Misuse of Drugs Amendment Regulations 2015 (WA)

GOVERNMENT GAZETTE, WA 5 January 2016

JUSTICE

JU301*

Misuse of Drugs Act 1981

Misuse of Drugs Amendment Regulations 2015

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Misuse of Drugs Amendment
Regulations 2015.

2.            Commencement

These regulations come into operation as follows —

(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b) the rest of the regulations — on the day after that day.

3.            Regulations amended

These regulations amend the Misuse of Drugs Regulations 1982.

4.            Regulation 13 inserted

After regulation 12 insert:

13.          Fees (Act s. 8U(2)(c))

(1)	The fee to accompany an application under section 8U(1) of the Act to have a sample of the thing identified in a notice analysed by an approved analyst is to be calculated in accordance with subregulation (2).
(2)	Where the approved analyst requires —

test.

(a)	one test of a sample of a thing to provide a report of the analysis of the sample, the prescribed fee is $500 plus GST; or
(b)	more than one test of a sample of a thing to provide a report of the analysis of the sample, the prescribed fee is $500 plus GST for the first test and $200 plus GST for each subsequent

.ianuaiv 2016 GOVERNMENT GAZETTE, WA 5

Schedule 1 amended

In Schedule 1 after Form M.D. 813 insert:

Form M.D. 9

WESTERN AUSTRALIA

MISUSE OF DRUGS ACT 1981

MISUSE OF DRUGS REGULATIONS 1982

PSYCHOACTIVE SUBSTANCE DESTRUCTION NOTICE

Property reference No.........................

Police reference No............................

I .......................................................................................................

[Name and rank ofpolice officer]

having custody of a thing seized from you for being suspected to be a

psychoactive substance, comprising -

[describe the thing]

and -

(a)	being satisfied that no person will be tried with the
commission of an offence in relation to the thing*; or
(b)	having confirmed that a person was tried with the commission of an offence in relation to the thing and the person was not convicted of that offence*,

advise you

[Name and address ofpersonfronz whom the thing was seized]

that the suspected psychoactive substance will be destroyed on or after

the ......day of................20.......**

application is made under section 8U(1) of the Act to have a sample of unless, before that day, an

that suspected psychoactive substance analysed. An application is to

be accompanied by the analysis fee of $...........................

This Notice is given on the ......day of................20.......

Signature/rank/rego .................................................

* Delete inapplicable alternative.

** Must be at least 3 weeks after this notice is given

Personal Service

On the ............day of............20 ......at

I personally served the person named in the notice with this destruction notice -

E] by delivering a duplicate to him/her personally.

6 GOVERNMENT GAZETTE, WA 5 January 2016

E] by leaving a duplicate of it for him/her with ............................

............................at his/her last

known place of abode/principal office or place of business.

S ignature/rank/rego .....................................

Date...............................................................

Postal Service

On the ............ day of. ....................... 20.....I posted a copy of this destruction notice to the person named in the notice -

to his/her last known place of abode;

to his/her last known place of business/employment, by pre-paid

post/certified post/courier.

1J in case of a Corporation or Association, to the principal place of
business/principal office in this state.

Postal/Courier reference number .............................................

Courier company (if applicable) ..............................................

S ignature/rank/rego ......................................

Date...............................................................

Form M.D. 10

WESTERN AUSTRALIA

MISUSE OF DRUGS ACT 1981

MISUSE OF DRUGS REGULATIONS 1982

APPLICATION TO HAVE SAMPLE OF SUSPECTED

PSYCHOACTIVE SUBSTANCE ANALYSED OR EXAMINED BY APPROVED ANALYST

To: The Commissioner of Police

I..........................................................................................................

[Name and Address ofApplicant]

having been given a psychoactive substance destruction notice
(Property Reference No................, Police Reference No.............)* in

relation to -

[describe the thing]

apply to have a sample of that thing suspected to be a psychoactive
substance analysed by an approved analyst.

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This application is accompanied by the fee of $ , as set out on the relevant destruction notice and calculated in accordance with the Misuse of Drugs Regulations 1982 regulation 13.

**

Analysis applied for on at

Signature of applicant

* Reference numbers from the Notice.

** Must be before the destruction date in the Notice.

N. HAGLEY, Clerk of the Executive Council.