Poisons Amendment Regulations (No. 2) 2004 (WA)

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4 January 2005 GOVERNMENT GAZETTE, WA 3

HEALTH

HE301*

Poisons Act 1964

Poisons Amendment Regulations (No. 2) 2004

Made by the Governor in Executive Council.

I.            Citation

These regulations may be cited as the Poisons Amendment
Regulations (No. 2) 2004.

2.            The regulations amended

The amendments in these regulations are to the Poisons
Regulations 1965*.
[* Reprint 7 as at 10 January 2003.

For amendments to 23 November 2004 see Western p. 289, and Gazette 5 October 2004.]

authorised to procure and be in possession of any

3.             Part 5 Division 2 heading amended

The heading to Part 5 Division 2 is amended by deleting
"Fourth Schedule" and inserting instead —

44 Schedule 4 ".

4.             Regulation 39C inserted

After regulation 39B the following regulation is inserted —

44  

39C. Use of poisons included in Schedule 4 on ships
carrying livestock
(1) The master of a ship that is to carry livestock is
4 GOVERNMENT GAZETTE, WA 4 January 2005

poison included in Schedule 4 that is necessary for

compliance -

(a) by the exporter with the Australian Livestock Export Standards - March 2001 (as amended from time to time); or
(b) 18 Marine
Orders Part 43: Cargo and Cargo Handling -

by the master with order of the made under the Navigation Act 1912 of the Commonwealth.

(2) The holder of an appropriate licence or any other
authorised person may supply a poison included in
Schedule 4 to the master of a ship on receipt of a
written order certifying that the master is authorised
under subregulation (1) to procure and be in possession
of the poison.
(3) The written order must be signed by the master of the
ship himself or herself and by the exporter of the
livestock.
(4) The master of a ship must store a poison supplied
under subregulation (2) in a secure place on board the
ship.
(5) In this regulation -
"livestock" means livestock in relation to which an

exporter has given a notice of intention to export
under order 6 of the Export Control (Animals)
Orders as amended, made under the Export
Control (Orders) Regulations 1982 in force under
the Export Control Act 1982 of the

Commonwealth;

"exporter" means a person who holds a live-stock

export licence under the Australian Meat and
Live-stock Industry Act 1997 of the by the licensee as the licensee's agent;

"master of a ship" includes, except in

subregulation (3), a person authorised in writing

by the master as the master's agent.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.

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