Poisons Amendment Regulations 1995 (WA)

1026	GOVERNMENT GAZETTE, WA	117 March 1995
HE302

POISONS ACT 1964

POISONS AMENDMENT REGULATIONS 1995

Made by His Excellency the Governor in Executive Council.

Citation

1. These regulations may be cited as the Poisons Amendment Regulations

1995.

Principal regulations

2. In these regulations the Poisons Regulations 1965* are referred to as the

principal regulations.

[* Reprinted as at 7 February 1993.

For amendments to 27 January 1995 see 1993 Index to Legislation of Western Australia, Table 4, pp. 206-8, and Gazettes of .26 May, 24 June, 2 and 16 September and 23 December 1994.]

Regulation 52 amended

3. Regulation 52 (3) of the principal regulations is amended in paragraph

(m) by deleting "the drug" and substituting the following —

poison;

" subject to regulation 64, the drug

Heading inserted

4. After regulation 58 of the principal regulations the following heading is

inserted —

it

MISCELLANEOUS

Regulation 64 added

5. After regulation 63 of the principal regulations the following regulation

is added —

“

Substitution of one brand of a drug for another

64. (1) In this regulation —

"approved name", in relation to a poison, means the name
for the poison that is listed in the Australian Register
of Therapeutic Goods, other than a brand of the

17 March 1995] GOVERNMENT GAZETTE, WA 1027

"Australian Register of Therapeutic Goods" means the register of that name maintained under section 17 of the Therapeutic Goods Act 1989 of the Commonwealth;

"brand", in relation to a poison, means a name given to the poison by a manufacturer of it and listed in the Australian Register of Therapeutic Goods, other than its approved name.

(2) If a prescription issued by a medical practitioner or a dentist prescribes a poison and describes the poison by its approved name, a person dispensing the prescription may dispense or supply any brand of the poison.

(3) Except as provided by this regulation, if a prescription issued by a medical practitioner or a dentist prescribes a poison and describes the poison by reference to a brand of it, a person dispensing the prescription must not dispense or supply the poison other than in accordance with the description in the prescription.

(4) If a prescription issued by a medical practitioner or a dentist prescnbes a poison and describes the poison by reference to a brand of it, a person dispensing the prescription may dispense or supply any brand of the poison, unless the prescription shows a contrary intention.

(5) If a prescription issued by a medical practitioner in respect of a patient in a public hospital (as defined in the Hospitals Act 1927) prescribes a poison and describes the poison by reference to a brand of it, a person dispensing the prescription may dispense or supply any brand of the poison, whether or not the prescription indicates a contrary intention.

(6) For the purposes of this regulation, a contrary intention is shown on a prescription if it bears the words "No substitution" or words with a similar effect.

By His Excellency's Command,

M. C. WAUCHOPE, Clerk of the Council.