Poisons Amendment Regulations (No. 3) 2001 (WA)

14 September 2001 GOVERNMENT GAZETTE, WA 5073

HE301*

Poisons Act 1964

Poisons Amendment Regulations (No. 3) 2001

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Poisons Amendment
Regulations (No. 3) 2001.

2.            The regulations amended

The amendments in these regulations are to the Poisons
Regulations 1965*.

[* Reprinted as at 12 May 2000.

For amendments to 27 July 2001 see Gazette 29 June 2001.]

3.            Regulation 2A amended

Regulation 2A(d) is amended as follows:

(a)	by deleting "Appendix P-	and inserting instead —
" Appendix I ";

Appendix A.

(b)

in subparagraph (ii) by deleting "Appendix P" and " Part 2 ".

4.            Regulations 3 and 4 replaced and transitional

(1) Regulations 3 and 4 are repealed and the following regulation is
inserted instead —

44

3.            Wholesaler's licence

(1)	A wholesaler's licence authorises the licensee to procure, manufacture and supply by wholesale dealing specified poisons at or from specified premises.
(2)	A wholesaler's licence is to be in the form of Form 1 in

5074 GOVERNMENT GAZETTE, WA 14 September 2001

(3) A wholesaler's licence is subject to the condition that

any manufacture of a poison under the licence be

carried out by -

(a)	a specified qualified person or a qualified person authorised under subregulation (4); or
(b)

an experienced person acting under the personal paragraph (a).

(4) A wholesaler's licence is subject to the condition that

any supply of a poison under the licence be carried Out

by -

(a)	a specified qualified person or a qualified person authorised under subregulation (4); or
(b)	a specified experienced person or an experienced person authorised under subregulation (4).

(5) If a person specified in a wholesaler's licence for the
purposes of subregulation (3)(a) or (4) -

(a)	ceases to work for the licensee; or
(b)	in the case of a qualified person specified for the purposes of subregulation (3), is unable to exercise the necessary supervision,

the Commissioner of Health may in writing authorise
another qualified or experienced person (as the case

requires) to act in the specified person's stead.

(6) In this regulation -

"specified" means specified in a wholesaler's licence.

(2) A licence issued under regulation 4 of the Poisons

Regulations 1965 and in force immediately before the day on

which this regulation commences, continues in force on and

after that day, as if it were a licence issued under regulation 3 of
those regulations as amended by this regulation.

5.            Regulation 33B amended

Regulation 33B is amended by deleting "Appendix P" in both places where it occurs and inserting instead -

Appendix I ".

6.            Regulation 38D amended

(1) Regulation 3 SD( 1) is amended by deleting "acetretin" in both

places where it occurs and inserting instead -

46

acitretin "

14 September 2001 GOVERNMENT GAZETTE, WA 5075

(2)	Regulation 38D(la) is repealed and the following subsection is inserted instead -
(la) Where etretinate or acitretin or a substance containing etretinate or acitretin is supplied in accordance with a prescription under subregulation (1) the supplier shall ensure that the container in which the etretinate or acitretin or the substance containing etretinate or acitretin is supplied, is labelled with a statement as follows -

"WARNING - CAUSES BIRTH DEFECTS".

(3)	Regulation 38D(2) is amended by deleting "acetretin" in both places where it occurs and inserting instead -
46 acitretin

7.           Regulation 38F amended

Regulation 38F(la) is repealed and the following subsection is inserted instead -

46

(la) Where isotretinoin or a substance containing
isotretinoin is supplied in accordance with a
prescription under subregulation (1) the supplier shall
ensure that the container in which the isotretinoin or the
substance containing isotretinoin is supplied, is labelled

with a statement as follows -

"WARNING - CAUSES BIRTH DEFECTS".

S.	Regulation 38G amended
Regulation 38G(2) is repealed and the following subsection is

inserted instead -

(2) Where thalidomide or a substance containing thalidomide is supplied in accordance with a prescription under subregulation (1) the supplier shall

ensure that the container in which the thalidomide or
the substance containing thalidomide is supplied, is

labelled with a statement as follows -

"WARNING - CAUSES BIRTH DEFECTS

DO NOT USE IF PREGNANT

OR LIKELY TO BECOME PREGNANT". ,,

5076 GOVERNMENT GAZETTE, WA 14 September 2001

9.            Regulation 41A amended

(1) Regulation 41A(2) is amended as follows:

(a)	in paragraph (b) by deleting ",occupation";
(b)	in paragraph (e) by deleting "and purpose".

(2) Regulation 41A(3) is amended as follows:

(a)	after paragraph (a) by deleting "or";
(b)	at the end of paragraph (b) by deleting the full stop and inserting a semicolon instead;
(c)	after paragraph (b) by inserting -

"

or

(c) such other form as the Commissioner of Health

approves in writing.

10.          Regulation 44 amended

After regulation 44(3) the following subregulation is inserted -

(3a) An authorised person is to record, or cause to be

recorded, in the Register the result of each inventory
made by the authorised person under regulation 45 on
the day on which the inventory is made.

11.          Regulation 44B amended

After regulation 4413(l) the following subregulation is inserted -

(la) If a register is maintained on paper, all entries required

to be made in the register are to be made in ink.

12.          Regulation 45 amended

Regulation 45(1) is amended as follows:

(a)	at the end of paragraph (c) by deleting the full stop and inserting a comma instead;
(b)	by inserting after paragraph (c) -

"

and the result of that inventory is to be recorded in the

Register in accordance with regulation 44(3a). ,'

1.1 September 2001 GOVERNMENT GAZETTE, WA 5077

13.          Appendix A amended

Appendix A is amended by deleting Forms 1 and 2 and inserting the following form instead —

Poisons Act 1964

Poisons Regulations 1965, regulation 3

WHOLESALER'S

LICENCE Form I

This licence authorises the licensee to procure, manufacture and supply by wholesale dealing the poisons specified in this licence at or from the premises specified in this licence.

Licensee	Name Address
Poisons	The poisons included in —

ID Schedule 1	U Schedule 3	U Schedule 7
U Schedule 2	U Schedule 4	U Schedule 8

to the Poisons Act 1964

Manufacturing of poisons (regulation 3(3))

Premises

Qualified	Name
person	Qualifications

Supply of poisons (regulation 3(4))

Premises

Qualified	Name
person	Qualifications
Experienced	Name
person	Qualifications

Other conditions

Duration of	Date of issue
licence	Date of expiry

14.          Appendix G amended

Appendix G is amended by deleting the first 2 items and inserting the following item instead —

44  

1. Wholesaler's Licence 600 850 175 425

By Command of the Governor,

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