Medicines and Poisons Act 2014

The central organising concept is the classification of substances into one of nine Schedules under section 4, plus the separate category of strictly controlled substances under section 5. The Governor makes regulations classifying substances into these Schedules on the recommendation of the Minister. Each Schedule carries a different level of restriction: Schedule 2 substances require pharmacist advice, Schedule 3 substances require professional advice from a pharmacist without a prescription, Schedule 4 substances require a prescription, Schedule 5 and 6 substances require appropriate packaging and warnings, Schedule 7 substances require special precautions and are available only to specialised or authorised users, Schedule 8 substances require restriction to reduce abuse and dependence, and Schedule 9 substances are prohibited except for medical or scientific research with CEO approval (section 4 Table). A poison under the Act is any substance classified as a Schedule 2, 3, 4, 5, 6, 7, 8, or 9 poison (section 3 definition). A medicine is defined more narrowly as a Schedule 2, 3, 4, or 8 poison (section 3). A drug of addiction is either a Schedule 8 poison or a Schedule 4 reportable poison prescribed by regulations as having a high propensity for misuse, abuse, or illicit use (section 77). The Act contains detailed definitions for key activities. Manufacture includes producing, cultivating (for plants), producing a substance containing the poison, and any part of the process including testing, packaging, labelling, or storing, and also includes agreeing to manufacture, advertising, or having possession of all necessary equipment or materials for purpose of manufacture (section 6). Supply is defined broadly to include agreeing to supply, making available, advertising, displaying with a view to supply, or having possession for the purpose of supply, and it expressly includes indirect means such as internet, email, telephone, mail order, or vending machines (section 8). Supply does not include direct administration to a person or animal. Prescription, prescribe, and prescriber are defined in section 7, with specific rules for voluntary assisted dying substances under the Voluntary Assisted Dying Act 2019. A professional authority is either an authorisation under section 25 for a health professional to administer, possess, prescribe, supply, or use a medicine, or an authorisation under section 26 for a pharmacist to manufacture a medicine or use or possess a Schedule 7 poison for extemporaneous purposes. A licence authorises manufacture or supply of a poison (section 34), and a permit authorises use of a poison (section 36). The Act also creates two types of administrative notices: compliance notices (section 71) which impose restrictions on supply of Schedule 5 or 6 poisons, and Schedule 7 notices (section 72) which impose restrictions on supply, use, or possession of Schedule 7 poisons and can apply to either a specific person or a class of persons via the Gazette.

The Act affects a wide spectrum of persons and entities. Health professionals are centrally affected, including registered health practitioners, veterinarians, and any class of persons prescribed by regulations (section 3 definition of health professional). These persons receive automatic professional authority under section 25 to administer, possess, prescribe, supply, or use medicines if they are a member of a prescribed class and the medicine is prescribed by regulations, provided the activity is in accordance with the regulations. Pharmacists receive additional authority under section 26 to manufacture medicines for extemporaneous preparation and to use or possess Schedule 7 poisons as ingredients in therapeutic goods. Employees and agents of health professionals can also act within the scope of their actual or apparent authority, except they cannot prescribe (section 27). Licensees and permit holders under Part 4 are directly affected: these include individuals, partnerships, and bodies corporate carrying on activities involving manufacture, supply, or use of poisons. Section 41 requires individual applicants to be at least 21 years of age, a fit and proper person, with sufficient knowledge of the poisons and their duties, and sufficient material, human, and financial resources. Partnerships may hold licences or permits jointly under section 42, with each partner needing to meet the fit and proper and knowledge requirements. Bodies corporate may hold licences or permits under section 43, with each corporate officer required to meet the individual suitability requirements. Persons named on the drugs of addiction record are affected: drug dependent persons and oversupplied persons (Part 6). Supply or prescription of drugs of addiction to or for such persons is restricted and must be in accordance with regulations (sections 83 and 87). Carers of patients who have been prescribed Schedule 4 or 8 poisons may possess those poisons for the purpose of supplying or administering them in accordance with the prescriber's instructions (section 14(4)(e)). The CEO of the Department of Health has extensive powers and functions under the Act, including granting and renewing licences and permits, imposing conditions, suspending or cancelling authorities, giving compliance notices and Schedule 7 notices, maintaining the register and the drugs of addiction record, and designating investigators. Investigators (section 95) include public service officers, persons employed under the Public Sector Management Act, and persons employed by local governments or regional subsidiaries. Police officers have all the functions, powers, and immunities of investigators under the Act (section 97). Persons who supply poisons through pharmacy businesses are also affected: supply or possession by a pharmacy business is taken to be supply or possession by the pharmacist who has overall responsibility for the pharmacy business under the Pharmacy Act 2010 section 56 (section 9). Responsible persons for premises where vending machines are placed are affected by the prohibition on supplying poisons from vending machines unless in accordance with regulations (section 24). Finally, the State is bound by the Act (section 11).

The Act imposes numerous duties and confers corresponding rights. A fundamental duty is the obligation not to manufacture, supply, prescribe, possess, or use poisons without appropriate authorisation. Part 2 creates specific offences for each Schedule. For Schedule 2 and 3 poisons, manufacture or supply requires a licence or professional authority, but there are exceptions for therapeutic supply by a person who reasonably believes use is appropriate and the amount is reasonable (section 13(2) and (3)). For Schedule 4 and 8 poisons, manufacture, supply, prescribing, and possession all require authorisation (section 14). Possession defences include being the person prescribed the poison, a carer of that person, having possession for the purpose of delivery to an authorised person, or being involved in a needle and syringe programme (section 14(4)). For Schedule 7 poisons, manufacture or supply requires a licence and compliance with any Schedule 7 notice and regulations (section 16(1)). Use or possession of Schedule 7 poisons requires compliance with a Schedule 7 notice, or being licensed under the Health (Miscellaneous Provisions) Act 1911 for pesticides, or being an officer of the department administering the Biosecurity and Agriculture Management Act 2007, or having a professional authority (section 16(2)). For Schedule 9 poisons, manufacture, supply, use, or possession requires a licence or permit, with an exception for needle and syringe programmes (section 17). Strictly controlled substances require authorisation either by being a member of a class authorised under regulations or by CEO authorisation (section 18). Record keeping and reporting duties apply to licensees, permit holders, and authorised health professionals: they must keep prescribed records and give copies or information to the CEO as required by regulations (section 23). Making false or misleading entries in records is an offence. Storage, handling, transport, and disposal must be in accordance with regulations (section 22). Health professionals have a duty to report drug dependent persons and oversupplied persons to the CEO within 48 hours of forming that belief (sections 80 and 84). Self-prescription of drugs of addiction is prohibited, with a narrow defence for emergencies where immediate administration is necessary and it is not reasonably practicable to arrange for another prescriber (sections 78 and 79). Rights include the right to apply for review of certain CEO decisions to the State Administrative Tribunal. Reviewable decisions include: imposing conditions on, suspending, or cancelling a professional authority (section 33); refusing to grant, renew, or vary a licence or permit (section 63); imposing conditions on a licence or permit (section 73); and including a person on the drugs of addiction record as a drug dependent or oversupplied person (section 92). A person subject to a compliance notice or a Schedule 7 notice may also apply for review (section 73). Before taking action against an authorised health professional or licensee/permit holder, the CEO must generally give written notice of the proposed action and a reasonable opportunity to be heard, except where immediate action is essential to protect health, safety, and welfare (sections 29(4)-(5) and 61(3)-(4)). If immediate action is taken, the person must be given an opportunity to be heard as soon as practicable and the CEO must review the decision after considering any representations (sections 29(6) and 61(5)). Persons whose names are included on the drugs of addiction record may apply for amendment of information or removal of identifying information (section 90).

The Act establishes a tiered penalty structure in section 115. The highest tier carries a fine of $45,000 and imprisonment for 3 years for offences relating to drugs of addiction (as defined in section 77), Schedule 9 poisons, strictly controlled substances, or voluntary assisted dying substances prescribed, supplied, possessed, or used for the purposes of the Voluntary Assisted Dying Act 2019. The offences attracting this highest penalty include those under sections 14(1), (3), and (4) (manufacture, supply, prescribing, and possession of Schedule 4 and 8 poisons), 16(1), (2), and (3) (Schedule 7 offences), 17 (Schedule 9 offences), 18(1) and (2) (strictly controlled substances), 21(1) and (3) (fraudulent behaviour), 22(1) (storage/handling/transport/disposal), and 24(2) and (4) (vending machines). The second tier carries a fine of $30,000 and applies to offences under sections 13(1) and (4) (Schedule 2 and 3), 15(1) and (2) (Schedule 5 and 6), 19 (use of poison obtained under permit), 20(1) (unlawfully obtaining by wholesale), 23(1) and (2) (record keeping), 64 (false or misleading information), 78 (self-prescription of drugs of addiction), 83(2) (supply/prescription to drug dependent persons), and 87(2) (supply/prescription to oversupplied persons). The third tier carries a fine of $15,000 for offences under sections 54(1) (unauthorised change of management), 69 (failure to produce licence or permit), 70(1) (failure to return licence or permit), 98(3) (failure to return identity card), 106(1) (obstruction), 107(2) (failure to comply with direction), and 134(2) (misuse of information). The fourth tier carries a fine of $5,000 for failure to report drug dependent persons (section 80(1)) and oversupplied persons (section 84(1)). Enforcement is supported by extensive investigation powers under Part 7. Investigators may enter and search places, inspect, examine, test, photograph, operate computers, take samples, seize things, and direct persons to answer questions, produce records, and provide assistance (sections 102 and 103). Entry to restricted places (residential parts or parts of hospitals/health facilities where patients are being treated) requires consent or an entry warrant (section 102(2)-(3)). Entry warrants are issued by a justice of the peace and authorise entry for up to 7 days (sections 109-112). Investigators may use reasonably necessary force and assistance, but force likely to cause significant property damage requires CEO authority (section 105). On conviction, a court may order forfeiture of any thing that was the subject of, used in, or otherwise involved in the commission of the offence (section 113). The Department is a prescribed agency under the Criminal and Found Property Disposal Act 2006 for disposal of seized and forfeited property (section 114). Liability extends beyond the direct actor: officers of bodies corporate can be criminally liable under the Criminal Code sections 39 and 41 for offences listed in Tables A and B of section 118, though these provisions were inserted by the Directors Liability Reform Act 2023 and apply different standards. Partners are liable for acts of other partners unless they prove the offence was without their knowledge, authority, or consent and they took all reasonable measures to prevent it (section 119). Principals are liable for agents' acts (section 120), and employers for employees' acts (section 121), with similar defences. Prosecutions may only be commenced by the CEO or an authorised person (section 122), and must generally be commenced within 2 years after the offence or, if the prosecution notice specifies the day evidence first came to the authorised person's attention, within 2 years after that day (section 123).

Section 10 establishes the primacy of this Act over the Misuse of Drugs Act 1981 in case of inconsistency. This is a significant departure from the previous regime where the Misuse of Drugs Act had its own separate scheme for prohibited drugs. The consequential amendments in Part 11 Division 3 reshape the Misuse of Drugs Act to align with this Act. The Misuse of Drugs Act definitions of specified drug, drug of addiction, and authorised prescription are now tied to this Act (section 166). A new section 5B is inserted into the Misuse of Drugs Act to provide that manufacture, preparation, sale, or supply of a prohibited drug is authorised under this Act if done under an appropriate licence, permit, or professional authority and in accordance with regulations under this Act (section 169). Similarly, possession of a prohibited drug is authorised if it is a Schedule 4 or 8 poison and possession would not be an offence under section 14(4) of this Act, or if it is a Schedule 9 poison and possession would not be an offence under section 17 (section 5B(5)). Use of a prohibited drug is authorised if prescribed by a holder of a professional authority and used in accordance with the prescriber's instructions (section 5B(6)). Sections 6 and 7 of the Misuse of Drugs Act are replaced to provide that a person does not commit an offence by reason only of possessing a prohibited drug if they were authorised by or under this Act (section 171). The Act also interacts with the Health (Miscellaneous Provisions) Act 1911, from which poisons-related provisions are removed and Part VIIA is refocused on pesticides only (sections 148-159). The Pharmacy Act 2010 is amended to tie the definition of the practice of pharmacy and dispensing to this Act (section 186). The Voluntary Assisted Dying Act 2019 is specifically accommodated: voluntary assisted dying substances are defined as Schedule 4 or 8 poisons that are voluntary assisted dying substances under that Act (section 3), and special provisions apply to prescription and supply of such substances (sections 7, 14, 83). The Emergency Management Act 2005 gains a new section 76A which allows the CEO to authorise persons to administer, manufacture, supply, or prescribe poisons for emergency management purposes, and this applies despite any provision of this Act or the Misuse of Drugs Act (section 184). The Act interacts with the Biosecurity and Agriculture Management Act 2007 (section 182), the Fair Trading Act 2010 (section 185), the Road Traffic Act 1974 (section 188), the Tobacco Products Control Act 2006 (section 189), the Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 (section 190), and the Workers Compensation and Injury Management Act 1981 (section 191, amending the definition of drug of addiction to refer to the Misuse of Drugs Act definition). The Agricultural and Veterinary Chemicals Code Act 1994 (Commonwealth), the Agvet Code of Western Australia, the Radiation Safety Act 1975, and therapeutic goods laws are also referenced in the definitions of appropriate licence and appropriate permit (section 12). The Criminal Investigation Act 2006 applies to applications for entry warrants (section 109(3)). Section 94 provides that the investigation powers in Part 7 are in addition to and do not derogate from powers under the Health Practitioner Regulation National Law (Western Australia) or the Misuse of Drugs Act 1981.

The Medicines and Poisons Act 2014 was originally enacted as Act No. 13 of 2014 and received Royal Assent on 2 July 2014. Most provisions commenced on 30 January 2017, with sections 1 and 2 commencing on 2 July 2014. Section 14(2) remains uncommenced. The Act has been amended by eight subsequent enactments. The Public Health (Consequential Provisions) Act 2016 (No. 19 of 2016) made amendments on 24 January 2017, including a substitution of the long title. The Local Government Legislation Amendment Act 2016 (No. 26 of 2016) amended section 95 on 21 January 2017 to update references to persons employed by local governments. The Voluntary Assisted Dying Act 2019 (No. 27 of 2019) made substantial amendments effective 1 July 2021, inserting references to voluntary assisted dying substances throughout the Act, including in sections 3, 7, 14, 28, 77, 83, and 115, to accommodate the new assisted dying regime. The Veterinary Practice Act 2021 (No. 19 of 2021) amended the definitions of veterinarian and relevant regulatory authority, effective 18 June 2022. The Directors Liability Reform Act 2023 (No. 9 of 2023) inserted a new section 118 on 5 April 2023 to reform the criminal liability of corporate officers, replacing the former provision which had relied on the Criminal Code sections 39 and 41 for specified offences. The Therapeutic Goods Law Application Act 2024 (No. 19 of 2024) amended the definitions of therapeutic goods law, appropriate licence, and appropriate permit, effective 30 August 2024, and inserted references to the applied therapeutic goods law as defined in the Therapeutic Goods Law Application Act 2024. The Statutes (Repeals and Minor Amendments) Act 2025 (No. 14 of 2025) amended section 104 on 26 September 2025. There are two uncommenced provisions: section 14(2) of the principal Act and Part 5 Division 14 of the Public Health (Consequential Provisions) Act 2016. An uncommenced amendment by the Evidence Act 2025 section 492(1) is also noted in the uncommenced provisions table. The compilation table shows the Act has been amended by Acts up to No. 14 of 2025.

The Act itself does not record or reference any litigation history. It establishes a regime for review of decisions by the State Administrative Tribunal (SAT) under several provisions. Section 33 allows a health professional whose professional authority is affected by a reviewable decision to apply to SAT for review. Reviewable decisions under section 33 include imposing a condition on, suspending, or cancelling a professional authority, amending a condition, or refusing to amend or revoke a condition or revoke a suspension or cancellation if the request was made more than 2 years after the action was imposed. Section 63 allows a person affected by a reviewable decision about a licence or permit to apply to SAT for review. The reviewable decisions under section 63 include refusing to accept an application for renewal within 28 days, refusing to grant or renew a licence or permit, refusing to vary a licence or permit, imposing or amending/revoking conditions on a licence or permit, refusing to accept an application for change of management approval, refusing to approve a change of management, and amending, suspending, or cancelling a licence or permit. Section 73 allows a person on whom restrictions are imposed by a compliance notice or a Schedule 7 notice to apply to SAT for review. Section 92 allows a person whose name has been included on the drugs of addiction record as a drug dependent person or oversupplied person to apply to SAT for review. The Act does not name any decided cases, and the deep dive cannot invent or reference cases not contained in the source. The Act also provides for court proceedings in relation to offences: the court may order forfeiture on conviction (section 113), make orders as to costs of analysis regardless of outcome (section 116), and the registrar of the court must notify the CEO of any conviction of a licensee, permit holder, or authorised health professional (section 117). The Act creates evidentiary presumptions that would affect litigation, including that allegations in a prosecution notice about various matters are to be taken as proved in the absence of evidence to the contrary (section 126), that an act is taken to be done for a specified purpose on proof of the act (section 127), and that labels on containers are evidence of the contents and manufacturer (section 130). These provisions would shape the conduct of prosecutions under the Act.

Several provisions contain traps for the unwary practitioner. Section 14(2) has never commenced, meaning certain provisions about Schedule 4 and 8 poisons remain in a transitional state and practitioners cannot rely on that subsection. The definition of supply in section 8 is extremely broad: it includes agreeing to supply, advertising, displaying with a view to supply, offering to supply, or having possession for the purpose of supply. This means that mere possession with intent, without any actual transfer, can constitute supply. The definition also covers indirect means such as internet, email, telephone, mail order, or vending machines, and it is immaterial whether the recipient pays or whether supplier and recipient are in the same place. The deeming provision in section 6(2) for manufacture is similarly broad: agreeing to manufacture, advertising, or having possession of all necessary equipment or materials for the purpose of manufacturing constitutes manufacture. The employee and agent deeming provisions in sections 27, 34, and 36 are critical: if an employee or agent does something authorised under the professional authority, licence, or permit, the health professional, licensee, or permit holder is taken to have also done that thing. This creates vicarious liability for the principal even without actual knowledge. The strict deadline of 48 hours for reporting drug dependent persons and oversupplied persons (sections 80 and 84) carries a $5,000 fine for non-compliance, which is easy to overlook in a busy clinical practice. The 28 day deadline for renewal of licences or permits under section 40(2) means that if an application is made late and the CEO refuses to accept it under section 40(3), the licence or permit may expire before renewal can be processed. The CEO may approve a change of management by default if the application is made at least 28 days before the proposed change and the CEO does not respond before that day (section 56(3)), but this default approval does not apply if the CEO requests further information (section 56(4)). The death of an individual licensee or permit holder triggers a 14 day window for the executor to apply for permission to act (section 59(3)). If no application is made, the authority lapses. Section 70 requires return of a cancelled or suspended licence or permit within 7 days, with a $15,000 penalty for failure. Section 69 requires production of the licence or permit to an investigator on request as soon as practicable, also with a $15,000 penalty. The CEO may take immediate action against a health professional or licensee/permit holder without prior hearing if the CEO considers immediate action essential to protect health, safety, and welfare (sections 29(5) and 61(4)). This power is not subject to a requirement that the CEO demonstrate actual urgency; the CEO's opinion is the trigger. Section 71 allows the CEO to impose restrictions on the supply of Schedule 5 or 6 poisons by a compliance notice without any prior hearing, and the notice has effect when given. Evidentiary provisions in sections 126-130 create strong presumptions that can be difficult to rebut: an allegation in a prosecution notice that something is a specified substance, that a person is or is not a registered health practitioner or licensee, or that a licence or permit was subject to a condition or cancelled, is taken to be proved in the absence of evidence to the contrary. Section 130 provides that a label stating or indicating a container contains a poison is proof that it contains a poison of that description and quantity, and also proves that the person named as manufacturer or supplier manufactured or supplied it. Section 123 allows a prosecution to be commenced up to 2 years after evidence first came to the attention of an authorised person, meaning the limitation period can be extended well beyond the actual date of the offence. Partnership, principal, and employer liability provisions (sections 119-121) mean that a person can be convicted of an offence committed by another member of the partnership, agent, or employee unless they prove the offence was without their knowledge, authority, or consent and that they took all reasonable measures to prevent it. The burden of proof for these defences is on the accused. Section 136 preserves the application of the Interpretation Act 1984, meaning that general transitional savings provisions continue to apply despite the specific transitional provisions in Part 10.

Compliance under the Act requires a systematic approach tailored to the Schedule of the poison involved and the nature of the activity. The first step is to determine whether the activity requires a licence, a permit, or a professional authority. Health professionals who are members of a prescribed class and who handle only medicines within the scope of their professional authority under section 25, acting in accordance with the regulations, generally do not need a separate licence or permit. However, they must still comply with record keeping and reporting obligations under section 23, and must keep the prescribed records and provide copies or information to the CEO as required under regulations. Any person manufacturing or supplying Schedule 2, 3, 4, or 8 poisons outside the scope of a professional authority must hold an appropriate licence under Part 4 Division 2. Any person using a poison outside the scope of a professional authority must hold a permit. Applications for licences and permits must be made in the form approved by the CEO, accompanied by any prescribed fees, and the applicant must meet the suitability requirements in sections 41 (individuals), 42 (partnerships), or 43 (bodies corporate). For individuals, this includes being at least 21 years old, a fit and proper person, having sufficient knowledge of the poisons and duties, and having sufficient material, human, and financial resources. Renewal applications must be made at least 28 days before the expiry day under section 40(2). The licence or permit is valid for a maximum of 12 months (section 46). Any change of management in a body corporate licensee or permit holder must be approved by the CEO under sections 55-58, with an application required at least 28 days before the proposed change (section 55(2)(d)). Unauthorised change attracts a $15,000 penalty (section 54). The physical licence or permit document must be produced to an investigator on request as soon as practicable (section 69), and must be returned to the CEO within 7 days of cancellation or suspension (section 70). Record keeping is a critical compliance obligation. Licensees, permit holders, and authorised health professionals must keep prescribed records and provide copies or information to the CEO as required (section 23). Entries must not be false or misleading. Storage, handling, transport, and disposal of poisons must be in accordance with regulations (section 22). Health professionals have a specific duty to notify the CEO within 48 hours if they reasonably believe a patient is a drug dependent person or an oversupplied person (sections 80 and 84). Before supplying or prescribing a drug of addiction to a person whose name is on the drugs of addiction record, the supplier or prescriber must comply with any regulations made under sections 83 or 87. The CEO may also authorise disclosure of information from the drugs of addiction record under section 91 to an authorised health professional if the person is a client of that professional, so checking the record is prudent. The prohibition on self-prescription of drugs of addiction (section 78) means practitioners must arrange for a colleague to prescribe for them except in genuine emergencies where immediate administration is necessary and it is not reasonably practicable to arrange another prescriber (section 79). Business operators must ensure that any person who supplies Schedule 2 or 3 poisons without a licence or professional authority (relying on the therapeutic supply exemptions in section 13(2) or (3)) must hold a reasonable belief that the use would be appropriate for therapeutic purposes and that the amount is reasonable. Persons authorised under a licence or professional authority who supply any poison and reasonably suspect or ought reasonably to suspect that the recipient intends to use it in a way that might threaten health, safety, or welfare commit an offence under sections 13(4) (Schedule 2 or 3), 15(2) (Schedule 5 or 6), and 16(3) (Schedule 7). Proper customer identification and due diligence are essential. Employees and agents must be properly authorised: section 27 allows employees or agents of health professionals to do anything authorised by the professional authority except prescribe, and sections 34(4) and 36(4) allow employees or agents of licensees or permit holders to do anything authorised by the licence or permit. However, the principal is deemed to have done the act, so adequate training, supervision, and systems are required to avoid vicarious liability. Any person receiving a compliance notice under section 71 or a Schedule 7 notice under section 72 must comply with its terms. These notices can be varied or revoked by subsequent notice. A person who receives a notice has a right of review to the State Administrative Tribunal under section 73.