Poisons Amendment Regulations (No. 3) 1998 (WA)

27 November 1998]	GOVERNMENT GAZETTE, WA	6343
HE302*

Poisons Act 1964

Poisons Amendment Regulations (No. 3) 1998

Made by the deputy of the Governor in Executive Council.

1.             Citation

These regulations may be cited as the Poisons Amendment
Regulations (No. 3) 1998.

2.             The regulations amended

The amendments in these regulations are to the Poisons
Regulations 1965*.
[* Reprinted as at 4 November 1996.

For amendments to 29 October 1998 see 1997 Index to
Legislation of Western Australia, Table 4, pp. 209-11, and

Gazette 17 March and 26 May 1998.]

3. Regulation 2 amended
Regulation 2 is amended as follows:

(a) by inserting, in the appropriate alphabetical position, the following definition —

“

“registered nurse” means a nurse whose name is

entered in division 1 of the register referred to in

section 33 of the Nurses Act 1992;

”;

(b)

in the definition of “supply” by deleting “nurse” and “ registered nurse ”.

4. Regulation 35C amended
Regulation 35C is amended as follows:

(a)	by inserting after the regulation designation “35C.” the subregulation designation “(1)”;
(b)	by deleting “A” and inserting instead — “ Subject to subregulations (2) and (3), a ”;
(c)	by deleting “, except where that substance is in a pregnancy testing kit,”;
(d)	after subregulation (1) by inserting the following subregulations —

“

(2) A substance both included in Schedule 3 and listed in Appendix H of SUSDP may be advertised by its brand name or its approved name.

6344 GOVERNMENT GAZETTE, WA [27 November 1998

(3)	A substance included in Schedule 3 may be advertised if the substance is in a pregnancy testing kit.
(4)	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 name of the poison;

“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 name”, 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.

”.

5.             Regulation 38M amended

Regulation 38M is amended by deleting “, if required for the treatment of a patient in a hospital and”.

6.             Regulation 42 amended

Regulation 42(1)(f) is amended by deleting “nurse” and inserting instead —

“ registered nurse ”.

7.	Regulation 43C inserted After regulation 43B the following regulation is inserted —
“

43C.	Advertising of substances included in Schedule 8
A substance included in Schedule 8 shall not be advertised except in a publication that is normally sold or intended for sale or circulation only among —

(a)	persons of the kind referred to in section 23(2) of the Act; or
(b)	persons who are holders of a licence granted under section 24(1)(a), (b) or (c) of the Act.

”.

8.             Regulation 56H amended

Regulation 56H is amended by deleting “nurse” and inserting instead —

“ registered nurse ”.

By Command of the deputy of the Governor,

ROD SPENCER, Clerk of the Executive Council.