is appointed as an analyst.

New South Wales

A person employed by the Government of New South
Wales as an analyst.
A person employed by a New South Wales area health
service (constituted under section 17 of the Health
Services Act 1997 of New South Wales) as an analyst.
A person who is an analyst appointed under section 37A
of the Poisons and Therapeutic Goods Act 1966 of New

South Wales.

Northern Territory

A person appointed under section 3(8) of the Misuse of
Drugs Act of the Northern Territory to be an analyst.

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Australian Capital Territory

A person appointed as an analyst under section 183 of
the Drugs of Dependence Act 1989 of the Australian
Capital Territory.

5.             Category 1 items

(1)	The substances specified in Schedule 3 Division 1 are designated as category 1 items.
(2)	The things specified in Schedule 3 Division 2 are designated as category 1 items.

5A. Category 2 items

(1)	The substances specified in Schedule 4 Division 1 are designated as category 2 items.
(2)	The things specified in Schedule 4 Division 2 are designated as category 2 items.

5B. Prescribed classes of person

(1) For the purposes of section 13(1)(b) of the Act, the
following classes of person are prescribed —

(a) dentist;

(b)	medical practitioner;
(c)	nurse practitioner;

(d) optometrist;

(e)	pharmaceutical chemist;
(f)	veterinary surgeon.

(2) In subregulation (1) —
“optometrist” means a registered optometrist as

defined in section 3 of the Optometrists Act 1940;

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“pharmaceutical chemist” has the meaning given to

that term in section 5(1) of the Pharmacy

Act 1964.

5C. Prescribed quantities
For the purposes of section 14(1) of the Act —

(a)	the quantity prescribed for a category 1 item is the quantity (if any) specified opposite that item in the third column of Schedule 3 Division 1; and
(b)	the quantity prescribed for a category 2 item is the quantity (if any) specified opposite that item in the third column of Schedule 4 Division 1.

5D. Declarations

(1)	For the purposes of sections 15(1)(c) and 17(1)(b)(i) of the Act, a declaration is to be in the form of Form M.D. 1.
(2)	For the purposes of sections 15(3) and 17(2) of the Act, a supplier is to give a copy of a completed declaration to the Commissioner by sending it by facsimile transmission to a telecommunication number provided by the Commissioner.
(3)	A copy of a declaration sent by facsimile under subregulation (2) must be completed in black ball point pen, to ensure the facsimile copy is legible.

5E.	Evidence of identity
For the purposes of section 15(1)(d) or 17(1)(b)(ii) of the Act, evidence of the identity of a person taking possession of a Category 1 item or a Category 2 item may consist of any one of the following —

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(a)	a current driver’s licence that displays a photograph of the person;
(b)	a certificate of the person’s Australian citizenship;
(c)	a document establishing the discharge of the person from any of the Australian defence forces;
(d)	a document establishing the person’s appointment as a Justice of the Peace;
(e)	a certificate of the person’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs;
(f)	a certificate of the person’s descent issued by the department of the Commonwealth public service responsible for the administration of immigration or issued by a consulate within Australia.

”.

5. Schedule 1 amended
Schedule 1 is amended as follows:

(a) by deleting “Schedule 1”, “(Regulation 3)” and “FORMS” and inserting instead —

“

Schedule 1 — Forms

[r. 3, 5D]
”;

(b) by inserting before Form M.D. 7 the following form —

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“

Form M.D. 1

WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
DECLARATION

The chemical product and/or the scientific apparatus I wish to complete this declaration and provide it to the supplier, together with a written order for the product or apparatus.

purchase is classified as a possible illicit drug precursor or auxiliary
reagent.

Catalogue No. Product name Quantity Pack size Order No.

The intended use for the chemical product and/or the scientific apparatus is:

Analytical
Research & Design
Manufacturing
Resale

Other

Please specify full details of assay, project, product customer and
other details of the purpose to which the product/apparatus will be put.

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Purchaser Details and Declaration

I, ……………………………….. being ………………………………

(Full name) (Position)

on behalf of …………………………………………………………….

(Company or Institution)

Address ………………………………………………………………... Contact Telephone No. …………… Account No. …….……. (ACN) declare that the above chemical product/apparatus will not be used by me, nor a recipient I represent, for the manufacture of illicit drugs.

Signature ……………………………………………. Date …………..

Identification (100 points / valid ID photo required – attach copy)
Current Passport No. ………………. Country of Issue ………………. Drivers Licence (with Photograph) No. ………….. Expiry date ………. Photo Identification Card Type ………………………………………. Further identifier(s) required by the regulations (if any)

………………………………………………………… ………………………………………………………….

Details of Collection Agent’s Identification (100 points / valid

photo ID required) (if different to purchaser)
Current Passport No. ………………. Country of Issue ……………….
Drivers Licence (with Photograph) No. ………….. Expiry date ……….
Photo Identification Card Type ……………………………………….
Further identifier(s) required by the regulations (if any)

…………………………………………………………

………………………………………………………….

Note:  Please attach a copy of all photo identification.
All applicable details on this declaration must be completed.

”.

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6.             Schedule 2 amended

Schedule 2 is amended by deleting “Schedule 2”,
“(Regulation 3A)” and “Prescribed universities” and inserting
instead —

“

Schedule 2 — Prescribed universities

[r. 3A]

”.

7.	Schedules 3 and 4 inserted After Schedule 2 the following Schedules are inserted —
“

Schedule 3 — Category 1 items

[r. 5, 5C]

Division 1 — Substances

Chemical name Alternate name Quantity

substance in seized sample

Acetic anhydride	50 ml
4-Amino-Butanoic acid	Piperidinic acid
Bromobenzene	Phenylbromide
Bromo safrole Boron tribromide
1, 4-Butanediol	Tetramethylene Glycol
1-Chlorophenyl-2-
aminopropane
L-Ephedrine (including salts)	Ethyl phenyl 37 g

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Chemical name Alternate name Quantity

substance in seized sample

Ethyl phenyl acetate	Benzene acetic acid, ethyl ester, methylbenzyl acetate
Gamma butyrolactone	3.5 ml
Gamma hydroxybutanoic	Gamma
acid (including salts)	hydroxybutyric acid
Hydroiodic acid	Hydrogen iodide 250 ml
4-Hydroxybutanal	4-Hydroxy butyraldehyde
2-Hydroxytetrahydrofuran	Tetrahydro- 2- furanol
4-Hydroxy-butanoic acid	Gamma-
lactone	valerolactone
4-Hydroxy-butanoic acid	4-Hydroxy
nitrile	butyronitrile
4-Hydroxy pentanoic acid	Gamma Valerolactone
Hypophosphorous acid	Phosphinic acid 39 ml
Iodine (including iodide	30 g
salts)
Methcathinone	Ephedrone
3, 4- Methylenedioxyphenylpropa n-2-one N-Methyl ephedrine
Methyl phenyl acetate	Benzeneacetic acid, Methyl ester, Benzyl Acetate
N-Methylpseudoephedrine

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Chemical name Alternate name Quantity

substance in seized sample

Norpseudoephedrine
2-Pyrrolidone Gamma-
butyrolactam

Phenylacetamide

Phenylacetic acid (including	33 ml
salts and esters)
Phenylacetonitrile	Benzyl cyanide, Benzeneacetonitrile Benzyl nitrile
Phenylacetyl chloride
1-Phenyl-2-chloropropane
1-Phenyl-2-nitropropene
Phenylpropanolamine	Norephedrine
1-Phenyl-1-Propanone	Phenylethylketone Propiophenone
1-Phenyl-2-propanone	Benzyl methyl 39 g
ketone Phenylacetone
1-Phenyl-2-propanone oxime
1-Phenyl-2-propanol
Phosphorus red/white	19 g
Phosphorous acid	Phosphonic Acid
Pseudoephedrine (including	37 g
salts) Pyridine

Division 2 — Things

Description	Details
Gas cylinder containing ammonia gas

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Schedule 4 — Category 2 items

[r. 5A, 5C]

Division 1 — Substances

Chemical name	Alternate name	Quantity of substance in seized sample
N-Acetylanthranilic	0-
acid	Acetamidobenzoic acid
Allylbenzene	3-Phenyl-1- propene, 2- Propenyl Benzene
Ammonium formate
Anthranilic acid	2-Aminobenzoic acid
Benzaldehyde
Benzyl chloride	a-Chlorotoluene
Benzyl bromide	a-Bromotoluene
Alkali metal - Calcium
Chromic acid (including salts)
Chromium trioxide	Chromium (VI) oxide
Ergometrine	Ergonovine
Ergotamine
Ethanamine	Monoethylamine
N-Ethylephedrine
N- Ethylpseudoephedrine

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Chemical name	Alternate name	Quantity of substance in seized sample
Formamide
Hydrobromic acid	Hydrogen bromide solution
Hypophosphite salts
Isosafrole	1, 3- Benzodioxole, 5- (1-propenyl)

Alkali metal - Lithium	7 g
Lysergic acid
Alkali metal - Magnesium

Methylamine (& gas)	Aminomethane/	135 ml
Monomethylamine
Methylammonium salts N-Methylformamide
Palladium (including salts) Phenylalanine Piperidine
Piperonal	3, 4-	50 g
Methylenedioxy- benzaldehyde, Heliotropine
Alkali metal - Potassium Propionic anhydride Raney nickel
69 ml
Safrole	5-(2-Propenyl)-1, 3-Benzodioxide
Sassafras oil	91 ml

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Chemical name	Alternate name	Quantity of substance in seized sample
Sodium Borohydride

Alkali metal - Sodium	24 g
Thionyl chloride
Thorium (including salts)

Division 2 — Things

Description	Details
Gas cylinder containing hydrogen sulphide gas
Gas cylinder containing hydrogen gas
Gas cylinder containing methylamine gas
Description	Details
Round bottom reaction	Capacity 500 ml or greater
flask	(including the repair or modification)
Condenser	Joint size B19 or greater
Splash Heads and Distillation Heads
Description	Details
Heating mantles	Capacity 500 ml or greater (including the repair or supply of parts)
Pill presses	Manual or mechanical
Rotary Evaporators

”.

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By Command of the Governor,

M. TRAVERS, Clerk of the Executive Council.

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