Poisons Amendment Regulations (No. 2) 1996 (WA)
| 1216 | GOVERNMENT GAZETTE, WA | (19 March 1996 |
| 11E306 |
POISONS ACT 1964
POISONS AMENDMENT REGULATIONS (No. 2) 1996
Made by His Excellency the Governor in Executive Council.
Citation
1. These regulations may be cited as the Poisons Amendment Regulations
(No. 2) 1996.
Commencement
(a) in the definition of "distributor" by deleting "or hazardous
substance";(b)
by deleting the definition of "Fourth Schedule drug";
2. These regulations come into operation on the day fixed as the day on
which the Poisons Amendment Act 1995 comes into operation.
Principal regulations
3. In these regulations the Poisons Regulations 1965* are referred to as the
principal regulations.
r Reprinted as at 7 January 1993.
For amendments to 28 February 1996 see 1994 Index to Legislation of Western Australia, Table 4, pp. 214-217, and Gazette, 3 February, 17 March, 28 April, 27 June, 5 and 19 September 1995 and 17 January 1996.1
Regulation 2 amended
4. Regulation 2 of the principal regulations is amended —
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(c) in the definition of "immediate container" by deleting "or hazardous substance"; (d) by deleting the definition of "internal"; (e) in the definition of "manufacture" by deleting "or hazardous substance (including such substance in the raw state)"; (f) in the definition of "manufacturer" by deleting "or hazardous substance"; (g) by deleting the definition of "new drug"; and (h) by deleting the definition of "SUSDP" and substituting the following definitions - "
"Schedule" has the meaning given in the Act;
"SUSDP" has the meaning given in clause 1 (1) of Appendix A to the Act; "
Regulation 2AA inserted
5. After regulation 2 of the principal regulations the following regulation is
inserted -
"
Prescribed office (section 64B)
2AA. For the purposes of section 64B of the Act, the office of the Pharmaceutical Services, Environmental Health Branch of the Department, located at Grace Vaughan House, 227 Stubbs Terrace, Shenton Park, is prescribed as the office of the department at which a copy of every standard referred to in the Act is to be kept and made available to the public for inspection.
"
Regulation 2A amended
6. Regulation 2A of the principal regulations is amended -
(a) by deleting "in the Eighth Schedule declared to be poisons" and
substituting the following - 44
included in Schedule 8 and Schedule 9 "; and
(b) in paragraph (c) by deleting "in the Fifth Schedule" and substituting the following - it
included in Schedule 5
Regulation 6 repealed
7. Regulation 6 of the principal regulations is repealed.
Regulation 7 amended
8. Regulation 7 of the principal regulations is amended by deleting
"specified in either the Second or Sixth Schedules to the Act" and substituting
the following -44 PP
included in Schedule 2
| 1218 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
Regulation 8 amended
9. Regulation 7 of the principal regulations is amended by deleting
"specified in the Seventh Schedule to the Act" and substituting the
following -
"
cc
included in Schedule 7
Regulation SA amended
10. Regulation SA of the principal regulations is amended -
(a) in subregulation (1) - by deleting "wholesale dealer" and substituting the
(i) following -
cc
wholesale supplier "; and
by deleting "specified in the Second Third or Fourth
(ii) Schedules to the Act" and substituting tcie following -
cc
included in Schedule 2, 3 or 4 ";
(b) in subregulation (3) by deleting "wholesale dealer" and substituting the following - cc wholesale supplier
(c) in subregulation (4) by deleting "wholesale dealer" in the 7 places where it occurs and substituting in each case the following - cc
wholesale supplier ";
(d) substituting the following - in subregulation (6) by deleting "wholesale dealer" and
it wholesale supplier
(e) substituting the following - in subregulation (10) by deleting "wholesale dealer" and cc wholesale supplier
(f) in subregulation (12) by deleting "wholesaler's" and substituting the following - cc
wholesale supplier's "; and
(g) "specified in the Second, Third or Fourth Schedule." an in subregulation (16) in the definition of "sample" by deleting substituting the following - cc included in Schedule 2, 3 or 4.
Regulation 9 amended
11. Regulation 9 of the principal regulations is amended by deleting
"wholesale dealer" and substituting the following -
cc
wholesale supplier ".
Regulation 10 amended
12. Regulation 10 of the principal regulations is amended by deleting
"wholesale dealer" and substituting the following -
wholesale supplier ".
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Regulation 10A amended
13. Regulation 10A of the principal regulations is amended -
(a) substituting the following - in subregulation (1) by deleting "wholesale dealer" and it
wholesale supplier "; and
(b) in subregulation (2) (b) by deleting "Hospitals Act 1927." and substituting the following -
it ,,
Hospitals and Health Services Act 1927.
Regulation 12 repealed and a regulation substituted
14. Regulation 12 of the principal regulations is repealed and the following
regulation is substituted -
it
Application for licence or permit (ss. 24 and 25)
12. (1) A person who wishes to apply for a licence under section 24 of the Act or a permit under section 25 of the Act shall
lodge with the Commissioner of Health an application in such form as may be approved by the Commissioner of Health from time to time for that purpose.
An applicant under this regulation must indicate in the
application whether the application is for a period of one year or
for 3 years.
(2)
The appropriate fees for licences or permits, and behalf of a corporate body or firm the application shall contain (4) Where the applicant for a licence or permit applies on
renewals of licences or permits, are those set out in Appendix G. (3) the name of a natural person who, in respect of the premises named in the application, shall be responsible for carrying out the provisions of the Act and these regulations.
application and issue a licence or permit, or renew a licence or (5) The Commissioner of Health may only grant an
permit, if the application under this regulation is accompanied by
the appropriate fee set out in Appendix G.
Regulations 13 and 14 repealed 15. Regulations 13 and 14 of the principal regulations are repealed.
Regulation 19 amended
16. Regulation 19 of the principal regulations is amended -
(a)
in subregulation (1) by deleting "or hazardous substance" in the 2 places where it occurs;
(b) in subregulation (2) by deleting "or hazardous substance"; (c) by repealing subregulation (3); and (d) by deleting the Table to that regulation.
Regulation 19AA amended
17. Regulation 19AA of the principal regulations is amended -
(a) in subregulation (1) by deleting "or hazardous substance" in the 2 places where it occurs;
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(b) in subreg1lation (2) by deleting "a Second, Third, Fourth or Eighth Schedule" and substituting the following - "
a Schedule 2, 3, 4, 8 or 9 "; and
(c) in subregulation (3) by deleting "or hazardous substance".
Regulation 19A amended
18. Regulation 19A of the principal regulations is amended -
(a) in paragraph (a) by deleting "or hazardous substance"; and (b) in paragraph (b) by deleting "or hazardous substance".
Regulation 21 amended
19. Regulation 21 (1) of the principal regulations is amended by deleting
"or hazardous substance".
Regulation 21A amended
20. Regulation 21A (1) of the principal regulations is amended by inserting
after "Appendix K" the following -
"
of the SUSDP ".
Regulation 24A amended
21. Regulation 24A of the principal regulations is amended by deleting "or
hazardous substance" in the 2 places where it occurs.
Regulation 30 amended
22. Regulation 30 of the principal regulations is amended -
(a) by deleting "a hazardous substance or"; and (b) by deleting "or hazardous substance" in the 3 places where it
occurs.
Regulation 32 amended
23. Regulation 32 of the principal regulations is amended by deleting
"member of the Police Force" and substituting the following -
" police officer Regulation 34D repealed
24. Regulation 34D of the principal regulations is repealed.
Regulation 35 amended
25. Regulation 35 of the principal regulations is amended by deleting
"referred to in the Second Schedule" and substituting the following -
44
included in Schedule 2 ".
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Regulation 35A amended
26. Regulation 35A of the principal regulations is amended -
(a) Schedule and substituting the following - in subreulation (la) by deleting "referred to in the Third "
included in Schedule 3 "; and
(b) in subregulation (3) by deleting "any inspector appointed under the Health Act 1911 or to a person authorized in that behalf by the Minister." and substituting the following - tt an authorized officer
Regulation 35AA amended
27. Regulation 35AA of the principal regulations is amended by deleting
"referred to in the Third Schedule" and substituting the following -
included in Schedule 3 ".
Regulation 35B amended
28. Regulation 35B of the principal regulations is amended by deleting
"referred to in the Third Schedule" and substituting the following -
tt
included in Schedule 3 ".
Regulation 35C amended
29. Regulation 35C of the principal regulations is amended by deleting
"referred to in the Third Schedule" and substituting the following -
included in Schedule 3
Regulation 35D amended
30. Regulation 35D of the principal regulations is amended by deleting
"referred to in the Fourth Schedule" and substituting the following -
44
included in Schedule 4
Regulation 36 amended 31. Regulation 36 of the principal regulations is amended -
(a) in subregulation (1) - by deleting "Fourth Schedule drug" and substituting the
(i) following -
".
" poison included in Schedule 4
(ii) occurs and substituting in each place the following - in paragraph (a) by deleting "drug" in the 2 places where it " poison
(iii) in paragraph (b) by deleting "drug" in the 2 places where it occurs and substituting in each place the following - " poison "; (iv) occurs and substituting in each place the following - in paragraph (c) by deleting "drug" in the 5 places where it 44
poison "; and
| 1222 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
(v) in paragraph (d) by deleting "drug" in the 2 places where it
occurs and substituting in each place the following -
poison ";
(b) in subreulation (2) by deleting "Fourth Schedule drug." and
substituting the following -cc
poison included in Schedule 4.
(c) in subregulation (3) (c) -
(i) in subparagraph (ii) by deleting "drug" in the 2 places where it occurs and substituting in each place the following -
cc
poison ";
(ii) in subparagraph (iv) by deleting "drug" and substituting the following - cc
poison "; and
(iii) in subparagraph (v) by deleting "Fourth Schedule drug" and substituting the following - 49
poison included in Schedule 4 ";
(d) in subreulation (3) (e) by deleting "Fourth Schedule drug" and
substituting the following -44
poison included in Schedule 4 "; and
(e) in subregulation (4) -
(i) following - by deleting "Fourth Schedule drugs" and substituting the
44
poisons included in Schedule 4 "; and
(ii) in paragraph (b) by deleting "drugs" and substituting the following - " poisons
Regulation 37 amended
32. Regulation 37 (1) of the principal regulations is amended by deleting
"Fourth Schedule drug" and substituting the following -
poison included in Schedule 4
Regulation 38 amended
33. Regulation 38 of the principal regulations is amended by deleting
"Fourth Schedule drug" and substituting the following -
" poison included in Schedule 4 ". Regulation 38A amended
34. Regulation 38A (2) (c) of the principal regulations is amended by
deleting wholesaler" and substituting the following -
44
wholesale supplier
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Regulation 38AA amended
35. Regulation 38AA of the principal regulations is amended -
(a) in subregulation (1) - (i) by deleting "Fourth Schedule drug" and substituting the
following -
44
poison included in Schedule 4 "; and
(ii) by deleting "the drug" and substituting the following -
the poison "; and
(b) in subregulation (2) by deleting "Fourth Schedule drug" and substituting the following -
44 ,, poison included in Schedule 4
Regulation 38G amended
36. Regulation 38G (2) (b) of the_princjpal regulations is amended by
deleting "WARNING - CAUSES BIRTH DEFECTS". " and substituting the
following -
"
"WARNING - CAUSES BIRTH DEFECTS
DO NOT USE IF PREGNANT OR LIKELY TO BECOME PREGNANT".
"
Regulation 38J repealed
37. Regulation 38J of the principal regulations is repealed.
Regulation 38M amended
38. Regulation 38M (b) of the principal regulations is amended by deleting
"a medical practitioner specialising in psychiatry;" and substituting the
following -
" " psychiatrist;
Regulation 38N amended
39. Regulation 38N of the principal regulations is amended -
(a) by deleting "Fourth Schedule nitrofuran derivatives" and substituting the following "
nitrofuran derivatives included in Schedule 4 and
and
(b) by deleting "drugs" and substituting the following -
" poisons
Regulation 39 amended
40. Regulation 39 (1) of the principal regulations is amended -
(a)
by deleting "Fourth Schedule drug" and substituting the following -
44
poison included in Schedule 4
(b) in paragraph (b) by deleting "drug" and substituting the following - "
poison
| 1224 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
(c) following - in paragraph (c) by deleting "drugs" and substituting the poisons
(d) following - in paragraph (c) by deleting "drug" and substituting the 44
poison "; and
(e) following - in paragraph (d) by deleting "drug." and substituting the " poison.
Regulation 39A amended
41. Regulation 39A of the principal regulations is amended -
(a) in subregulation (1) by deleting "Fourth Schedule drug" and substituting the following - ".
44
poison included in Schedule 4
(b)
in subregulation (2) by deleting "officer authorized in that behalf by the Commissioner of Health." and substituting the following -
" authorized officer. "; and (c) in subregulation (3) by deleting "Fourth Schedule drugs" and
substituting the following -
" poisons included in Schedule 4
Regulation 39B amended
42. Regulation 39B of the principal regulations is amended -
(a) in subregulation (1) by deleting "Fourth Schedule drug" and substituting the following - 44
poison included in Schedule 4
(b) in subregulation (2) - by deleting "Fourth Schedule drug" and substituting the
(i) following -
44
poison included in Schedule 4 "; and
(ii) by deleting "the drug" and substituting the following -
44 ". the poison
(c) in subregulation (3) by deleting "Fourth Schedule drug" and
substituting the following -"
poison included in Schedule 4 "; and
(d) in subregulation (4) -
(i) following - by deleting "Fourth Schedule drug" and substituting the
" poison included in Schedule 4 "; and (ii) by deleting "the drug" and substituting the following -
44
the poison " .
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Regulation 40 amended
43. Regulation 40 of the principal regulations is amended -
(a) in subregulation (1) -
(i) in paragraph (f) by deleting "Hospitals Act 1927;" and substituting the following - 44
Hospitals and Health Services Act 1927; "; and
(ii) by deleting "Fourth Schedule drug" in the 2 places where it
occurs and substituting in each place the following -
".
44
poison included in Schedule 4
(b) in subregulation (la) -
(i) following - by deleting "Fourth Schedule drug" and substituting the
14
poison included in Schedule 4 "; and
by deleting "the drug" in the 3 places where it occurs and
(ii) substituting in each place the following -
44
the poison "; and
(c) in subregulation (2) by deleting "Fourth Schedule drug" in the 2
laces where it occurs and substituting in each place the
p ollowing -
" " poison included in Schedule 4
Regulation 41 amended
44. Regulation 41 of the principal regulations is amended -
(a) by deleting the regulation designation "41." and substituting the regulation designation "40A.";
by deleting "Fourth Schedule drug" and substituting the
(b) following -
" ". poison included in Schedule 4
(c) by deleting "that drug" and substituting the following - 14
that poison "; and
(d) in paragraph (a) by deleting "the drug;" and substituting the following - 44 11
the poison;
New regulation 41 inserted
45. After regulation 40A of the principal regulations the following
regulation is inserted -"
Revocation notice in relation to Schedule 6 poisons
41. The Commissioner of Health may, by notice given to a authority conferred on that person by that section in relation to
person referred to in section 23 (4) of the Act, revoke the
poisons included in Schedule 6, and that revocation may be -
(a) total or subject to strict conditions;
| 1226 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
made in respect of all or any poisons to which the
(b) authority relates; and (c) may be amended or revoked by a further notice.
Regulation 41A repealed and a regulation substituted
46. Regulation 41A of the principal regulations is repealed and the
following regulation is substituted -
"
Sale of poisons included in Schedule 7
41A. (1) A person who sells, by retail, any poisons included in Schedule 7 shall, in addition to any conditions and restrictions
imposed by notice issued in accordance with these regulations, keep a record of sale by keeping and maintaining a register in accordance with this regulation.
(2) A person recording a sale for the purposes of subregulation (1) shall, before delivering the poison to the
purchaser, record in a register kept for that purpose particulars
of - (a) the date of sale; (b) the name, occupation and address of the purchaser; (c) the nature and quantity of the poison sold; (d) the address to which the poison is to be delivered, if that address differs from the address recorded under
paragraph (b); and
(e) the place and purpose of intended use, and obtain the signature of the purchaser to the entry in the
register.
forms - (3) The register shall be kept in one of the following
(a) a book with each recording written in ink; or
(b) in a form of electronic means. regulation shall - (4) A person keeping a register for the purposes of this (a) keep that register for a period of at least 2 years at the licensed premises; and
produce the register for inspection on demand by an
(b) authorized officer.
Regulation 41B amended
47. Regulation 41B of the principal regulations is amended by deleting
"referred to in the Third, Fourth or Seventh Schedule" and substituting the
following -
tc included in Schedule 3, 4 or 7
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Regulation 41C amended
48. Regulation 41C of the principal regulations is amended -
(a) by deleting "referred to in the Seventh Schedule" and substituting Ye following -
44
included in Schedule 7 "; and
(b)
in paragraph (c) by deleting "Seventh Schedule substances" and substituting the following -
cc " substances included in Schedule 7
Regulation 42 amended
49. Regulation 42 of the principal regulations is amended -
(a) in subregulation (1) by deleting "drug of addiction" in the 2 places where it occurs and substituting in each place the following -
" ". poison included in Schedule 8
(b) in subregulation (2) by deleting "drug of addiction" in the 2 places where it occurs and substituting in each place the following - 49 ".
poison included in Schedule 8
(c) in subregulation (3) by deleting "drug of addiction" in the 2 places where it occurs and substituting in each place the following - "
poison included in Schedule 8 "; and
(d)
in subregulation (4) by deleting "drugs of addiction" and substituting the following -
cc " poisons included in Schedule 8
Regulation 43 amended
50. Regulation 43 of the principal regulations is amended -
(a) in subregulation (1) by deleting "drug of addiction" in the 4 places where it occurs and substituting in each place the following -
49 poison included in Schedule 8 "; and
(b) in subregulation (2) by deleting "drug of addiction" and substituting the following -
CC " poison included in Schedule 8
Regulation 43A repealed and a regulation substituted
51. Regulation 43A of the principal regulations is repealed and the
following regulation is substituted -
41
Revocation notice in relation to Schedule 8 poisons and specified drugs
43A. The Commissioner of Health may, by notice given to a authority conferred on that person by that section in relation to person referred to in section 23 (2) of the Acts revoke the
poisons included in Schedule 8 or specified drugs or both, and
that revocation may be -
(a) total or subject to strict conditions;
| 1228 | GOVERNMENT GAZETTE, WA | (19 March 1996 |
(b) made inrespect of all or any specified drugs or poisons to which the authority relates; and
(c) may be amended or revoked by a further notice.
Regulation 44A amended
52. Regulation 44A of the principal regulations is amended -
(a) in subregulation (1) by deleting "drug of addiction" in the second
place where it occurs and substituting the following -".
it
poison included in Schedule 8
(b) in subregulation (2) (a) by deleting "authorized by the Minister under section 54 (1) of the Act;" and substituting the following - it
declared to be an authorized officer for the purposes of this regulation by the Minister under section 52A of the Act;
(c) in subregulation (3) -
(i) by deleting "drug of addiction" and substituting the following -
it
poison included in Schedule 8 "; and
(ii) by deleting "Eighth Schedule drugs" in the 2 places where
it occurs and substituting in each place the following -
',.
it
poisons included in Schedule 8
(d) in subregulation (4) -
(i) following - by deleting "drug of addiction" and substituting the
it
poison included in Schedule 8 "; and
(ii) by deleting "destroyed drug," and substituting the
following -
it ".
destroyed poison,
(e) in subregulation (6) -
(i) by deleting "drug of addiction" in the 2places where it occurs and substituting in each place the following -
it
poison included in Schedule 8 "; and
(ii) by deleting "the drug." and substituting the following -
it
the poison. "; and
(0 in subregulation (7) -
(i) by deleting "Eighth Schedule drugs" in the 2 places where
it occurs and substituting in each place the following -it
poisons included in Schedule 8 or Schedule 9
and
(ii) by deleting "drugs of addiction" in the 2 places where it occurs and substituting in each place the following - it
poisons included in Schedule 8 ".
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Regulation 46 amended
53. Regulation 46 (2) of the principal regulations is amended by deleting "a
person appointed or authorized by or under the Act to inspect those records."
and substituting the following -
an authorized officer. ".
Regulation 47 amended
54. Regulation 47 of the principal regulations is amended -
(a) the Act or regulations or by a member of the Police Force" and in subregulation (2) by deleting "a person authorized by or under substituting the following -
"
health officer) an authorized officer (other than an environmental and
(b) in subregulation (6) by deleting "drug" and substituting the following - "
poison
Regulation 48 amended
55. Regulation 48 of the principal regulations is amended -
(a)
in subregulation (1) by deleting "drugs of addiction" and substituting the following -
44
poisons included in Schedule 8 "; and
(b) poison included in Schedule 8 in subregulation (2) by deleting "drug of addiction" in the 2 places "
Regulation 49 amended
56. Regulation 49 of the principal regulations is amended -
(a) substituting the following - in subregulation (1) by deleting "drug of addiction" and
'' ',. poison included in Schedule 8
(b)
in subregulation (2) by deleting "drug of addiction" in the 2 places poison included in Schedule 8
where it occurs and substituting in each place the following -
";
(c) substituting the following - in subregulation (3) by deleting "drug of addiction" and
" ". poison included in Schedule 8
(d) in subregulation (4) by deleting "drug of addiction" in the 2 places where it occurs and substituting in each place the following - "
poison included in Schedule 8 "; and
(e) in subregulation (5) by deleting "drug of addiction" and substituting the following - 64 "
poison included in Schedule 8
| 1230 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
Regulation 50 amended
57. Regulation 50 of the principal regulations is amended -
(a) in paragraph (a) by deleting "drugs of addiction" in the 2 places where it occurs and substituting in each place the following - is
poisons included in Schedule 8 ";
(b) in paragraph (b) by deleting "drugs of addiction" in the 2 places where it occurs and substituting in each place the following - 44 poisons included in Schedule 8
(c) in paragraph (c) -
(i) following - by deleting "drug of addiction" and substituting the
it
poison included in Schedule 8 "; and
(ii) by deleting "the drug" and substituting the following -
CC
the poison "; and
(d) in paragraph (d) by deleting "drug of addiction" and substituting the following - "
it
poison included in Schedule 8
Regulation 51 amended
58. Regulation 51 (1) (iv) of the principal regulations is amended by
deleting 'the drug" in the 2 places where it occurs and substituting in each
place the following -
it
the poison
Regulation 51D amended
59. Regulation 51D (1) of the principal regulations is amended by deleting
"Hospitals Act 1927" in the 2 places where it occurs and substituting in each
place the following -
it " Hospitals and Health Services Act 1927
Regulation 51E amended 60. Regulation 51E of the principal regulations is amended by repealing
subregulation (7).
Regulation 51F amended
61. Regulation 51F of the principal regulations is amended -
(a) in subregulation (1) by deleting "drug of addiction" and substituting the following -
it ". poison included in Schedule 8
(b) in subregulation (2) by deleting "drug of addiction" in the 4 places where it occurs and substituting in each place the following - it poison included in Schedule 8
(c) in subregulation (4) by deleting "drug of addiction" in the 3 places where it occurs and substituting in each place the following - it poison included in Schedule 8
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(d) in subregulation (6) by deleting "drug of addiction" in the 2 places where it occurs and substituting in each place the following - it
poison included in Schedule 8 ";
(e) substituting the following - in subregulation (7) by deleting "drug of addiction" and it
poison included in Schedule 8 "; and
(f) by repealing subregulation (9).
Regulation 51G amended
62. Regulation 51G (1) of the principal regulations is amended by deleting
"drugs of addiction" in the 2 places where it occurs and substituting in each
place the following -
" " poisons included in Schedule 8
Regulation 52 amended
63. Regulation 52 of the principal regulations is amended -
(a) in subregulation (3) -
(i) substituting the following - in subparagraphs (iii) and (iv) by deleting "drug" and it
poison "; and
(ii) by deleting "drug of addiction issued" and substituting the following -
it
poison included in Schedule 8 issued "; and
(b) in subregulation (8) by deleting "drug of addiction upon request made by any inspector appointed under the Health Act 1911 or to any other person authorized in that behalf by the Minister." and substituting the following - it
an authorized officer (other than an environmental poison included in Schedule 8 upon request made by
health officer). IP
Regulation 52A amended
64. Regulation 52A of the principal regulations is amended by deleting
"wholesalers" and substituting the following -
49
wholesale suppliers ".
Regulation 52B amended
65. Regulation 52B (2) of the principal regulations is amended by deleting
"drug" in the 2 places where it occurs and substituting in each place the
following -
it " poison
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Regulation 53 amended
66. Regulation 53 of the principal regulations is amended -
(a) in subregulation (1) by deleting "drug of addiction" in the 2 places where it occurs and substituting in each place the following - 96
poison included in Schedule 8 "; and
(b) substituting the following - in subregulation (2) by deleting "drug of addiction" and 41 "
poison included in Schedule 8
Regulation 53A amended
67. Regulation 53A of the principal regulations is amended -
(a) substituting the following - in subregulation (1) by deleting "drugs of addiction" and 96
poisons included in Schedule 8 "; and
(b) substituting the following - in subregulation (2) by deleting "drug of addiction" and 41 ,'
poison included in Schedule 8
Regulation 54 amended
68. Regulation 54 of the principal regulations is amended -
(a) in subregulation (1) - (i) by deleting "drug of addiction" in the 2 places where it
occurs and substituting in each place the following -
" ".
poison included in Schedule 8
(ii) by deleting "drug of dependence" and substituting the
following -
poison included in Schedule 8 "; and
(iii) following - in paragraph (b) by deleting "drugs" and substituting the 41 and poisons
(b) in subregulation (2) by deleting "drug of addiction" in the 4 places
where it occurs and substituting in each place the following -"
poison included in Schedule 8
Regulation 54A amended
69. Regulation 54A of the principal regulations is amended by deleting
"drug" and substituting the following -
44 "
poison
Regulation 56 amended
70. Regulation 56 of the principal regulations is amended -
(a) in subregulation (1) by deleting "the drug or drugs" and substituting the following - 99
the poison
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(b) in subregulation (2) by deleting "the drug or drugs" and substituting the following -
49
the poison
(c) in subregulation (3) (a) by deleting "the drug" and substituting the following -
cc
the poison
(d) in subregulation (3) (aa) by deleting "the drug" and substituting the following -
the poison "; and
(e) in subregulation (3) (d) -
(i) by deleting "drug of addiction" and substituting the following -
"
poison included in Schedule 8 "; and
(ii) by deleting "the drug" and substituting the following -
99
the poison ".
Regulation 56A amended
71. Regulation 56A of the principal regulations is amended -
(a) substituting the following - in subregulation (1) by deleting "drug, or drugs, of addiction." and 99
poison included in Schedule 8. "; and
(b) in subregulation (2) by deleting "drug of addiction" and substituting the following - is poison included in Schedule 8
Regulation 56E amended
72. Regulation 56E of the principal regulations is amended -
(a) by deleting "drug of addiction" and substituting the following -
" poison included in Schedule 8 "; and
(b) by deleting "the drug" and substituting the following -
is the poison ".
Regulation 56G amended
73. Regulation 56G of the principal regulations is amended -
(a) by deleting "drug of addiction" and substituting the following - cc
poison included in Schedule 8
(b) by deleting "the drug" and substituting the following -
is the poison "; and (c) by deleting "drugs of addiction." and substituting the following - poisons included in Schedule 8.
| 1234 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
Regulation 56H amended
74. Regulation 56H of theprincipal regulations is amended by deleting
"drug of addiction" in the 2 places where it occurs and substituting in each
place the following -
cc ,, poison included in Schedule 8
Regulation 64 amended
75. Regulation 64 (5) of the principal regulations is amended by deleting
"Hospitals Act 1927" and substituting the following -
Hospitals and Health Services Act 1927
Regulation 65 inserted
76. After regulation 64 of the principal regulations the following regulation
is inserted -
"
Form of warrant (s. 55A)
65. A warrant under section 55A of the Act is to be in the form of Form 15 in Appendix A.
PP
Appendix A amended
77. (1) Appendix A to the principal regulations is amended -
(a) in Form 1 - (i) in the heading to that Form by deleting "DRUGS OF
ADDICTION" and substituting the following -
44
POISONS INCLUDED IN SCHEDULE 8 "; and
(ii) by deleting "poisons specified in the *1st, 2nd, 3rd, 4th, 6th,
7th Schedules" and substituting the following -
44 poisons included in Schedules *1, 2, 3, 4, or 7
(b) by deleting Form 1A; (c) in Form 2 -
(i) in the heading to that Form by deleting "DRUGS OF ADDICTION" and substituting the following -
44
POISONS INCLUDED IN SCHEDULE 8 "; and
deleting "drugs of addiction" in the 3 places where it occurs
(ii) and substituting in each place the following -
44
poisons included in Schedule 8
(d) by deleting Form 2A; (e) by deleting Form 3A; (0 by deleting Form 4; (g) by deleting Form 4A;
| 19 March 19961 | GOVERNMENT GAZETTE, WA | 1235 |
(h) in Form 5 -
(i) THE 2ND OR 6TH SCHEDULE" and substituting the in the heading to that Form by deleting "SPECIFIED IN
following -
cc
INCLUDED IN SCHEDULE 2 "; and
(ii) deleting "specified in the 2nd or 6th Schedules" and substituting the following - 44
included in Schedule 2
by deleting Form 5A;
in Form 6 -(i) in the heading to that Form by deleting "SPECIFIED IN THE 7TH SCHEDULE" and substituting the following -
44
INCLUDED IN SCHEDULE 7 "; and deleting "specified in the 7th Schedule -" and substituting
(ii) the following -
it
included in Schedule 7 -
by deleting Form 6A;
in Form 6B -by deleting "wholesale dealers" and substituting the
(i) following -
cc ". wholesale suppliers
(ii) by deleting "specified in the Second, Third or Fourth
Schedules" and substituting the following -
44
included in Schedule 2, 3 or 4 "; and
(iii) by deleting "wholesalers" and substituting the following -
" wholesale suppliers (m) by deleting Form 6C;
(n) in Form 7 -
(i) by deleting "from a manufacturer or wholesale dealer"; and
(ii) by deleting paragraph (a) and substituting the following - it
(a) the poisons included in Schedules to the Poisons Act 1964;
(o) by deleting Form 7A; (p) in Form 8 -
(i)
in the heading to that Form by deleting "ADVISORY OR RESEARCH)" and substituting the following -
it
RESEARCH OR HEALTH SERVICES)
(ii) by deleting "from a manufacturer or wholesale dealer"; and
(iii) by deleting paragraph (a) and substituting the following -
it
(a) the poisons included in Schedules to the Poisons Act 1964;
| 1236 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
(q) by deleting Form 8A; (r) by deleting Form 10; (s) in Form 11AA by deleting "Fourth Schedule drugs" in the 2
laces where it occurs and substituting in each place the
p ollowing - 44
poisons included in Schedule 4
(t) by deleting Form 11AB; (u) in Form 12 in the heading to that Form by deleting "SECTION"
and substituting the following -it
SECTION 29 ";
(v) in Form 13 -
(i) by deleting "from a manufacturer or wholesale dealer"; and (ii) by deleting paragraph (a) and substituting the following -
"
(a) the poisons included in Schedules to the Poisons Act 1964;
and
(w) by deleting Form 13A-
after Form 14 the following Form - (2) Appendix A to the principal regulations is amended by inserting "
Form 15
[Reg. 651
Poisons Act 1964
(Section 55A)
WARRANT TO ENTER, SEARCH AND SEIZE
THIS IS A WARRANT authorizing an authorized officer under the
Poisons Act 1964 to enter and search -
Place:
Time:
(specify hours or at any time)
This warrant ceases to have effect:
Date: Time:
I Justice of the Peace of am satisfied by complaint made on oath that there are reasonable grounds for suspecting that -
(a) an offence against the Poisons Act 1964 has been, is
being or is about to be committed; and
| 19 March 19961 | GOVERNMENT GAZETTE, WA | 1237 |
(b)
there is in or on the premises set out in this warrant, or in a part of those premises (being premises used as a residence) something relevant to the investigation of that offence,
and I authorize , an authorized officer, to exercise the entry, search and seizure powers set out in section 55 (2) of the Poisons Act 1964 in relation to the premises named in this warrant with such assistance, and by such force, as is reasonably necessary during the time referred to in this warrant.
Signature of Justice of the Peace
Date
(reverse of Form 15)
WARRANT INFORMATION
The authorized officer named in this warrant may, during the time the warrant is effective, exercise the following powers as set out in section 55 (2) of the Act—
(a) signal or direct the person in control of a vehicle or vessel -
(i) to stop the vehicle or vessel;
(ii) to move the vehicle or vessel to a place
specified by the officer; (iii) not to move the vehicle or vessel;
(b) enter and search premises, vehicles or vessels using such force as is necessary to gain entry; (c) break open and search any package, container or other thing in or on premises, vehicles or vessels; (d) search all persons found in or on premises, vehicles or vessels;
(e) take and remove a sample of anything in or on premises, vehicles or vessels;
| 1238 | GOVERNMENT GAZETTE, WA | [19 March 1996 |
(f)
seize anything reasonably suspected of being relevant to the investigation of an offence against this Act.
Appendix G deleted and Appendix substituted
78. Appendix G to the principal regulations is deleted and the following
Appendix is substituted -
APPENDIX G
(reg 12)
Form Description of Initial Fee Initial Fee Renewal Renewal
0 year) (3 y ears) (1 year) (3 years )
No. Licence or Permit $ $ $ $ 1.
Licence to procure manufacture and supply poisons (other than poisons included in
Schedule 8) by wholesale dealing... 600 850 175 425 2. Licence to procure manufacture and supply by wholesale dealing poisons included in
Schedule 8 425
600 850 175
3. Pharmaceutical chemist's licence to
sell poisons 100 150 75 125 5. Licence to sell by
retail, poisons
in eluded in
Schedule 2 to the
Poisons Act 1964 .... 100 150 50 100
6. Licence to sell by
retail, poisons
in eluded in
Schedule 7 to the
Poisons Act 1964.... 200 250 75 125
6B. Poisons permit
(Distribution ofsamples) 100 150 50 100 7. Poisons permit
(Industrial) -(a) other than those set for poisons
out in this item 200 250 75 125 (b) for any one or more of the poisons set out in this item 575 1275 425 1125
• benzene;
4,4-diaminodiphenylmethane (Methylene dianiline);
4,4'-methylenebis(2-chloroaniline);
| 19 March 19961 | GOVERNMENT GAZETTE, WA | 1239 |
Initi.a2 Fee Initial Fee Renewal Renewal
Form Description of (2 year) (3 years) (2 year) 3 years)
No. Licence or Permit
8.
Poisons permit (Research or health services) 100
150
50
100
1 1AA.Stockfeed
man ufac tur er's
permit 200 300 75 175 13. Poisons permit (Departmental and hospitals) -
(a) Departmental 100 150 50 100
(b) Hospitals No fee No fee No fee No fee
Appendix H amended
79. Appendix H to the principal regulations is amended -
(a) in the heading to that Appendix by deleting "FOURTH SCHEDULE DRUGS" and substituting the following -
it SCHEDULE 4 SUBSTANCES "; and
(b) by deleting "the Fourth Schedule to the Act." and substituting the following -
" ,, Schedule 4.
Appendix J amended
80. Appendix J to the principal regulations is amended -
(a) in the heading to that Appendix by deleting "THIRD SCHEDULE" and substituting the following -
44
SCHEDULE 3 "; and
(b) by deleting "the Third Schedule" in the 3 places where it occurs and substituting in each place the following -
"Schedule 3
Appendix K deleted 81. Appendix K to the principal regulations is deleted.
Appendix L amended
82. Appendix L to the principal regulations is amended in clause 2 by
deleting "Eighth Schedule prescriptions," and substituting the following -
" prescriptions of a poison included in Schedule 8 or 9, Appendix M amended
83. Appendix M to the principal regulations is amended in clause 2 (2) (a)
by deleting "drug is, or drugs are," and substituting the following -
it
poison is, or poisons are,
By His Excellency's Command,
J. PRITCHARD, Clerk of the Council.
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