Part 11Consequential amendments

Part 11 — Consequential amendments Division 1 — *Health (Miscellaneous Provisions) Act 1911* amended 148. Act amended 100 149. Section 3 amended 100 150. Section 5 amended 100 151. Part VIIA heading replaced 101 Part VIIA — Pesticides 152. Part VIIA Division 1 heading replaced 101 Division 1 — Registration of analysts 153. Section 202 deleted 101 154. Part VIIA Divisions 5, 6 and 7 deleted 101 155. Section 246A amended 101 156. Part VIIA Division 9 deleted 101 158. Section 377 amended 102 159. Schedule 5 amended 102 Division 2 — *Health Professionals (Special Events Exemption) Act 2000* amended 160. Act amended 102 161. Section 3 amended 102 162. Section 8 amended 103 163. Section 9 replaced 103 9. Supply of medicines 103 164. Section 11 amended 104 Division 3 — *Misuse of Drugs Act 1981* amended 165. Act amended 106 166. Section 3 amended 106 167. Section 3B inserted 107 3B. Specified drugs 107 168. Section 4 amended 108 169. Section 5B inserted 108 5B. Authorisation under *Medicines and Poisons Act 2014* 108 170. Section 5 amended 110 171. Sections 6 and 7 replaced 111 6. Offences concerned with prohibited drugs generally 111 7. Offences concerned with prohibited plants generally 112 172. Section 7B amended 113 173. Section 8 deleted 114 174. Section 14 amended 114 175. Section 27 amended 115 176. Section 38D amended 115 177. Section 41 amended 115 178. Schedule I heading amended 116 179. Schedule II heading replaced 116 Schedule II — Plants to which this Act applies 180. Schedule III amended 116 181. Schedule V amended 118 Division 4 — Other Acts amended 182. *Biosecurity and Agriculture Management Act 2007* amended 119 183. *Constitution Acts Amendment Act 1899* amended 120 184. *Emergency Management Act 2005* amended 120 76A. Manufacture, supply and prescription of poisons 120 185. *Fair Trading Act 2010* amended 121 186. *Pharmacy Act 2010* amended 122 51A. Requirement to notify recording of information on register 123 187. *Police (Medical and Other Expenses for Former Officers) Act 2008* amended 123 188. *Road Traffic Act 1974* amended 123 189. *Tobacco Products Control Act 2006* amended 124 190. *Veterinary Chemical Control and Animal Feeding Stuffs Act 1976* amended 124 191. *Workers’ Compensation and Injury Management Act 1981* amended 124 Notes Compilation table 125 Uncommenced provisions table 126 Defined terms An Act — - to regulate and control the manufacture and supply of medicines and poisons; and - to repeal the *Poisons Act 1964*, the *White Phosphorus Matches Prohibition Act 1912* and various regulations; and - to amend the *Health (Miscellaneous Provisions) Act 1911, Misuse of Drugs Act 1981* and various other written laws and, for incidental and related purposes. [Long title amended: No. 19 of 2016 s. 170.] ## Part 1 — Preliminary ##### 1. Short title This is the *Medicines and Poisons Act 2014*. ##### 2. Commencement This Act comes into operation as follows — (a) sections 1 and 2 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation and different days may be fixed for different provisions. ##### 3. Terms used In this Act — adopted code has the meaning given in section 132(1); Agvet Code of Western Australia has the meaning given in the *Agricultural and Veterinary Chemicals (Western Australia) Act 1995* section 3; authorised health professional means a health professional who has a professional authority; CEO means the chief executive officer of the Department; compliance notice means a notice given under section 71; corporate officer, in relation to a body corporate, means an individual who is an officer, as defined in the *Corporations Act 2001* (Commonwealth) section 9, of the body corporate; Department means the department of the Public Service principally assisting in the administration of this Act; drugs of addiction record means the record kept under section 88; health professional means a person who is — (a) a registered health practitioner; or (b) a veterinarian; or (c) in a class of persons prescribed by the regulations for the purposes of this definition; investigator means a person designated under section 95(1) to be an investigator; licence means a licence granted under Part 4 Division 2; licensee means the holder of a licence; manufacture has the meaning given in section 6; medicine means a substance that is a Schedule 2, 3, 4 or 8 poison; needle and syringe programme means a programme to do one or more of the following principally for the purpose of preventing the spread of infectious diseases that are carried in the blood — (a) to supply people with any of the following — (i) sterile hypodermic syringes; (ii) sterile hypodermic needles; (iii) things that may be used in connection with the administration, by injection, of prohibited drugs (as defined in the *Misuse of Drugs Act 1981* section 3(1)), for example, swabs and spoons; (b) to facilitate the safe disposal, after use, of any of the things mentioned in paragraph (a); (c) to advise, counsel or disseminate information to people; permit means a permit granted under Part 4 Division 2; permit holder means the holder of a permit; pharmacist means a person registered under the *Health Practitioner Regulation National Law (Western Australia)* in the pharmacy profession; pharmacy means premises registered as a pharmacy under the *Pharmacy Act 2010* section 39; poison means a substance that is a Schedule 2, 3, 4, 5, 6, 7, 8 or 9 poison; prescribe, in relation to a poison, has the meaning given in section 7(1); prescriber has the meaning given in section 7(1); prescription has the meaning given in section 7(1); professional authority means — (a) an authorisation under section 25 to administer, possess, prescribe, supply or use a medicine; or (b) an authorisation under section 26 to manufacture a medicine or use or possess a Schedule 7 poison; register means the register kept under section 75; registered health practitioner means a health practitioner who is registered under the *Health Practitioner Regulation National Law (Western Australia)* to practice a health profession; Schedule 2 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 2; Schedule 3 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 3; Schedule 4 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 4; Schedule 5 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 5; Schedule 6 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 6; Schedule 7 notice means a notice given under section 72; Schedule 7 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 7; Schedule 8 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 8; Schedule 9 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 9; strictly controlled substance means a substance that is classified by regulations made under section 5(1) as a strictly controlled substance; substance includes a compound, preparation, mixture or plant; supply has the meaning given in section 8; therapeutic goods law means — (a) the *Therapeutic Goods Act 1989* (Commonwealth); or (b) the applied therapeutic goods law as defined in the *Therapeutic Goods Law Application Act 2024* section 3(1); veterinarian has the meaning given in the *Veterinary Practice Act 2021* section 3. voluntary assisted dying substance means a Schedule 4 or 8 poison that is a voluntary assisted dying substance as defined in the *Voluntary Assisted Dying Act 2019* section 7(2). [Section 3 amended: No. 27 of 2019 s. 174; No. 19 of 2021 s. 232(2)‑(4); No. 19 of 2024 s. 35.] ##### 4. Poisons (1) The Governor may, on the recommendation of the Minister, make regulations classifying a substance as a poison included in a Schedule referred to in the Table. | **Schedule 1** — [Blank] | | --- | | **Schedule 2 — Pharmacy medicines**<br>Substances, the safe use of which may require advice from a pharmacist and which should be available from a pharmacy or, where a pharmacy service is not available, from a licensed person. | | **Schedule 3 — Pharmacist only medicines**<br>Substances, the safe use of which requires professional advice but which should be available to the public from a pharmacist without a prescription. | | **Schedule 4 — Prescription only medicines, or Prescription Animal Remedy**<br>Substances, the use or supply of which should be by or on the order of persons permitted under the Act to prescribe and should be available from a pharmacist on prescription. | | **Schedule 5 — Caution**<br>Substances with a low potential for causing harm, the extent of which can be reduced through the use of appropriate packaging with simple warnings and safety directions on the label. | | **Schedule 6 — Poison**<br>Substances with a moderate potential for causing harm, the extent of which can be reduced through the use of distinctive packaging with strong warnings and safety directions on the label. | | **Schedule 7 — Dangerous Poison**<br>Substances with a high potential for causing harm at low exposure and which require special precautions during manufacture, handling or use. These poisons should be available only to specialised or authorised users who have the skills necessary to handle them safely. Special regulations restricting their availability, possession, storage or use may apply. | | **Schedule 8 — Controlled Drug**<br>Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence. | | **Schedule 9 — Prohibited Substance**<br>Substances which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of the CEO. | (2) The Minister may recommend that a substance be identified in the regulations in any way the Minister thinks fit. (3) Without limiting subsection (2), a substance may be classified by reference to any of the following — (a) an adopted code; (b) the way in which it is, or is intended to be, used; (c) the purpose for which it is, or is intended to be, used; (d) the quantity in which it is supplied; (e) its packaging or labelling; (f) its physical or chemical state or form; (g) any other factor. (4) The following substances cannot be classified as poisons — (a) industrial hemp or industrial hemp seed as defined in the *Industrial Hemp Act 2004* section 3(1); (b) processed industrial hemp as defined in the *Misuse of Drugs Act 1981* section 3(1). ##### 5. Strictly controlled substances (1) The Governor may, on the recommendation of the Minister, make regulations classifying a substance as a strictly controlled substance. (2) The following substances cannot be classified as strictly controlled substances — (a) industrial hemp or industrial hemp seed as defined in the *Industrial Hemp Act 2004* section 3(1); (b) processed industrial hemp as defined in the *Misuse of Drugs Act 1981* section 3(1). (3) The Minister must not recommend that a substance be classified as a strictly controlled substance unless the Minister is satisfied that the strict control of the supply and use of the substance is necessary to protect the health, safety and welfare of the public. (4) If the Minister is satisfied that strict control of the supply and use of a strictly controlled substance is no longer necessary to protect the health, safety and welfare of the public the Minister must recommend the making of regulations terminating the classification of the substance as a strictly controlled substance. (5) On and from the control day for a strictly controlled substance that was a poison immediately before that day — (a) that substance ceases to be a poison; and (b) an authorisation given by a licence, permit or professional authority to supply or use that substance ceases to have effect. (6) For the purposes of subsection (5) — control day, in relation to a strictly controlled substance, means the day that the substance becomes a strictly controlled substance. (7) The CEO must take all reasonable steps to inform each licensee, permit holder or authorised health professional who is authorised to supply or use a poison that becomes a strictly controlled substance about the effect of subsection (5). ##### 6. Term used: manufacture manufacture, in relation to a poison, means — (a) to produce the poison; or (b) if the poison is a plant, to cultivate the plant; or (c) to produce a substance that contains the poison; or (d) to do anything, including testing, packaging, labelling or storing the poison, that is part of the process of — (i) doing a thing described in paragraph (a), (b) or (c); or (ii) bringing the poison to its final state. (2) For the purposes of this Act, a person is taken to manufacture a poison if the person does any of the following — (a) agrees to manufacture the poison; (b) advertises or otherwise offers to manufacture the poison; (c) has possession of all the necessary equipment or materials to manufacture the poison for the purpose of manufacturing the poison. (3) For the purpose of determining if a person has manufactured a poison the following are immaterial — (a) the quantity of the poison; (b) the purpose for which the poison is manufactured; (c) whether or not the person was acting as an employee or agent of another person. ##### 7. Terms used: prescription and related terms prescribe, in relation to a poison, means to issue a prescription for the poison; prescriber means — (a) in relation to a Schedule 4 or 8 poison (other than a voluntary assisted dying substance prescribed for the purposes of the *Voluntary Assisted Dying Act 2019*) — an authorised health professional who has authority to prescribe the poison; or (b) in relation to a voluntary assisted dying substance prescribed for the purposes of the *Voluntary Assisted Dying Act 2019* — a person who is authorised by that Act to prescribe the substance; prescription, in relation to a Schedule 4 or 8 poison, means a document (whether written or electronic) that — (a) sets out particulars of the poison, or a substance that contains the poison, that is — (i) to be used by, or administered to, a person named in the document for therapeutic purposes or for the purposes of the *Voluntary Assisted Dying Act 2019*; or (ii) to be administered to an animal described in the document for therapeutic purposes; and (b) is issued for the purpose of enabling the poison to be supplied for that purpose; and (c) complies with — (i) any requirements prescribed by the regulations; or (ii) if the poison is a voluntary assisted dying substance that is to be used or administered for the purposes of the *Voluntary Assisted Dying Act 2019*, any requirements under that Act or prescribed by the regulations to the extent they are consistent with that Act. (2) A person is not to be taken to have issued a prescription if the person — (a) supplies a Schedule 4 or 8 poison in accordance with a prescription that authorises — (i) the supply of 2 or more Schedule 4 or 8 poisons; or (ii) the supply of a Schedule 4 or 8 poison on 2 or more occasions; and (b) also issues a form authorising the supply of one or more of the poisons in accordance with the prescription on another occasion. (3) For the purposes of this Act a person (a supplier) supplies a Schedule 4 or 8 poison in accordance with a prescription if — (a) the supplier has been given a prescription relating to the poison; and (b) the supplier reasonably believes that the person to whom the poison is supplied — (i) is — (I) if the poison is prescribed for the therapeutic use of a person or for the use of, or administration to, a person under the *Voluntary Assisted Dying Act 2019* — that person; or (II) if the poison is prescribed for the therapeutic use of an animal — the owner of the animal; or (ii) has lawful authority to obtain or receive the poison on behalf of a person referred to in subparagraph (i); and (c) the quantity of the poison supplied does not exceed the quantity specified in the prescription. (4) If a prescription describes a poison without reference to a brand name, then for the purposes of subsection (3)(a), the prescription relates to any brand of the poison. (5) If a prescription describes a poison by reference to a brand name, then for the purposes of subsection (3)(a), the prescription relates to — (a) if the poison is prescribed for the therapeutic use of a person who is a patient in a public hospital — any brand of the poison (even if the prescription indicates that brand substitution is not permitted); or (b) if paragraph (a) does not apply — (i) if the prescription indicates that brand substitution is not permitted — the brand of poison specified in the prescription; or (ii) if the prescription does not indicate that brand substitution is not permitted — any brand of the poison. [Section 7 amended: No. 27 of 2019 s. 175.] ##### 8. Term used: supply supply, in relation to a poison, means to supply the poison, or a substance that contains the poison, to another person, but does not include administering a poison or substance directly to another person or to an animal. (2) For the purposes of this Act a person is taken to supply a poison if the person does any of the following — (a) agrees to supply the poison; (b) makes available, advertises, displays with a view to supplying, or otherwise offers to supply, the poison; (c) has possession of the poison for the purpose of supplying it. (3) For the purpose of determining if a person has supplied a poison the following are immaterial — (a) the quantity of the poison; (b) the purpose for which the poison is supplied; (c) whether or not the recipient pays for the poison; (d) whether or not the supplier and recipient are in the same place at the same time; (e) whether or not the poison is supplied by indirect means such as the internet, electronic mail, telephone, facsimile, mail order or a vending machine; (f) whether or not the person was acting as an employee or agent of another person. ##### 9. Supply and possession of poisons by pharmacy business pharmacy business has the meaning given in the *Pharmacy Act 2010* section 3(1). (2) For the purposes of this Act, supply or possession of a poison by a pharmacy business carried on at a pharmacy is to be taken to be supply or possession of the medicine or poison by the pharmacist who has overall responsibility for the pharmacy business in accordance with the *Pharmacy Act 2010* section 56. ##### 10. Relationship with *Misuse of Drugs Act 1981* If a provision in this Act is inconsistent with a provision in the *Misuse of Drugs Act 1981*, the provision in this Act prevails. ##### 11. Act applies to the State This Act binds the State. ## Part 2 — Offences ##### 12. Terms used appropriate licence means each of the following — (a) a licence granted under Part 4 Division 2; (b) a licence granted under the *Agricultural and Veterinary Chemicals Code Act 1994* (Commonwealth); (c) a licence granted under the Agvet Code of Western Australia; (d) a licence or exemption granted under the *Radiation Safety Act 1975*; (e) a licence granted under a therapeutic goods law; appropriate permit means each of the following — (a) a permit granted under Part 4 Division 2; (b) a permit granted under the *Agricultural and Veterinary Chemicals Code Act 1994* (Commonwealth); (c) a permit granted under the Agvet Code of Western Australia. [Section 12 amended: No. 19 of 2024 s. 36.] ##### 13. Offences relating to manufacture and supply of Schedule 2 and Schedule 3 poisons (1) A person who manufactures or supplies a Schedule 2 or 3 poison commits an offence unless — (a) the person does so — or (b) the person does so in accordance with subsection (2) or (3). (2) A person may supply a Schedule 2 or 3 poison to another person (the patient) if — (a) the person reasonably believes that the use by the patient of the poison would be appropriate for therapeutic purposes; and (b) the amount of the poison supplied is reasonable in the circumstances; and (c) the person reasonably believes that the patient will use the poison for therapeutic purposes. (3) A person may supply a Schedule 2 or 3 poison to another person (an agent) if — (a) the person supplies the poison to the agent for the purpose of it being supplied or administered to another person or to an animal (the patient); and (b) the person reasonably believes that the use by the patient, or the administration to the patient, of the poison would be appropriate for therapeutic purposes; and (c) the amount of the poison supplied is reasonable in the circumstances; and (d) the person reasonably believes that — (i) the agent will — (I) supply or administer the poison to the patient; or (II) supply the poison to another person for the purpose of it being supplied or administered to the patient; and (ii) the poison will be used by, or administered to, the patient for therapeutic purposes. (4) A person authorised under an appropriate licence or a professional authority to supply a Schedule 2 or 3 poison who supplies the poison in circumstances where the person reasonably suspects or ought reasonably to suspect that the recipient intends to use it in a way that might reasonably be expected to pose a serious threat to the health, safety and welfare of a person or of the public commits an offence. ##### 14. Offences relating to manufacture, supply, prescribing and possession of Schedule 4 and Schedule 8 poisons (1) A person who manufactures or supplies a Schedule 4 or 8 poison commits an offence unless subsection (1A) is complied with. (1A) This subsection is complied with — (a) in the case of the manufacture of a Schedule 4 or 8 poison, if the person who manufactures the poison does so — or (b) in the case of the supply of a Schedule 4 or 8 poison (other than the supply of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*), if the person who supplies the poison does so — or (c) in the case of the supply of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*, if — (i) the person who supplies the substance is authorised by that Act to supply it; and (ii) the supply is in accordance with that Act. [(2) has not come into operation 2.] (3) A person who prescribes a Schedule 4 or 8 poison commits an offence unless subsection (3A) is complied with. (3A) This subsection is complied with — (a) in the case of the prescription of a Schedule 4 or 8 poison (other than the prescription of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*), if — (i) the person who prescribes the poison is a health professional who is authorised under section 25 to prescribe the poison; and (ii) the prescription is in accordance with the regulations; or (b) in the case of the prescription of a voluntary assisted dying substance for the purposes of the *Voluntary Assisted Dying Act 2019*, if — (i) the person who prescribes the substance is authorised by that Act to prescribe the substance; and (ii) the prescription is in accordance with that Act and the regulations to the extent they are consistent with that Act. (4) A person who is in possession of a Schedule 4 or 8 poison commits an offence unless — (a) the person is authorised by a professional authority or an appropriate licence to manufacture the poison and has possession of the poison for the purpose of, or as a result of, that manufacture; or (b) the person is authorised by a professional authority or an appropriate licence to supply the poison and has possession of the poison for the purpose of that supply; or (c) the person is the holder of an appropriate permit and has possession of the poison for the purpose specified in the permit; or (d) the poison was prescribed for the person by a prescriber who is authorised to prescribe the poison and the person has possession of the poison for the purpose of using it in accordance with the instructions of the prescriber; or (e) the person is a carer of a person referred to in paragraph (d) (the patient) and has possession for the purposes of supplying or administering the poison to the patient in accordance with the instructions of the prescriber; or (f) the poison was prescribed for an animal by a prescriber who is authorised to prescribe the poison and the person has possession of the poison for the purposes of supplying or administering the poison to the animal in accordance with the instructions of the prescriber; or (g) the person has possession of the poison only for the purpose of delivering it to a person referred to in paragraphs (a) to (f); or (h) the poison is in or on a used hypodermic syringe, a used hypodermic needle or another used thing and the person has possession of the syringe, needle or other thing for the purposes of disposing of it in accordance with a needle and syringe programme of a type prescribed by the regulations; or (i) the person is authorised under the *Misuse of Drugs Act 1981* or the *Voluntary Assisted Dying Act 2019* to have possession of the poison. (5) For the purposes of subsection (4)(e) a person is a carer of a patient if the person assists in the health care of the patient on a full‑time or part‑time basis, whether or not the person is paid for providing that assistance. [Section 14 amended: No. 27 of 2019 s. 176.] ##### 15. Offences relating to manufacture and supply of Schedule 5 and Schedule 6 poisons (1) A person who manufactures or supplies a Schedule 5 or 6 poison commits an offence unless the person does so — (a) in accordance with any compliance notice that applies to the supply of the poison by the person; and (b) in accordance with the regulations. (2) A person who supplies a Schedule 5 or 6 poison in circumstances where the person reasonably suspects or ought reasonably to suspect that the recipient intends to use the poison in a way that might reasonably be expected to pose a serious threat to the health, safety and welfare of a person or of the public commits an offence. ##### 16. Offences relating to manufacture, supply, use and possession of Schedule 7 poisons (1) A person who manufactures or supplies a Schedule 7 poison commits an offence unless the person does so — (a) under and in accordance with an appropriate licence; and (b) in accordance with any Schedule 7 notice that applies to the manufacture or supply of the poison by the person; and (c) in accordance with the regulations. (2) A person who uses or is in possession of a Schedule 7 poison commits an offence unless — (a) the use or possession is in accordance with any Schedule 7 notice that applies to the use or possession of the poison by the person; or (b) the Schedule 7 poison is a pesticide as defined in the *Health (Miscellaneous Provisions) Act 1911* section 3(1), the person is licensed or registered under the *Health (Miscellaneous Provisions) Act 1911* to use or possess the poison and the use or possession by the person is in accordance with the licence or registration; or (c) the person is an officer of the department principally assisting in the administration of the *Biosecurity and Agriculture Management Act 2007* and the use or possession is in connection with the employment of the officer in that department; or (d) the person is authorised by a professional authority to use or possess the poison. (3) A person authorised under an appropriate licence to supply a Schedule 7 poison who supplies the poison in circumstances where the person reasonably suspects or ought reasonably to suspect that the recipient intends to use it in a way that might reasonably be expected to pose a serious threat to the health, safety and welfare of a person or of the public commits an offence. [Section 16 amended: No. 19 of 2016 s. 171.] ##### 17. Offences relating to manufacture, supply, use and possession of Schedule 9 poisons A person who manufactures, supplies, uses or is in possession of a Schedule 9 poison commits an offence unless — (a) the person does so under and in accordance with a licence or a permit; or (b) the poison is in or on a used hypodermic syringe, a used hypodermic needle or another used thing and the person has possession of the syringe, needle or other thing for the purposes of disposing of it in accordance with a needle and syringe programme of a type prescribed by the regulations. ##### 18. Offences relating to supply and use of strictly controlled substances (1) A person who supplies a strictly controlled substance commits an offence unless — (a) either — (i) the person is a member of a class of persons who are authorised under the regulations to supply the substance; or (ii) the person supplies the substance under and in accordance with an authorisation granted by the CEO in accordance with the regulations; and (b) the supply is in accordance with the regulations. (2) A person who uses a strictly controlled substance commits an offence unless — (a) either — (i) the person is a member of a class of persons who are authorised under the regulations to use the substance; or (ii) the person uses the substance under and in accordance with an authorisation granted by the CEO in accordance with the regulations; and (b) the use is in accordance with the regulations. (3) It is a defence to a charge under subsection (1) to prove that — (a) before the substance became a strictly controlled substance it was a poison; and (b) the accused was a licensee or authorised health professional who was authorised to supply the poison; and (c) the accused did not know, and could not reasonably have known, that the substance had become a strictly controlled substance. (4) It is a defence to a charge under subsection (2) to prove that — (a) before the substance became a strictly controlled substance it was a poison; and (b) the accused was a permit holder or authorised health professional who was authorised to use the poison; and (c) the accused did not know, and could not reasonably have known, that the substance had become a strictly controlled substance. (5) It is a defence to a charge under subsection (2) to prove that — (a) before the substance became a strictly controlled substance — (i) it was a Schedule 4 or 8 poison; and (ii) it was prescribed for the use of a person or for administration to an animal; and (b) the accused used the substance in accordance with the instructions of the prescriber. (6) It is a defence to a charge under subsection (2) to prove that — (a) before the substance became a strictly controlled substance it was a Schedule 5, 6 or 7 poison; and (b) the substance was supplied to the accused before it became a strictly controlled substance; and (c) the accused did not know, and could not reasonably have known, that the substance had become a strictly controlled substance. ##### 19. Use of poison obtained under permit A permit holder who uses, or causes or allows to be used, a poison obtained by the person under the permit commits an offence unless the poison is used — (a) for the purpose and in the manner specified in the permit; and (b) in accordance with any conditions attached to the permit; and (c) in accordance with the regulations. ##### 20. Unlawfully obtaining poison by wholesale (1) A person who obtains, or attempts to obtain, a poison by wholesale supply commits an offence unless — (a) the person — (i) is a licensee or authorised health professional who is authorised to supply the poison; and (ii) obtains, or attempts to obtain, the poison for the purpose of such supply; or (b) the person — (i) is a permit holder; and (ii) obtains, or attempts to obtain, the poison for the purpose specified in the permit; or (c) the poison is a Schedule 5 or 6 poison. (2) Subsection (1) applies whether or not the supplier from whom the person obtains, or attempts to obtain, the poison is in this State. ##### 21. Fraudulent behaviour to obtain supply of poison (1) A person commits an offence if the person — (a) fraudulently alters a prescription; or (b) is in possession of a prescription that the person suspects, or ought reasonably to suspect, has been fraudulently altered. (2) A pharmacist does not commit an offence under subsection (1)(b) if the pharmacist — (a) takes possession of a prescription that the pharmacist suspects has been fraudulently altered; and (b) as soon as is reasonably practicable, gives the prescription to the CEO. (3) A person who uses fraudulent means to cause another person to prescribe or supply a poison commits an offence. (4) In subsection (3) — fraudulent means includes — (a) making a statement that the person knows, or ought reasonably to know, is false or misleading in a material particular; (b) failing to disclose all information that the person knows, or ought reasonably to know, is materially relevant; (c) using a prescription that the person knows, or ought reasonably to know — (i) was issued in contravention of section 14(3); or (ii) has been fraudulently altered; (d) using a forged document; (e) using a false pretence. ##### 22. Storage, handling, transport and disposal of poisons (1) A person who stores, handles, transports or disposes of a poison other than in accordance with regulations made under subsection (2) commits an offence. (2) The regulations may make provision in relation to the manner in which poisons are to be stored, handled, transported or disposed of. ##### 23. Record keeping and reporting (1) A person who is a licensee, permit holder or authorised health professional commits an offence unless the person — (a) keeps the records that are prescribed by the regulations; and (b) gives copies of, or information from, those records to the CEO as required by the regulations. (2) A person commits an offence if the person — (a) makes an entry in a record that the person knows is false or misleading in a material particular; or (b) gives information from a record that the person knows is false or misleading in a material particular. ##### 24. Vending machines responsible person, in relation to premises, means a person having the management or control, or otherwise being in charge of, the premises; vending machine means a machine or device used or capable of being used for the purpose of supplying goods without the personal manipulation or attention at the time of supply of the supplier or an employee or agent of the supplier. (2) A responsible person for premises commits an offence if a person is supplied with a poison from a vending machine at the premises unless the supply of the poison from the vending machine is in accordance with regulations made under subsection (5). (3) Subsection (2) applies to a responsible person notwithstanding that the person may be authorised under a professional authority or licence to supply the poison. (4) A person who places, or authorises or allows to be placed, in any premises a vending machine commits an offence unless the placement is in accordance with regulations made under subsection (5). (5) The regulations may make provision in relation to — (a) circumstances in which poisons prescribed by the regulations may be supplied from a vending machine; and (b) premises at which a vending machine may be located. ## Part 3 — Authorisation of health professionals ### Division 1 — Authorisation of health professionals ##### 25. Authorisation of health professionals to administer, possess, prescribe, supply or use medicines (1) A health professional acting in the lawful practice of his or her profession is authorised to administer, possess, prescribe, supply or use a medicine if — (a) the health professional is a member of a class of health professional prescribed by the regulations; and (b) the medicine is prescribed by the regulations as one that may be administered, possessed, prescribed, supplied or used by a member of that class of health professional; and (c) the administration, possession, prescription, supply or use of the medicine is in accordance with the regulations. (2) Regulations referred to in subsection (1) may make provision in relation to the circumstances and manner in which, and the conditions on which, a member of a prescribed class of health professional may administer, possess, prescribe, supply or use a medicine. ##### 26. Authorisation of pharmacists to manufacture medicines or use or possess Schedule 7 poisons A pharmacist acting in the lawful practice of his or her profession is authorised — (a) to manufacture any medicine to the extent that it is necessary for the purpose of extemporaneously preparing a medicine that is to be supplied by the pharmacist; and (b) to use or possess a Schedule 7 poison that is an ingredient in a therapeutic good within the meaning given in the *Therapeutic Goods Act 1989* (Commonwealth) section 3(1) for the purpose of extemporaneously preparing the therapeutic good. ##### 27. Authorisation of employees and agents (1) An employee or agent of a health professional acting within the scope of the employee’s or agent’s actual or apparent authority, may do anything that is authorised by the professional authority of the health professional, other than to prescribe a medicine. (2) For the purposes of this Act, if an agent or employee of a health professional does something that is authorised under subsection (1) the health professional is to be taken to have also done the thing. ### Division 2 — Conditions, suspension and cancellation ##### 28. Grounds for taking action (1) There are grounds for taking action against an authorised health professional under this Division if the health professional or an employee or agent of the health professional — (a) has, in connection with the person’s administration, manufacture, possession, prescription, supply or use of a poison, contravened any of the following — (i) this Act; (ii) the *Misuse of Drugs Act 1981*; (iia) the *Voluntary Assisted Dying Act 2019*; (iii) the *Agricultural and Veterinary Chemicals Code Act 1994* (Commonwealth); (iv) the Agvet Code of Western Australia; (v) a therapeutic goods law; or (b) has, in connection with the person’s administration, manufacture, possession, prescription, supply or use of a poison — (i) acted carelessly, incompetently or improperly; or (ii) done or omitted to do something, or engaged in conduct, that poses a threat to the health, safety or welfare of a person or of the public; or (c) has done or omitted to do something, or engaged in conduct, that renders the person unfit to administer, manufacture, possess, prescribe, supply or use a poison. (2) However, if grounds for taking action against an authorised health professional arise because of the conduct of an employee or agent, the CEO cannot take action against the health professional under this Division unless the CEO is satisfied that — (a) the employee or agent engaged in the conduct with the knowledge, authority or consent of the health professional; or (b) the health professional failed to take all reasonable measures to prevent the employee or agent engaging in the conduct. (3) There are also grounds for taking action against an authorised health professional under this Division if the health professional requests that the action be taken. [Section 28 amended: No. 27 of 2019 s. 177; No. 19 of 2024 s. 37.] ##### 29. CEO may impose conditions, suspend or cancel authority (1) If the CEO considers that there are grounds for taking action against an authorised health professional under this Division the CEO may, by giving written notice to the health professional — (a) impose on the person’s professional authority any conditions the CEO thinks fit; or (b) suspend the person’s professional authority for a specified period; or (c) cancel the person’s professional authority. (2) A notice given for the purposes of subsection (1) — (a) must set out the grounds on which the action is taken; and (b) takes effect on the day specified in it. (3) Conditions imposed under subsection (1)(a) may include a condition that the health professional must not exercise the authority in relation to a particular poison or class of poisons. (4) Before taking action under subsection (1) the CEO must — (a) give to the authorised health professional written notice of the action that the CEO proposes to take and the grounds on which it is proposed to take that action; and (b) give the health professional a reasonable opportunity to be heard on the matter. (5) However the CEO may take action under subsection (1) without complying with subsection (4) if the CEO considers that the taking of immediate action is essential in order to protect the health, safety and welfare of a person or of the public. (6) If the CEO takes immediate action the CEO must — (a) as soon as practicable after taking the action give the health professional a reasonable opportunity to be heard on the matter; and (b) if the health professional makes any representations to the CEO on the matter, review the decision to take that action after considering those representations. (7) The CEO may, by giving written notice to an authorised health professional — (a) amend or revoke a condition imposed under subsection (1) on the person’s professional authority; or (b) revoke the suspension or cancellation under subsection (1) of the person’s professional authority. (8) The CEO may exercise a power under subsection (7) on his or her own initiative or on the request of the authorised health professional. ##### 30. Effect of conditions, suspension or cancellation (1) If a condition is imposed on a person’s professional authority, the authority conferred on that health professional by section 25 or 26 (as the case requires) is subject to that condition. (2) If a person’s professional authority is suspended, section 25 or 26 (as the case requires) ceases to apply in relation to the person during the period of suspension. (3) If a person’s professional authority is cancelled, section 25 or 26 (as the case requires) ceases to apply in relation to the health professional. ##### 31. CEO may notify regulatory authority if action taken under this Division relevant regulatory authority means — (a) in the case of a registered health practitioner, the National Agency, as defined in the *Health Practitioner Regulation National Law (Western Australia)* section 5; or (b) in the case of a veterinarian, the Veterinary Practice Board of Western Australia established by the *Veterinary Practice Act 2021*. (2) If the CEO takes action against an authorised health professional under this Division, the CEO may notify a relevant regulatory authority of the action taken and the grounds on which the action was taken. [Section 31 amended: No. 19 of 2021 s. 232(5).] ##### 32. Publishing notice of action taken under this Division If the CEO takes action against an authorised health professional under this Division, the CEO may cause notice of the action to be published as follows — (a) in the *Gazette*; (b) on a website maintained by the CEO. ##### 33. Review of decisions by State Administrative Tribunal (a) under section 29(1) to impose a condition on, suspend or cancel a professional authority; or (b) under section 29(7) to amend a condition on a professional authority; or (c) to refuse a request under section 29(8) for the CEO to — (i) amend or revoke a condition imposed on a professional authority; or (ii) revoke the suspension or cancellation of a professional authority, if the request was made more than 2 years after the condition, suspension or cancellation was imposed. (2) A health professional whose professional authority is affected by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. ## Part 4 — Licences, permits and notices ### Division 1 — Licences and permits ##### 34. Licences (1) A licence authorises the licensee to manufacture or supply a poison in accordance with the licence. (2) The regulations may make provision in relation to the types of licences that may be granted under this Act. (3) A licence — (a) must specify the poison or poisons to which the licence applies; and (b) must specify the activities that are authorised by the licence. (4) An agent or employee of a licensee acting within the scope of the agent’s or employee’s actual or apparent authority, may do anything that is authorised by the licence. (5) For the purposes of this Act, if an agent or employee of a licensee does something that is authorised under subsection (4) the licensee is to be taken to have also done the thing. ##### 35. Licences for Schedule 9 poisons A licence granted in relation to a Schedule 9 poison — (a) may authorise the manufacture or supply of a Schedule 9 poison only for educational, experimental or research purposes or for a purpose prescribed by the regulations; and (b) may not authorise the retail supply of a Schedule 9 poison. ##### 36. Permits (1) A permit authorises the permit holder to use a poison in accordance with the permit. (2) The regulations may make provision in relation to the types of permits that may be granted under this Act. (3) A permit — (a) must specify the poison or poisons to which the permit applies; and (b) must specify the purpose for which the poison may be used by the permit holder; and (c) may specify the manner in which the poison may be used by the permit holder. (4) An agent or employee of a permit holder, acting within the scope of the agent’s or employee’s actual or apparent authority, may do anything that is authorised by the permit. (5) For the purposes of this Act, if an agent or employee of a permit holder does something that is authorised under subsection (4) the permit holder is to be taken to have also done the thing. ##### 37. Permits for Schedule 9 poisons A permit granted in relation to a Schedule 9 poison may authorise the use of a Schedule 9 poison only for educational, experimental or research purposes or for a purpose prescribed by the regulations. ### Division 2 — Licensing and permit procedure ##### 38. Application for licence or permit or renewal of licence or permit (1) A person may apply to the CEO for a licence or permit or for the renewal of a licence or permit. (2) An application must be — (a) in the manner and form approved by the CEO; and (b) accompanied by — (i) the application fee prescribed by the regulations (if any); and (ii) the licence or permit fee prescribed by the regulations. (3) If a licence or permit is not granted or renewed, the CEO must refund the licence or permit fee. ##### 39. Further information (1) The CEO may, in writing, require an applicant under section 38 to do any or all of the following — (a) provide the CEO with such further information that is relevant to the application as the CEO requires; (b) verify any further information provided by statutory declaration; (c) provide the CEO with the applicant’s written consent to seek from another person specified in the requirement information about the applicant relevant to the application. (2) The CEO may specify in the requirement a reasonable time within which the applicant must comply with the requirement. (3) The CEO may refuse an application if the applicant does not comply with a requirement under subsection (1) within the time specified in the requirement or, if no time is so specified, within a reasonable time. ##### 40. Timing of application for renewal of licence or permit expiry day, in relation to a licence or permit, is the day on which the licence or permit is due to expire. (2) An application for the renewal of a licence or permit must be made not later than 28 days before the expiry day of a licence or permit. (3) The CEO may, at the request of the licensee or permit holder, accept an application made less than 28 days before the expiry day if the CEO is satisfied that there is sufficient time to determine the application before the expiry day. (4) If an application has been made for the renewal of a licence or permit in accordance with this section then the licence or permit continues to have effect until the application is determined, unless it is sooner suspended or cancelled under section 61. ##### 41. Grant or renewal of licence or permit to individual relevant activity means — (a) in relation to a licence, an activity to be authorised by the licence; or (b) in relation to a permit, the use of a poison for a purpose to be specified in the permit; sufficient, in relation to knowledge or resources, means sufficient to enable each relevant activity to be carried out — (a) in accordance with the Act; and (b) without posing a threat to the health, safety and welfare of a person or of the public. (2) The CEO must grant a licence or permit, or renew a licence or permit, to an applicant who is an individual if the CEO is satisfied that the applicant — (a) has complied with sections 38 and 39; and (b) is at least 21 years of age; and (c) is a fit and proper person to be involved in each relevant activity; and (d) has sufficient knowledge of — (i) each poison to which the licence or permit is to apply; and (ii) the duties and obligations of a licensee or permit holder; and (e) has sufficient material, human and financial resources to carry on the relevant activity; and (f) proposes to carry on each relevant activity at premises which comply with any requirements prescribed by the regulations for the purposes of this paragraph; and (g) proposes to carry on each relevant activity in a manner which complies with any requirements prescribed by the regulations for the purposes of this paragraph; and (h) meets any other requirements prescribed by the regulations. (3) The CEO must not grant a licence or permit, or renew a licence or permit, to an applicant who is an individual unless the CEO is satisfied that the applicant has met the requirements set out in subsection (2). ##### 42. Grant or renewal of licence or permit to partnership (1) The CEO must, on an application made under section 38 by a member of a partnership, grant a licence or permit, or renew a licence or permit, jointly to 2 or more persons who together constitute the partnership, if the CEO is satisfied that — (a) the applicant has complied with sections 38 and 39; and (b) each person who is a member of the partnership complies with section 41(2)(b) to (d) and (h); and (c) the members of the partnership together — (i) meet the requirements set out in section 41(2)(e) to (g); and (ii) meet any other requirements prescribed by the regulations. (2) The CEO must not grant a licence or permit, or renew a licence or permit, jointly to 2 or more persons who together constitute a partnership unless the CEO is satisfied that the requirements set out in subsection (1) have been met. ##### 43. Grant or renewal of licence or permit to body corporate (1) The CEO must grant a licence or permit, or renew a licence or permit, to an applicant that is a body corporate if the CEO is satisfied that — (a) the applicant has complied with sections 38 and 39; and (b) each corporate officer of the body corporate complies with section 41(2)(b) to (d) and (h); and (c) the body corporate — (i) meets the requirements set out in section 41(2)(e) to (g); and (ii) meets any other requirements prescribed by the regulations. (2) The CEO must not grant a licence or permit, or renew a licence or permit, to an applicant that is a body corporate unless the CEO is satisfied that the requirements set out in subsection (1) have been met. ##### 44. Notice of decision The CEO must, as soon as is practicable after making a decision under section 41, 42 or 43, give to the person to whom the decision relates, written notice of — (a) the decision; and (b) if the grant or renewal of a licence or permit has been refused — the person’s right of review under section 63. ##### 45. Form of licence or permit A licence or permit must be in a form approved by the CEO. ##### 46. Duration of licence or permit (1) A licence or permit that is granted or renewed has effect for the period specified in the licence or permit unless it is sooner suspended or cancelled under section 61. (2) The period specified in a licence or permit must not exceed 12 months from the day on which the licence or permit is granted or renewed. ##### 47. Licence or permit not transferable A licence or permit is not transferable. ##### 48. Application to vary licence or permit (1) A licensee may apply to the CEO to vary — (a) the poison or poisons to which the licence applies; or (b) the activities that are authorised by the licence. (2) A permit holder may apply to the CEO to vary — (a) the poison or poisons to which the permit applies; or (b) the purpose for which a poison to which the permit applies may be used by the permit holder; or (c) the manner in which a poison to which the permit applies may be used by the permit holder. (3) An application must be — (a) made in the manner and form approved by the CEO; and (b) accompanied by the fee prescribed by the regulations (if any). (4) Section 39 applies in relation to an application as if a reference in that section to an applicant under section 38 was a reference to an applicant under this section. ##### 49. Variation of licence or permit (1) The CEO must, on an application made under section 48, vary a licence or permit if the CEO is satisfied that — (a) if the applicant is an individual — the requirements set out in section 41(2) are satisfied in relation to the variation; or (b) if the applicant is a member of a partnership — the requirements set out in section 42(1) are satisfied in relation to the variation; or (c) if the applicant is a body corporate — the requirements set out in section 43(1) are satisfied in relation to the variation. (2) The CEO must not vary a licence or permit unless the CEO is satisfied that the requirements set out in subsection (1) are satisfied in relation to the variation. ### Division 3 — Conditions on licences or permits ##### 50. Regulations may prescribe conditions (1) The regulations may make provision in relation to conditions to be imposed on licences or permits. (2) A licence or permit may specify that a prescribed condition does not apply to that licence or permit. ##### 51. CEO may impose conditions (1) The CEO may, when granting or renewing a licence or permit, impose any condition the CEO thinks fit. (2) The CEO may at any time, by giving written notice to a licensee or permit holder — (a) impose a condition on the person’s licence or permit; or (b) amend or revoke a condition imposed on the person’s licence or permit. (3) The CEO may exercise a power under subsection (2) on the CEO’s own initiative or on the application of the licensee or permit holder. (4) The CEO cannot amend or revoke a condition imposed by the State Administrative Tribunal. (5) A notice under subsection (2) takes effect on the day specified in it. (6) The day specified in a notice under subsection (2) cannot be before the licensee or permit holder has had a reasonable opportunity to — (a) make submissions to the CEO in relation to the condition or the amended condition; and (b) take any actions necessary to comply with the condition or amended condition. ##### 52. Application to vary conditions application to vary conditions means an application by a licensee or permit holder under section 51(3). (2) An application to vary conditions must be — (a) made in the manner and form approved by the CEO; and (b) accompanied by the fee prescribed by the regulations (if any). (3) Section 39 applies in relation to an application to vary conditions as if a reference in that section to an applicant under section 38 was a reference to an applicant under section 51(3). ### Division 4 — Change of management or death of licensee or permit holder ##### 53. Term used: change of management For the purposes of this Division there is a change of management in a licensee or permit holder that is a body corporate if — (a) a person becomes a corporate officer of the body corporate; or (b) a person ceases to be a corporate officer of the body corporate. ##### 54. Unauthorised change of management (1) A licensee or permit holder that is a body corporate commits an offence if there is a change of management in the body corporate unless the change of management is approved by the CEO under section 56. (2) It is a defence to a charge under subsection (1) to prove that — (a) the licensee or permit holder — (i) did not know, and could not reasonably be expected to have known, of the change of management in time to make an application under section 55; and (ii) applied under section 57 for approval of the change as soon as practicable after the licensee or permit holder became aware that the change would occur or had occurred; and (b) the application referred to in paragraph (a)(ii) — (i) has been approved under section 58; or (ii) has not been refused. ##### 55. Application for approval of proposed change of management (1) A licensee or permit holder may apply to the CEO for approval of a proposed change of management. (2) An application must — (a) be made in the manner and form approved by the CEO; and (b) be accompanied by the fee prescribed by the regulations (if any); and (c) specify the day on which it is proposed that the change will occur; and (d) be made at least 28 days before that day. (3) The CEO may, at the request of a licensee or permit holder, accept an application made less than 28 days before the day on which it is proposed that a change of management will occur if the CEO is satisfied that there is sufficient time to determine the application before that day. (4) Section 39 applies in relation to an application for approval of a change of management as if a reference in that section to an applicant under section 38 was a reference to an applicant under subsection (1). ##### 56. Grant or refusal of approval of proposed change of management (1) The CEO must, on an application made under section 55, approve a proposed change of management if the CEO is satisfied that the applicant would meet the requirements set out in section 43(1) if the proposed change of management had already occurred. (2) The CEO must not approve a proposed change of management unless the CEO is satisfied that the requirement set out in subsection (1) has been met. (3) The CEO is to be taken to have approved a change of management if — (a) an application has been made under section 55 for an approval of the proposed change of management; and (b) the CEO has not, before the day specified in the application as the day on which it is proposed that the change will occur, either — (i) approved the change; or (ii) required the applicant to provide further information relevant to the application; or (iii) refused to approve the change. (4) If the CEO requires the applicant to provide further information under subsection (3)(b)(ii), then subsection (3) applies as if the reference in subsection (3)(b) to the day specified in the application was a reference to the day that is 28 days after the further information is provided by the applicant. ##### 57. Application for approval after change of management occurs (1) If there is a change of management in a licensee or permit holder that is a body corporate in relation to which an application was not made under section 55, the licensee or permit holder may apply to the CEO under this section for approval of the change. (2) An application must — (a) be made in the manner and form approved by the CEO; and (b) be accompanied by the fee prescribed by the regulations (if any); and (c) specify the day on which the change occurred. (3) Section 39 applies in relation to an application for approval after a change of management has occurred as if a reference in that section to an applicant under section 38 was a reference to an applicant under subsection (1). ##### 58. Grant or refusal of approval of change of management (1) The CEO must, on an application made under section 57, approve a change of management if the CEO is satisfied that — (a) the licensee or permit holder did not know, and could not reasonably be expected to have known, of the change of management in sufficient time to make an application under section 55 before the change occurred; and (b) the application under section 57 was made as soon as practicable after the licensee or permit holder became aware that the change would occur or had occurred; and (c) the applicant meets the requirements set out in section 43(1). (2) The CEO must not approve a change of management unless the CEO is satisfied that the requirements set out in subsection (1) have been met. ##### 59. Death of individual licensee or permit holder executor means a person who is, or is named in the will of the licensee or permit holder as, or intends to apply to become, the executor or administrator of the licensee or permit holder’s estate; permission means permission granted under subsection (4)(a). (2) If a licensee or permit holder who is an individual dies, the person’s executor may apply to the CEO for permission to act as the licensee or permit holder for the purposes of winding up the estate. (3) An application must be made not more than 14 days after the death of the licensee or permit holder, or such longer period as the CEO allows. (4) On an application the CEO may — (a) grant permission for the executor to act as the licensee or permit holder for a period specified by the CEO; or (b) refuse to grant permission. (5) If the CEO grants permission the CEO may impose any conditions the CEO thinks fit on the licence or permit. (6) The CEO may, at any time — (a) extend the period for which the permission is in force; or (b) revoke the permission; or (c) vary the conditions that are imposed on the licence or permit. (7) If an application is made under this section, the applicant is to be taken, for all purposes, to be the licensee or permit holder for the period commencing on the death of the licensee or permit holder and ending — (a) if the application is refused, on the day the application is refused; or (b) if permission is granted, at the end of the period for which the permission is in force. ### Division 5 — Amendment, suspension or cancellation ##### 60. Grounds for taking action (1) There are grounds for taking action against a licensee or permit holder under this Division if the licensee or permit holder or an employee or agent of the licensee or permit holder — (a) has, in connection with the person’s manufacture, supply or use of a poison, contravened any of the following — (i) this Act; (ii) the *Misuse of Drugs Act 1981*; (iii) the *Agricultural and Veterinary Chemicals Code Act 1994* (Commonwealth); (iv) the Agvet Code of Western Australia; (v) a therapeutic goods law; or (b) has, in connection with the person’s manufacture, supply or use of a poison — (i) acted carelessly, incompetently or improperly; or (ii) done or omitted to do something, or engaged in conduct, that poses a threat to the health, safety or welfare of a person or of the public; or (c) has done or omitted to do something, or engaged in conduct, that renders the person unfit to exercise the authority conferred by the licence or permit. (2) However, if grounds for taking action against a licensee or permit holder arise under subsection (1) because of the conduct of an employee or agent, the CEO cannot take action against the licensee or permit holder under this Division unless the CEO is satisfied that — (a) the employee or agent engaged in the conduct with the knowledge, authority or consent of the licensee or permit holder; or (b) the licensee or permit holder failed to take all reasonable measures to prevent the employee or agent engaging in the conduct. (3) There are also grounds for taking action against a licensee or permit holder under this Division if — (a) the licensee or permit holder has obtained the licence or permit because of incorrect or misleading information; or (b) the CEO is no longer satisfied that the licensee or permit holder meets the requirements set out in section 41(2), 42(1) or 43(1) that are relevant to the grant or renewal of the licence or permit; or (c) a poison to which the licence applies ceases to be included in a particular Schedule and becomes included in a different Schedule; or (d) the licensee or permit holder requests that the action be taken. [Section 60 amended: No. 19 of 2024 s. 38.] ##### 61. CEO may amend, suspend or cancel licence or permit (1) If the CEO considers that there are grounds for taking action against a licensee or permit holder under this Division the CEO may, by giving written notice to the person — (a) amend the licence or permit to change the poison or poisons to which it applies; or (b) suspend the licence or permit for a specified period; or (c) cancel the licence or permit. (2) A notice given for the purposes of subsection (1) — (a) must set out the grounds on which the action is taken; and (b) takes effect on the day specified in it. (3) Before taking action under subsection (1) the CEO must — (a) give to the licensee or permit holder written notice of the action that the CEO proposes to take and the grounds on which it is proposed to take that action; and (b) give the person a reasonable opportunity to be heard on the matter. (4) However, the CEO may take action under subsection (1) without complying with subsection (3) if the CEO considers that the taking of immediate action is essential in order to protect the health, safety and welfare of a person or of the public. (5) If the CEO takes immediate action the CEO must — (a) as soon as practicable after taking the action give the licensee or permit holder a reasonable opportunity to be heard on the matter; and (b) if the person makes any representations to the CEO on the matter, review the decision to take that action after considering those representations. (6) If a licence or permit is suspended it is of no effect during the period of suspension. ##### 62. Publishing notice of action taken under this Division If the CEO takes action against a licensee or permit holder under this Division, the CEO may cause notice of the action to be published in the *Gazette*. ### Division 6 — Review of licensing and permit decisions ##### 63. Review of decisions person affected means — (a) in relation to a reviewable decision about an application, the applicant; or (b) in relation to any other reviewable decision, the licensee or permit holder whose licence or permit is affected by the decision; (a) to refuse a request under section 40(3) to accept an application; (b) under section 41, 42 or 43 to refuse to grant or renew a licence or permit; (c) under section 49 to refuse to vary a licence or permit; (d) under section 51 to — (i) impose a condition on a licence or permit; or (ii) amend or revoke, or refuse to amend or revoke, a condition imposed on a licence or permit; (e) under section 55(3) to refuse a request to accept an application; (f) under section 56 or 58 to refuse to approve a change of management; (g) under section 61 to amend, suspend or cancel a licence or permit. (2) A person affected by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. ### Division 7 — General provisions ##### 64. False or misleading information A person commits an offence if the person provides information, in relation to an application under this Part, that the person knows to be — (a) false or misleading in a material particular; or (b) likely to deceive in a material way. ##### 65. Amendment to correct error (1) The CEO may amend a licence or permit to correct — (a) a clerical mistake, error or unintentional omission; or (b) a misdescription of a person, activity or thing. (2) The CEO must give to the licensee or permit holder written notice of the amendment. ##### 66. Licence or permit to be produced if amended (1) For the purposes of this section a licence or permit is amended if — (a) the licence or permit is varied under section 49; or (b) the licence or permit is amended under section 65; or (c) a new condition is imposed on the licence or permit; or (d) a condition imposed on the licence or permit is amended or revoked. (2) If a licence or permit is amended — (a) the licensee or permit holder must return the licence or permit document to the CEO; and (b) the CEO must issue a replacement licence or document showing the amendment. ##### 67. Replacement licence or permit If the CEO is satisfied that a licence or permit has been lost or destroyed, the CEO may, on payment of the fee prescribed by the regulations, issue a replacement licence or permit. ##### 68. Certified copy of licence or permit (1) The CEO may, on payment of the fee prescribed by the regulations, provide to a person a certified copy of a licence or permit. (2) A certified copy of a licence or permit must include all of the conditions imposed on the licence or permit at the time the certified copy is given. ##### 69. Production of licence or permit for inspection A licensee or permit holder who, on the request of an investigator, fails to produce the licence or permit for inspection by the investigator as soon as is practicable commits an offence. ##### 70. Return of licence or permit (1) A person who is or was a licensee or permit holder commits an offence if the person fails to return the licence or permit to the CEO within 7 days of the cancellation or suspension of the licence or permit. (2) The CEO must return a licence or permit to the licensee or permit holder as soon as is practicable after the suspension of the licence or permit ceases. ### Division 8 — Notices ##### 71. Compliance notices (1) The CEO may, by notice in writing given to a person, impose restrictions on the supply of a Schedule 5 or 6 poison by the person if the CEO considers that the restriction is necessary to protect the health, safety and welfare of a person or of the public. (2) A notice given under subsection (1) — (a) has effect according to its terms; and (b) has effect when the notice is given to the person; and (c) may be varied or revoked by subsequent notice in writing given to the person by the CEO. ##### 72. Schedule 7 notices (1) The CEO may, if the CEO considers that it is necessary to protect the health, safety and welfare of a person or of the public — (a) by notice in writing given to a person, impose restrictions on the supply, use or possession of a Schedule 7 poison by the person; or (b) by notice published in the *Gazette*, impose restrictions on the supply, use or possession of a Schedule 7 poison by a class of persons specified in the notice or in circumstances or locations specified in the notice. (2) A notice given by the CEO under subsection (1) — (a) has effect according to its terms; and (b) has effect — (i) if the notice applies to a particular person, when the notice is given to the person; or (ii) otherwise, on the day after the day on which the notice is published in the *Gazette* or as specified in the notice; and (c) may be varied or revoked by the CEO by subsequent notice given in the form referred to in subsection (1) as appropriate. ##### 73. Review of decisions (a) under section 71 to impose restrictions on the supply of a poison by a person; (b) under section 72 to impose restrictions on the supply, use or possession of a poison by a person. (2) A person on whom restrictions are imposed by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision. ## Part 5 — Register of licences, permits, notices and restricted professional authorities ##### 74. Terms used appropriate licence has the meaning given in section 12; appropriate permit has the meaning given in section 12; notice means a notice given under Part 4 Division 8; restricted health professional means a health professional whose professional authority — (a) is subject to any conditions imposed under section 29(1)(a); or (b) is suspended under section 29(1)(b); or (c) has been cancelled under section 29(1)(c). ##### 75. CEO to maintain register (1) The CEO must keep an accurate and up‑to‑date register of the following — (a) licences; (b) permits; (c) notices; (d) restricted health professionals. (2) The register may be kept in the manner and form determined by the CEO. (3) The CEO must record in the register, for each licence, permit, notice or restricted health professional, such information as is prescribed by the regulations. ##### 76. Inspection of register (1) The register must be available during normal office hours for inspection by the following persons — (a) the holder of an appropriate licence; (b) the holder of an appropriate permit; (c) an authorised health professional. (2) For the purposes of subsection (1), the register may be made available for inspection on a website maintained by the CEO. (3) The CEO must, on payment of the fee prescribed by the regulations, provide to a person referred to in subsection (1) a copy, or a certified copy, of all or any part of the register. ## Part 6 — Drugs of addiction ### Division 1 — Preliminary ##### 77. Terms used (1) In this Part — client means — (a) in relation to a pharmacist — a person to whom the pharmacist supplies a drug of addiction; or (b) in relation to a veterinarian — a person for whose animal the veterinarian prescribes a drug of addiction; or (c) in relation to any other authorised health professional — a patient for whom the practitioner prescribes a drug of addiction; drug dependent person means a person who has acquired, as a result of repeated administration of drugs of addiction or Schedule 9 poisons, an overpowering desire for the continued administration of a drug of addiction or a Schedule 9 poison; drug of addiction means — (a) a Schedule 8 poison; or (b) a Schedule 4 reportable poison; oversupplied person means a person who has over a period of time obtained, or obtained prescriptions for, quantities of drugs of addiction that are greater than is reasonably necessary for therapeutic use;