Poisons Act Amendment Act 1978 (WA)

WESTERN AUSTRALIA.

POISONS.

No. 43 of 1978.

AN ACT to amend the Poisons Act, 1964-1970.

[Assented to 29th August, 1978.]

RE 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

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

Amendment Act, 1978. citation.

(2) In this Act the Poisons Act, 1964-1970 is Approved for

referred to as the principal Act.	reprint
14th Decem-
ber, 1971.

(3) The principal Act as amended by this Act

may be cited as the Poisons Act, 1964-1978.

2. This Act shall come into operation on a date

to be fixed by proclamation.

No. 43.] Poisons. [1978.

Section 23

amended. 3. Section 23 of the principal Act is amended

(a) by adding after subsection (1) the follow- ing subsection

(1a) Except as provided by subsection (2) of this section, a person shall not write, issue or authorise any prescription or document prescribing the use, sale or supply of a drug of addiction or a specified drug by, to, or in relation to any person. ; and

(b) as to subsection (2)-

(i)   by deleting the word "and" at the end of paragraph (b);

(ii)    by deleting the passage "poison," at the end of paragraph (c) and sub- stituting the passage

poison; and

(d) a medical practitioner, veter- inary surgeon or dentist is authorised to write, issue or authorise a prescription or document prescribing the use, sale or supply of a drug of addiction or a specified drug in the lawful practice of his profession, .

Section 90

amended. 4. Section 40 of the principal Act is amended

(a)	by adding immediately before the word "licence" in line three of paragraph (b) the passage "authority,";
(b)	by adding after paragraph (b) the follow- ing paragraph-

(ba) contravenes or fails to comply with any conditions, limitation or restric- tion of any notice given by the Commissioner pursuant to the

1978.] Poisons. [No. 43.

regulations made under paragraph (ha) of subsection (2) of section sixty-four of this Act; ; and

by deleting the words "Two hundred

(c) dollars" in the last line and substituting the following passage

For a first offence, five hundred dollars; for a second or subsequent offence, three thousand dollars. .

5.    Section 43A of the principal Act is repealed. .7-gateld43A

6.    Subsection (2) of section 44 of the principalSection 44amended.

Act is amended by deleting the words "two thousand dollars" in line four and substituting the words "three thousand dollars".

7.    Section 64 of the principal Act is amended— g=neg4

(a) as to subsection (2), by adding after para- graph (s) the following paragraph-

(sa) prohibiting and regulating the issue by medical practitioners, dentists or veterinary surgeons of prescriptions containing any drug of addiction or any specified drug, or any class of drug of addiction or any class of specified drug, the dispensing of such prescriptions and the supply of drugs of addiction or specified drugs thereunder; ; and

(b) by adding after subsection (2) the follow- ing subsection

(2a) Regulations may be made under

this section requiring any person who is

licensed or otherwise authorised under

No. 43.] Poisons. [1978.

this Act to have in his possession, manufacture, supply or sell any poison, drug of addiction or specified drug to

(a)	retain any document, writing, prescription or authorisation or record thereof relating to the sale or supply of any drug of addiction or specified drug;
(b)	maintain such records relating to the sale or supply of drugs of addiction or specified drugs as may be prescribed;
(c)	deliver up any document, pre- scription, authorisation or record thereof relating to the sale or supply of a drug of addiction or specified drug upon request made by any inspector appointed under the Health Act, 1911 or to any other person authorised in that behalf by the Minister.

(2b) Regulations made under sub- section (2a) of this section may be made so as to apply

(a)

generally, or to a particular drug of addiction or particular specified drug or to particular classes thereof;

(b)

generally, or to particular

classes of persons,

and may make differing provisions as regards classes of persons and classes of drugs of addiction or specified drugs. .