Poisons Act Amendment Act 1970 (WA)

No. 87.] Poisons. [1970.

POISONS.

No. 87 of 1970.

AN ACT to amend the Poisons Act, 1964-1969.

[Assented to 30th November, 1970.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Poisons Act

Amendment Act, 1970.

Act No. 70 of

1964 as	(2) In this Act the Poisons Act, 1964-1969, is
amended by

Acts Nos. 23 referred to as the principal Act.

of 1966, 28 and 51 of 1967 and 6 of 1969. (3) The principal Act as amended by this Act

may be cited as the Poisons Act, 1964-1970.

1970.] Poisons. [No. 87.

2. This Act shall come into operation on a date ,;ference

-to be fixed by proclamation.

to erzrent nas

3. Section 43A of the principal Act is amended

by adding after subsection (1) a subsection as saaliwxul

follows— supply by

(la) A person who commits an offence against persons.) certain

subsection (1) of this section is liable on sum- mary conviction by a court constituted by a stipendiary magistrate sitting alone, to a fine of four thousand dollars or to imprisonment for a term of ten years or to both the fine and imprisonment but the court convicting the person for the offence

(a)	shall commit him for sentence before The District Court of Western Aus- tralia which may pass sentence for the offence in accordance with this section and may make such order in relation to the convicted person as might be made by a court of summary jurisdic- tion convicting a person of an offence;
(b)	by warrant shall commit the convicted person to gaol until the sittings of the court by which he is to be sentenced or admit him to bail to appear before that court for sentence. .

4. Section 44 of the principal Act is amended— Amendment

(a) by repealing and re-enacting subsection icaRis

(2) as follows— Part.)

(2) A person who commits an offence against this Part, not being an offence for which a penalty is otherwise in this Part expressly provided, is liable upon conviction to a fine of two thousand dollars, or imprisonment for a term of three years, or to both the fine and imprisonment. ; and

No. 87.] Poisons. [1970.

(b) by substituting for the words commencing with the word "on" in line seven and end- ing with the word "Part" in line nine of subsection (4), the passage "on summary conviction to the same punishment and forfeiture and to be dealt with as if he had been convicted of the offence which he attempted to commit, or the offence which he solicited or incited another to commit".