Sch 4reportable poison means a Schedule 4 poison prescribed by regulations referred to in subsection (2) to be a drug of addiction.

Schedule 4 reportable poison means a Schedule 4 poison prescribed by regulations referred to in subsection (2) to be a drug of addiction. (2) The regulations may prescribe a Schedule 4 poison that has a high propensity for misuse, abuse or illicit use to be a drug of addiction. [Section 77 amended: No. 19 of 2021 s. 232(6).] ### Division 2 — Self‑prescription ##### 78. Self‑prescription A person who prescribes a drug of addiction for himself or herself commits an offence. ##### 79. Defence: emergency It is a defence to a charge under section 78 to prove that the person reasonably believed that — (a) the immediate administration of the poison was necessary for therapeutic purposes; and (b) it was not reasonably practicable to arrange for another person to prescribe the poison without there being a delay that would pose an unreasonable threat to the health, safety and welfare of the person. ### Division 3 — Drug dependent persons ##### 80. Practitioner to inform CEO of drug dependent status of patient (1) An authorised health professional who reasonably believes that a patient of the practitioner is a drug dependent person commits an offence if the practitioner does not make a report in accordance with subsection (2). (2) A report must — (a) be made to the CEO within 48 hours of an authorised health practitioner forming a belief that a person is a drug dependent person; and (b) set out the grounds on which the belief is based. ##### 81. CEO may include drug dependent person on drugs of addiction record (1) The CEO may decide to include the name of a person on the drugs of addiction record as a drug dependent person if the CEO reasonably believes that the person is a drug dependent person. (2) Before making a decision under subsection (1) to include the name of a person on the drugs of addiction record the CEO must — (a) inform the person of — (i) the CEO’s belief and the grounds on which it is based; and (ii) the CEO’s power under subsection (1); and (iii) the consequences of having his or her name included on the drugs of addiction record; and (b) give the person a reasonable opportunity to show why his or her name should not be included on the drugs of addiction record. ##### 82. Recording and notification of drug dependent status (1) If the CEO decides under section 81(1) to include the name of a person on the drugs of addiction record, the CEO must — (a) record that decision, and the grounds on which it was made, on the drugs of addiction record; and (b) give a notice that complies with subsection (2) to — (i) the drug dependent person; and (ii) the authorised health professional (if any) who notified the CEO of the practitioner’s belief that the person was a drug dependent person; and (iii) the person (if any) whom the CEO considers to be the drug dependent person’s primary health care provider; and (iv) if the CEO considers it to be in the best interests of the drug dependent person’s health to do so — any other person whom the CEO considers may be requested to supply a drug of addiction to, or prescribe a drug of addiction for, the drug dependent person. (2) A notice under subsection (1)(b) must set out the following — (a) that the name of the person has been included on the drugs of addiction record as a drug dependent person; (b) the grounds on which it was decided that the person is a drug dependent person; (c) the consequences of the name of the person being included on the drugs of addiction record as a drug dependent person; (d) the effect of section 83; (e) any other information that the CEO considers is in the best interests of the drug dependent person’s health, safety and welfare to provide. ##### 83. Supply or prescription of drugs of addiction to or for drug dependent persons (1) The regulations may make provision relating to the supply of a drug of addiction to, or the prescription of a drug of addiction for, a person whose name is included on the drugs of addiction record as a drug dependent person. (2) A person who supplies a drug of addiction to, or prescribes a drug of addiction for, a person whose name is included on the drugs of addiction record as a drug dependent person commits an offence unless the supply or prescription is in accordance with the regulations. (3) Regulations referred to in subsection (1) cannot make provision in relation to the supply or prescription, for the purposes of the *Voluntary Assisted Dying Act 2019*, of a drug of addiction that is a voluntary assisted dying substance. [Section 83 amended: No. 27 of 2019 s. 178.] ### Division 4 — Oversupplied persons ##### 84. Practitioner to inform CEO of oversupplied status of client (1) An authorised health professional who reasonably believes that a client of the professional is an oversupplied person commits an offence if the practitioner does not make a report in accordance with subsection (2). (2) A report must — (a) be made to the CEO within 48 hours of an authorised health practitioner forming a belief that a person is an oversupplied person; and (b) set out the grounds on which the belief is based. ##### 85. CEO may include oversupplied person on drugs of addiction record (1) The CEO may decide to include the name of a person on the drugs of addiction record as an oversupplied person if the CEO reasonably believes that the person is an oversupplied person. (2) The CEO is not required to include the name of a person in the drugs of addiction record if the CEO is satisfied that there is a reasonable explanation for the quantity of drugs of addiction that have been obtained by, or prescribed for, the person. (3) Before making a decision under subsection (1) to include the name of a person on the drugs of addiction record the CEO must — (a) inform the person of — (i) the CEO’s belief and the grounds on which it is based; and (ii) the CEO’s power under subsection (1); and (iii) the consequences of having his or her name included on the drugs of addiction record; and (b) give the person a reasonable opportunity to show why his or her name should not be included on the drugs of addiction record. ##### 86. Recording and notification of oversupplied status (1) If the CEO decides under section 85(1) to include the name of a person on the drugs of addiction record, the CEO must — (a) record that decision, and the grounds on which it was made, on the drugs of addiction record; and (b) give a notice that complies with subsection (2) to — (i) the oversupplied person; and (ii) the authorised health professional (if any) who notified the CEO of the professional’s belief that the person was an oversupplied person; and (iii) the person (if any) whom the CEO considers to be the oversupplied person’s primary health care provider; and (iv) if the CEO considers it to be in the best interests of the oversupplied person’s health to do so — any other person whom the CEO considers may be requested to supply a drug of addiction to, or prescribe a drug of addiction for, the oversupplied person. (2) A notice under subsection (1)(b) must set out the following — (a) that the name of the person has been included on the drugs of addiction record as an oversupplied person; (b) the grounds on which it was decided that the person is an oversupplied person; (c) the consequences of the name of the person being included on the drugs of addiction record as an oversupplied person; (d) the effect of section 87; (e) any other information that the CEO considers it is in the best interests of the oversupplied person’s health, safety and welfare to provide. ##### 87. Supply or prescription of drugs of addiction to or for oversupplied persons (1) The regulations may make provision relating to the supply of a drug of addiction to, or the prescription of a drug of addiction for, a person whose name is included on the drugs of addiction record as an oversupplied person. (2) A person who supplies a drug of addiction to, or prescribes a drug of addiction for, a person whose name is included on the drugs of addiction record as an oversupplied person commits and offence unless the supply or prescription is in accordance with the regulations. ### Division 5 — Drugs of addiction record ##### 88. Drugs of addiction record (1) The CEO is to keep a record of — (a) information relating to the supply and prescription of drugs of addiction; and (b) drug dependent persons and oversupplied persons. (2) The record must include — (a) information recorded under section 82 or 86; and (b) other information of a kind prescribed by the regulations as information that must be included on the drugs of addiction record. (3) The record may include — (a) information prescribed for the purposes of section 23(1) relating to drugs of addiction that has been provided to the CEO; and (b) other information of a kind prescribed by the regulations as information that may be included on the drugs of addiction record; and (c) information that is reasonably necessary to administer the drugs of addiction record. (4) The CEO must not include on the drugs of addiction record information of a kind prescribed by the regulations as information that must not be included on the record. (5) Subject to the regulations, the drugs of addiction record must be kept in the manner and form determined by the CEO. ##### 89. Purposes for which drugs of addiction record is kept The drugs of addiction record is to be kept for the following purposes — (a) to plan, monitor and evaluate services for the control of the supply or prescription of drugs of addiction in Western Australia; (b) to compile and publish general or statistical information relating to drugs of addiction; (c) to conduct health research relating to the use of drugs of addiction; (d) to monitor and enforce compliance with this Act; (e) to carry out any of the CEO’s functions under this Act or any other written law. ##### 90. Amending information in drugs of addiction record (1) A person whose name is included on the drugs of addiction record may at any time apply to the CEO for — (a) the amendment of information on the record relating to the person; or (b) for the removal from the record of identifying information about the person. (2) The CEO may, on an application made under subsection (1) or at any time, amend information included on the drugs of addiction record, including the removal of identifying information about a person — (a) to correct an error or omission; or (b) if the CEO considers that it is not accurate or up‑to‑date or is misleading. ##### 91. CEO may authorise disclosure of information (1) The CEO may authorise disclosure of information on the drugs of addiction record to an authorised health professional if the person to whom the information relates is a client of the health professional. (2) The CEO may authorise the disclosure of information on the drugs of addiction record, other than identifying information, for a purpose mentioned in section 89. (3) The CEO must, on payment of the fee prescribed by the regulations (if any), provide a copy, or a certified copy, of the information included on the drugs of addiction record in relation to a person (the patient) as at a specified date to — (a) a person who supplied a drug of addiction to, or prescribed a drug of addiction for, the patient on that date; or (b) an authorised health professional who proposes to supply a drug of addiction to, or prescribe a drug of addiction for, the patient. ### Division 6 — Review of decisions by State Administrative Tribunal ##### 92. Review of decision to include person in drugs of addiction record reviewable decision means a decision by the CEO — (a) under section 81(1) to include the name of a person on the drugs of addiction record as a drug dependent person; or (b) under section 85(1) to include the name of a person on the drugs of addiction record as an oversupplied person. (2) A person in relation to whom a reviewable decision has been made may apply to the State Administrative Tribunal for a review of the decision. ## Part 7 — Investigation and enforcement ### Division 1 — Preliminary ##### 93. Terms used entry warrant means a warrant issued under section 110(1); place means any land, building, structure, tent or vehicle; vehicle means any thing capable of transporting people or things by air, road, rail or water, irrespective of whether the thing is permanently or semi‑permanently stationary. ##### 94. This Part’s relationship with other laws The powers conferred by this Part on a person are in addition to, and do not derogate from any powers conferred on the person by the *Health Practitioner Regulation National Law (Western Australia)* or the *Misuse of Drugs Act 1981*. ### Division 2 — Investigators ##### 95. Designation of investigators (1) The CEO may, by instrument in writing, designate any of the following persons as an investigator for the purposes of this Act — (a) a public service officer; (b) a person employed or engaged under the *Public Sector Management Act 1994* section 100 by the employing authority of the Department; (c) a person employed by — (i) a local government or regional local government under the *Local Government Act 1995* section 5.36; or (ii) a regional subsidiary. (2) A person may be designated to be an investigator for a fixed or indefinite period. (3) The CEO may, by instrument in writing, revoke a designation at any time. (4) The functions of an investigator are subject to any limitations or conditions specified in the instrument of designation. [Section 95 amended: No. 26 of 2016 s. 72.] ##### 96. CEO has functions of investigator The CEO — (a) has and may perform all of the functions of an investigator; and (b) when performing those functions, has all the powers and immunities of an investigator. ##### 97. Police have functions of investigator (1) For the purposes of this Act, a police officer — (a) has and may perform all the functions of an investigator; and (b) when performing those functions, has all the powers and immunities of an investigator. (2) The powers that a police officer may exercise in performing a function under this section are in addition to the powers that the police officer has under any other law. ##### 98. Identity cards (1) The CEO must give each investigator an identity card. (2) An identity card must — (a) identify the person as an investigator; and (b) contain a recent photograph of the person. (3) A person who, without a reasonable excuse, fails to return the person’s identity card to the CEO within 14 days of ceasing to be an investigator commits an offence. (4) An investigator must carry his or her identity card at all times when exercising powers or performing functions as an investigator. ##### 99. Production and display of identity card (1) An investigator may exercise a power in relation to someone only if — (a) the investigator first produces the investigator’s identity card for the person’s inspection; or (b) the investigator has the identity card displayed so it is clearly visible to the person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the investigator may exercise the power and then produce the identity card for inspection by the person at the first reasonable opportunity. ##### 100. Limitation on powers of investigators (1) The powers of an investigator may be limited in one or more of the following ways — (a) under a regulation; (b) under a limitation or condition specified in the person’s instrument of designation as an investigator; (c) by written notice given by the CEO to the investigator. (2) The CEO may revoke or vary a limitation or condition referred to in subsection (1)(b) or a notice referred to in subsection (1)(c). ### Division 3 — Investigations ##### 101. Investigations: purpose and procedure (1) An investigation may be carried out for either or both of the following purposes — (a) monitoring whether this Act is being complied with; (b) investigating a suspected contravention of this Act. (2) The regulations may make provision relating to the procedures to be followed by investigators when carrying out functions under this Act. ##### 102. Entry powers (1) For the purposes of carrying out an investigation an investigator may at any reasonable time enter and remain in or on any of the following places — (a) a place in or on which the investigator has reasonable cause to believe that there are records that are relevant to an investigation; (b) a place on which an authorised health professional, a licensee or a permit holder carries on business; (c) a place in or on which the investigator has reasonable cause to believe that a contravention of this Act has occurred, is occurring or is likely to occur. (2) An investigator is not entitled under this section to enter a restricted place unless — (a) the occupier of the premises consents; or (b) the investigator has the authority of an entry warrant. (3) For the purposes of subsection (2) — restricted place means — (a) any part of a place that is used for residential purposes; or (b) any part of a hospital, health care facility or place at which a health professional carries on business in which a patient is being treated. ##### 103. Powers after entry for investigation (1) An investigator who enters a place under section 102(1) or under the authority of an entry warrant may, for the purposes of the investigation, do any of the following — (a) inspect the place and any thing at the place; (b) search the place and any thing at the place; (c) examine, measure, test, photograph or film the place and any thing at the place; (d) operate a computer or other thing at the place; (e) take any thing, or sample of or from a thing, at the place for analysis or testing; (f) make a copy of, take an extract from, or download or print out, any record that the investigator suspects on reasonable grounds is relevant to the investigation; (g) seize any thing that is or may afford evidence of a contravention of this Act; (h) secure against interference a thing found in or on the place that cannot be conveniently removed; (i) seize a record that the investigator suspects on reasonable grounds is relevant to the investigation and retain it for as long as is necessary for the purposes of this Act; (j) direct a person who is at the place to do any of the following — (i) state the person’s full name, date of birth, the address of where the person is living and the address of where the person usually lives; (ii) answer (orally or in writing) questions asked by the investigator; (iii) produce records that are relevant to the investigation and are in the person’s custody or under the person’s control; (iv) operate a computer or other thing at the place; (v) provide access (free of charge) to photocopying equipment at the place to enable the copying of documents; (vi) give the investigator a translation, code, password or other information necessary to gain access to or interpret and understand a record; (vii) give other assistance the investigator reasonably requires. (2) An investigator who enters a place under section 102(1) is not entitled under this section to seize any patient records or data relating to a patient unless the occupier of the premises consents. (3) For the purposes of subsection (2) — patient records does not include a prescription or a record of the supply or administration of a medicine to a patient. (4) If an investigator takes any thing away from the place, the investigator must give the occupier of the place a receipt for the thing. ##### 104. Obtaining information and documents (1) An investigator, for the purpose of an investigation, may do any of the following — (a) direct a person to give such information as the investigator requires in relation to any matter the subject of the investigation; (b) direct a person to answer a question put to the person in relation to any matter the subject of the investigation; (c) direct a person to produce a record that is relevant to an investigation and is in the person’s custody or under the person’s control; (d) examine and make a copy of a record produced in response to a direction under paragraph (c). (2) A direction under subsection (1)(a) or (b) — (a) must specify the time at or within which the information or answer is to be given; and (b) may require the information or answer — (i) to be given orally or in writing; or (ii) to be given at or delivered to a place specified in the direction; or (iii) in the case of written information or a written answer, to be delivered by means specified in the direction; or (iv) to be verified by statutory declaration. (3) A direction under subsection (1)(c) — (a) must be in writing given to the person required to produce the record; and (b) must specify the time at or within which the record is to be produced; and (c) may require that the record be produced — (i) at a place specified in the direction; and (ii) by any means specified in the direction. [Section 104 amended: No. 14 of 2025 s. 27(2).] ##### 105. Use of force and assistance (1) An investigator may use assistance and force that is reasonably necessary in the circumstances when exercising a power under this Act. (2) However, if the use of reasonable force is likely to cause significant damage to property, the investigator is not entitled to use force without the authority of the CEO in the particular case. (3) An investigator may request a police officer or other person to assist the investigator in exercising powers under this Act. (4) A person, while assisting an investigator at the request of the investigator and in accordance with this Act — (a) has the same powers as conferred on an investigator; and (b) is subject to the same responsibilities as an investigator; and (c) has the same protection from liability as an investigator. (5) Nothing in this section derogates from the powers of a police officer. ##### 106. Obstruction (1) A person who hinders or obstructs the CEO, an investigator, a person assisting an investigator or a police officer who is exercising a power conferred by this Act commits an offence. (2) It is a defence to a charge under this section in relation to an investigator to prove — (a) that the investigator did not show his or her identity card to the person or did not otherwise identify himself or herself to the person as an investigator; and (b) that the person did not otherwise know that the investigator was an investigator. ##### 107. Directions generally (1) Except as otherwise stated in this Division, a direction under this Division may be given orally or in writing. (2) A person given a direction under this Division who, without reasonable excuse, fails to comply with the direction commits an offence. ##### 108. Investigator may supply, obtain and possess poison An investigator who, in the course of conducting an investigation, supplies, obtains or has possession of, a poison or a strictly controlled substance does not commit an offence under this Act. ### Division 4 — Entry warrants ##### 109. Warrant to enter place (1) An investigator may apply to a justice of the peace for an entry warrant authorising the person to enter a place for the purposes of an investigation. (2) An investigator may apply for an entry warrant for a place even if, under this Act, the investigator may enter the place without an entry warrant. (3) The application must be made in accordance with the *Criminal Investigation Act 2006* section 13 and section 13(8) of that Act applies in relation to the entry warrant. (4) An application for an entry warrant must — (a) describe with reasonable particularity the place to be entered; and (b) state that the investigator has reasonable grounds for believing that entry to the place is necessary for the purposes of an investigation; and (c) state the purposes for which entry to the place is required; and (d) include any other information that is prescribed by the regulations. ##### 110. Issue of entry warrant (1) A justice of the peace to whom an application is made under section 109 may issue an entry warrant if satisfied that there are reasonable grounds for believing that entry and inspection of the place are necessary for the purposes of an investigation. (2) An entry warrant must contain the following information — (a) a reasonably particular description of the place to which it relates; (b) a reasonably particular description of the purposes for which entry to the place is required; (c) the period, not exceeding 7 days, in which it may be executed; (d) the name of the justice of the peace who issued it; (e) the date and time when it was issued. ##### 111. Effect of entry warrant (1) An entry warrant has effect according to its content and this section. (2) An entry warrant comes into force when it is issued by a justice of the peace. (3) An entry warrant authorises the investigator executing the warrant to, during the period of the warrant — (a) enter the place described in the warrant; and (b) exercise the powers referred to in section 103. ##### 112. Execution of entry warrant (1) An entry warrant may be executed by the investigator to whom it is issued or by any other investigator. (2) An investigator executing an entry warrant must, at the reasonable request of a person apparently in charge of the place, produce the warrant. ### Division 5 — Seized things and forfeiture ##### 113. Forfeiture on conviction (1) On the conviction of a person for an offence under this Act, the court may order the forfeiture to the State of any thing that was the subject of, used in or otherwise involved in, the commission of the offence. (2) The court may make the order — (a) whether or not the thing was seized in the course of the investigation of the offence; and (b) if the thing was seized, whether or not it has been returned to its owner. (3) The court may make any order it considers appropriate to enforce the forfeiture. ##### 114. Disposal of seized and forfeited property The Department, when assisting the Minister in the administration of this Act, is a prescribed agency for the purposes of the *Criminal and Found Property Disposal Act 2006*. ### Division 6 — Penalties and other orders ##### 115. General penalties (1) The penalty for an offence under a provision listed in the Table is — (a) if the offence relates to — (i) a drug of addiction within the meaning given in section 77; or (ii) a Schedule 9 poison; or (iii) a strictly controlled substance; or (iv) a voluntary assisted dying substance prescribed, supplied, possessed or used for the purposes of the *Voluntary Assisted Dying Act 2019*, a fine of $45 000 and imprisonment for 3 years; or (b) otherwise — a fine of $45 000. | s. 14(1), (2), (3) and (4) | s. 16(1), (2) and (3) | | s. 17 | s. 18(1) and (2) | | s. 21(1) and (3) | s. 22(1) | | s. 24(2) and (4) | | (2) The penalty for an offence under a provision listed in the Table is $30 000. | s. 13(1) and (4) | s. 15(1) and (2) | | s. 19 | s. 20(1) | | s. 23(1) and (2) | s. 64 | | s. 78 | s. 83(2) | | s. 87(2) | | (3) The penalty for an offence under a provision listed in the Table is $15 000. | s. 54(1) | s. 69 | | s. 70(1) | s. 98(3) | | s. 106(1) | s. 107(2) | | s. 134(2) | | (4) The penalty for an offence under a provision listed in the Table is $5 000. | s. 80(1) | s. 84(1) | [Section 115 amended: No. 27 of 2019 s. 179.] ##### 116. Order as to costs of analysis (1) In any proceedings under this Act, if evidence is given of an analysis made for the purposes of this Act, the court may, in addition to any other order as to costs, make an order as to the costs of, and incidental to, the obtaining of the analysis and the giving of evidence as to the analysis. (2) An order may be made under subsection (1) regardless of the outcome of the proceedings. ##### 117. Court to notify CEO of conviction of licensee, permit holder or authorised health professional If a court convicts a licensee, a permit holder or an authorised health professional of an offence under this Act, the registrar of the court is to send to the CEO notice of the findings and the penalty imposed. ### Division 7 — Liability of certain persons ##### 118. Liability of officers for offence by body corporate (1) *The Criminal Code* section 39 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table A. Table A | s. 13(1) and (4) | s. 15(1) and (2) | | s. 19 | s. 20(1) | | s. 23(1) and (2) | s. 24(2) | | s. 54(1) | s. 64 | | s. 106(1) | s. 107(2) | (2) *The Criminal Code* section 41 (which provides for the criminal liability of officers of a body corporate) applies to an offence under a provision of this Act listed in Table B. Table B | s. 14(1) and (4) | s. 16(1), (2) and (3) | | s. 17 | s. 18(1) and (2) | | s. 21(3) | s. 22(1) | | s. 24(4) | | [Section 118 inserted: No. 9 of 2023 s. 102.] ##### 119. Liability of members of partnership for acts of other members of partnership (1) If a member of a partnership is alleged to have committed an offence under this Act, every person who was a member of the partnership at the time of the alleged offence may be charged with the offence whether or not the person who is alleged to have committed the offence is charged with the offence. (2) Subject to subsection (3), a member of a partnership is to be taken to have committed an offence if — (a) the member of a partnership is charged with the offence as permitted under subsection (1); and (b) it is proved that another member of the partnership committed the offence. (3) If a member of a partnership is charged as permitted under subsection (1) it is a defence to prove that — (a) the offence was committed without the member’s knowledge, authority or consent; and (b) the member took all the measures to prevent the commission of the offence that the member could reasonably be expected to have taken having regard to all the circumstances. ##### 120. Liability of principal for acts of agent (1) If a person (the agent) acting, otherwise than as an employee, for or on behalf of another person (the principal) is charged with an offence under this Act, the principal may also be charged with the offence. (2) If an agent is convicted of an offence and the principal is also charged with the offence as permitted under subsection (1) then, subject to subsection (5), the principal is to be taken to have also committed the offence. (3) If a person (the agent) acting, otherwise than as an employee, for or on behalf of another person (the principal) is alleged to have committed an offence under this Act, the principal may be charged with the offence whether or not the agent is charged with the offence. (4) Subject to subsection (5), a principal is to be taken to have committed an offence if — (a) the principal is charged with an offence as permitted under subsection (3); and (b) it is proved that the agent committed the offence. (5) If under this section a principal is charged with an offence it is a defence to prove that — (a) the offence was committed without the principal’s knowledge, authority or consent; and (b) the principal took all the measures to prevent the commission of the offence that the principal could reasonably be expected to have taken having regard to all the circumstances. ##### 121. Liability of employer for acts of employee (1) If an employee of another person (the employer) is charged as an employee with an offence under this Act, the employer may also be charged with the offence. (2) Subject to subsection (5), an employer is to be taken to have committed an offence if — (a) the employer is charged with the offence as permitted under subsection (1); and (b) it is proved that the employee committed the offence. (3) If an employee of another person (the employer) is alleged to have committed an offence under this Act as an employee, the employer may be charged with the offence — (a) whether or not the employee is charged with the offence; and (b) whether or not the employee acted without the employer’s authority or contrary to the employer’s orders or instructions. (4) Subject to subsection (5), an employer is to be taken to have committed an offence if — (a) the employer is charged as permitted under subsection (3); and (b) it is proved that the employee committed the offence. (5) If under this section an employer is charged with an offence it is a defence to prove that — (a) the offence was committed without the employer’s knowledge, authority or consent; and (b) the employer took all the measures to prevent the commission of the offence that the employer could reasonably be expected to have taken having regard to all the circumstances. ### Division 8 — Legal proceedings ##### 122. Who may commence proceedings A prosecution for an offence under this Act may only be commenced by the CEO or by a person authorised by the CEO to do so. ##### 123. Time limit for prosecutions (1) A prosecution for an offence under this Act must be commenced within 2 years after the day on which the offence is alleged to have been committed. (2) However, if a prosecution notice alleging an offence specifies the day on which evidence of the alleged offence first came to the attention of a person authorised under section 122 to institute the prosecution — (a) the prosecution may be commenced within 2 years after that day; and (b) the prosecution notice need not contain particulars of the day on which the offence is alleged to have been committed. (3) The day on which evidence first came to the attention of a person authorised under section 122 to institute a prosecution, in the absence of evidence to the contrary, is the day specified in the prosecution notice. ### Division 9 — Evidentiary matters ##### 124. Terms used In this Division — approved analyst means a person, or a person in a class of person, approved by the CEO to carry out analysis for the purposes of this Act or specified provisions of this Act; specified, in relation to a prosecution notice, certificate or other document, means specified in that prosecution notice, certificate or document; specified time includes a specified period. ##### 125. Application of Division (1) This Division applies for the purpose of proceedings for an offence under this Act. (2) A provision of this Division that provides for a matter to be taken to be proved applies only in the absence of evidence to the contrary. (3) This Division is in addition to and does not affect the operation of the *Evidence Act 1906*. ##### 126. Evidence of various matters An allegation in a prosecution notice of any of the following matters is to be taken to be proved — (a) that the prosecutor is authorised to commence the prosecution; (b) that something is a specified substance; (c) that at a specified time a specified substance was a poison included in a specified Schedule; (d) that an act done in relation to a poison was done as part of the process of producing the poison or bringing it to its final state; (e) that a document is or is not a prescription; (f) that at a specified time a specified person was or was not any of the following — (i) a registered health practitioner; (ii) a veterinarian; (iii) a member of a class of person prescribed for the purposes of the definition of ***health professional*** in section 3; (iv) a member of a class of person prescribed for the purposes of section 25; (v) the holder of a licence of a specified kind; (vi) the holder of a permit of a specified kind; (vii) a corporate officer of a body corporate; (viii) an employee or agent of another specified person; (ix) a patient of another specified person; (x) an investigator; (xi) the holder of a specified office; (g) that at a specified time a licence, permit or professional authority — (i) did or did not authorise a specified person to manufacture, supply, use or prescribe a specified poison; or (ii) was subject to a specified condition; or (iii) was cancelled, suspended or for any other reason of no effect; (h) that at a specified time — (i) a poison was or was not packaged in a specified manner; or (ii) a container containing a poison was or was not labelled in a particular manner; (i) that at a specified time the name of a specified person was or was not included on the drugs of addiction record as — (i) a drug dependent person; or (ii) an oversupplied person. [Section 126 amended: No. 19 of 2021 s. 232(7).] ##### 127. Evidence of purpose or intent act includes having possession of a thing. (2) An allegation in a prosecution notice that an act was done by a person for a specified purpose or with a specified intent or knowledge is, on proof of the act being done by the person, to be taken to be proved. ##### 128. Evidence in relation to documents (1) A document certified by the CEO to be a true copy of a document of a kind described in subsection (2) as at a specified date — (a) is to be taken to be proved to be a copy of the original document as at that date; and (b) is admissible in the same way, and has the same evidentiary value, as the original. (2) Subsection (1) applies to each of the following — (a) a licence; (b) a permit; (c) a notice given by the CEO under Part 4 Division 8; (d) a designation under section 95; (e) a code adopted by the regulations. (3) A document certified by the CEO to be a true copy of the register, or any part of the register, as at a specified date is proof of the contents of the register, or that part of the register, as at that date. (4) A document certified by the CEO to be a true copy of information recorded in the drugs of addiction record in relation to a particular person or matter as at a specified date is proof of the information recorded in the drugs of addiction record in relation to that person or matter as at that date. (5) A document purporting to have been signed or certified by the CEO, an investigator or an approved analyst is to be taken to have been signed or certified by someone who was, at the time, such a person. (6) A document purporting to have been signed by a delegate of the CEO is to be taken to have been signed by a person who at the time was such a delegate and was authorised to sign it. (7) If it is necessary to prove that a document was given to a person (the recipient), a copy of the document certified by a person authorised to give it to be a true copy of the document as given to the recipient on a specified date is proof that the document was given to the recipient on that date. (8) A copy of a document or record obtained by an investigator exercising a power under Part 7 Division 3 is admissible in evidence if it is certified by the investigator as having been obtained in the exercise of that power. ##### 129. Evidence of analysis of substance prescribed manner means the manner, if any, prescribed by the regulations; report means a report by an approved analyst of the results of an analysis of a sample of a substance. (2) A report in respect of a sample of a substance is proof of the matters stated in it if the sample was — (a) taken in the prescribed manner; and (b) analysed in the prescribed manner. (3) A statement in a report certifying that a sample was taken and analysed in the prescribed manner, is proof that the sample was taken and analysed in that manner. (4) If it is proved that a sample of a substance was taken in the prescribed manner, it is to be taken to be proved that the sample is representative of all of the substance from which the sample was taken. ##### 130. Presumptions arising from labels label, in relation to a container, means any label, marking or other information on the container. (2) If a label on a container states or indicates that the container contains a poison, it is to be taken to be proved that the container contains a poison of the description and in the quantity, if any, stated on the label. (3) If there is a label on a container that contains a poison, it is to be taken to be proved — (a) if a person is named or identified on the label as a manufacturer or supplier of the poison — that the person manufactured or supplied the poison; and (b) if the label identifies the poison as part of a batch, lot or consignment — that the poison is part of that batch, lot or consignment; and (c) that all other information on the label about the poison is true. (4) If it is proved that poison is part of a batch, lot or consignment, it is to be taken to be proved that the poison is representative of all of the poison in that batch, lot or consignment. ## Part 8 — Regulations ##### 131. General power to make regulations (1) The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed for giving effect to the purposes of this Act. (2) The regulations may — (a) provide that a contravention of a regulation is an offence; and (b) prescribe for such an offence a penalty not exceeding a fine of $15 000. ##### 132. Regulations may adopt codes adopted code means a code that is adopted by regulations made under this section; code means a code, standard, rule, specification or other document; code documents, in relation to an adopted code means — (a) the adopted code; and (b) if the code is adopted as amended from time to time, either — (i) the amendments to the code; or (ii) the code as amended. (2) The regulations may adopt a code — (a) either wholly or in part; and (b) with or without modifications. (3) If the regulations adopt a code, it is adopted as in force from time to time unless the regulations provide otherwise. (4) If the regulations adopt a code, the CEO must ensure that the code documents relating to the adopted code — (a) are available for inspection by members of the public during normal office hours; and (b) can be acquired by members of the public. ## Part 9 — Miscellaneous ##### 133. Protection from liability for wrongdoing (1) No action or claim for damages lies against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act. (2) Despite subsection (1), the State is not relieved of any liability that it might otherwise have had for another person having done anything described in that subsection. (3) The protection given by this section applies even though the thing done as described in subsection (1) may have been capable of being done whether or not this Act had been enacted. (4) In this section, a reference to the doing of anything includes a reference to an omission to do anything. ##### 134. Information officially obtained to be confidential repealed Act means the *Poisons Act 1964*. (2) A person who misuses information obtained by the person in the exercise of any function that the person has, or at any time had, in the administration of this Act or the repealed Act commits an offence. (3) A person misuses information if the person, directly or indirectly, records, uses or discloses the information, other than — (a) for the purpose of, or in connection with, performing a function under this Act; or (b) as required or allowed by this Act or under another written law; or (c) with the express consent of each person to whom the information relates. (4) This section does not apply to the disclosure of information in a form that could not reasonably be expected to result in the identification of any person to whom the information relates. ##### 135. Review of Act (1) The Minister is to carry out a review of the operation and effectiveness of this Act as soon as is practicable after — (a) the fifth anniversary of its commencement; and (b) the expiry of each 5 yearly interval after that anniversary. (2) The Minister is to prepare a report based on the review and, as soon as is practicable after the report is prepared, cause it to be laid before each House of Parliament. ## Part 10 — Repeals and transitional provisions ### Division 1 — General ##### 136. *Interpretation Act 1984* not affected Except where the contrary intention appears, this Part does not prejudice or affect the application of the *Interpretation Act 1984* to or in relation to the repeals effected by sections 137 and 138. ### Division 2 — Repeals ##### 137. *Poisons Act 1964* repealed The *Poisons Act 1964* is repealed. ##### 138. *White Phosphorus Matches Prohibition Act 1912* repealed The *White Phosphorus Matches Prohibition Act 1912* is repealed. ##### 139. Regulations repealed These regulations are repealed: (a) *Drugs of Addiction Notification Regulations 1980*; (b) *Health (Drugs and Allied Substances) Regulations 1961*. ### Division 3 — Saving and transitional matters #### Subdivision 1 — *Poisons Act 1964* ##### 140. Terms used commencement day means the day on which section 137 comes into operation; repealed Act means the *Poisons Act 1964*. ##### 141. Continuation of licences and permits (1) A licence of a type prescribed by the regulations that was granted and in force under the repealed Act immediately before commencement day is to be taken on and from commencement day to be a licence of a type prescribed by the regulations granted under this Act, for the same term and subject to the same conditions as applied to the licence under the repealed Act. (2) A permit of a type prescribed by the regulations that was granted and in force under the repealed Act immediately before commencement day is to be taken on and from commencement day to be a permit of a type prescribed by the regulations granted under this Act, for the same term and subject to the same conditions as applied to the permit under the repealed Act. ##### 142. Existing applications for licences or permits (1) An application for a licence of a type prescribed by the regulations that was made under the repealed Act before commencement day and that was not finally determined before commencement day is to be taken to be an application for a licence of a type prescribed by the regulations made under this Act on commencement day. (2) An application for a permit of a type prescribed by the regulations that was made under the repealed Act before commencement day and that was not finally determined before commencement day is to be taken to be an application for a permit of a type prescribed by the regulations made under this Act on commencement day. ##### 143. Continuation of notices given to health professionals notice under the repealed Act means a notice given by the CEO pursuant to regulations made under section 64(2)(ha) of the repealed Act. (2) If, immediately before commencement day, the authority conferred on a person by section 23 of the repealed Act was subject to a notice under the repealed Act, then on and from commencement day — (a) for the purposes of this Act — (i) the notice is to be taken to have been notice given in accordance with section 29; and (ii) any condition or restriction imposed on the authority conferred on a person by section 23 of the repealed Act by the notice is to be taken to be a condition imposed by the CEO on the person’s professional authority under this Act; and (iii) if the notice totally revoked the authority conferred on a person by section 23 of the repealed Act, the CEO is be taken to have cancelled the person’s professional authority under this Act; and (b) the notice that is taken to have been given under this Act has effect for the same term as the notice under the repealed Act. ##### 144. Continuation of notices in relation to Schedule 6 poisons If the CEO gave a person a notice under regulations made under section 64(2)(hb) of the repealed Act in relation to a Schedule 6 poison and that notice was in effect immediately before commencement day the CEO is to be taken to have given the person a compliance notice under this Act on the same terms as the notice given under the repealed Act. ##### 145. Continuation of notices in relation to Schedule 7 poisons A notice given by the CEO under section 24(5) of the repealed Act in relation to a Schedule 7 poison that was in effect immediately before commencement day continues to have effect as if it was a Schedule 7 notice on the same terms as the notice given under the repealed Act. ##### 146. Transitional regulations (1) If there is no sufficient provision in this Part for dealing with a transitional matter, regulations under this Act may prescribe all matters that are required or necessary or convenient to be prescribed in relation to that matter. (2) In subsection (1) — transitional matter means a matter that needs to be dealt with for the transition required because of this Act. (3) Regulations made under subsection (1) may provide that specific provisions of any written law — (a) do not apply in relation to any matter; or (b) apply with specific modifications in relation to any matter. (4) If regulations made under subsection (1) provide that a specified state of affairs is to be taken to have existed, or not to have existed, on and from a day that is earlier than the day on which the regulations are published in the *Gazette* but not earlier than commencement day, the regulations have effect according to their terms. (5) In subsection (4) — specified means specified or described in the regulations. (6) If regulations contain a provision referred to in subsection (4), the provision does not operate so as — (a) to affect in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the regulations were published in the *Gazette*; or (b) to impose liabilities on any person (other than the State or an authority of the State) in relation to anything done or omitted to be done before the regulations were published in the *Gazette*. #### Subdivision 2 — *Drugs of Addiction Notification Regulations 1980* ##### 147. Transfer of information from former register to drugs of addiction record commencement day means the day on which section 139 comes into operation; former register means the register kept under the *Drugs of Addiction Notification Regulations 1980* regulation 5. (2) The CEO must, within 12 months after the commencement day, destroy the former register and any information in it that has not been transferred under subsection (3). (3) The CEO may transfer information from the former register to the drugs of addiction record if the CEO is satisfied that the information is — (a) of a kind that could, had it been received by the CEO after the commencement day, be recorded in the drugs of addiction record; and (b) is accurate and up‑to‑date. (4) For the purposes of any provision in Part 6 or regulations made for the purposes of that Part that requires information to be removed from the drugs of addiction record after a specified period has elapsed, information recorded under subsection (3) is taken to have been recorded in the drugs of addiction record at the time it was recorded in the former register. ## Part 11 — Consequential amendments ### Division 1 — *Health (Miscellaneous Provisions) Act 1911* amended [Heading inserted: No. 19 of 2016 s. 172.] ##### 148. Act amended This Division amends the *Health (Miscellaneous Provisions) Act 1911*. [Section 148 amended: No. 19 of 2016 s. 173.] ##### 149. Section 3 amended ***drug*** ***false trade description*** ***the Drug Advisory Committee*** ***therapeutic substance*** ***trade description*** (2) In section 3(1) in the definition of meat delete “except in Division 3A of Part VIIA,”. ##### 150. Section 5 amended In section 5(6): (a) delete “food or drug,” and insert: food, (b) delete “or drug” (each occurrence). ##### 151. Part VIIA heading replaced Delete the heading to Part VIIA and insert: Part VIIA — Pesticides ##### 152. Part VIIA Division 1 heading replaced Delete the heading to Part VIIA Division 1 and insert: ### Division 1 — Registration of analysts ##### 153. Section 202 deleted Delete section 202. ##### 154. Part VIIA Divisions 5, 6 and 7 deleted Delete Part VIIA Divisions 5, 6 and 7. ##### 155. Section 246A amended In section 246A(3) delete “*Poisons Act 1964*.” and insert: *Medicines and Poisons Act 2014*. Note: The heading to amended section 246A is to read: Crown bound, but Health Practitioner Regulation National Law (Western Australia) and Medicines and Poisons Act 2014 not affected by Division 8 ##### 156. Part VIIA Division 9 deleted Delete Part VIIA Division 9. [**157.** Deleted: No. 19 of 2016 s. 174.] ##### 158. Section 377 amended Delete section 377(10). ##### 159. Schedule 5 amended In Schedule 5: (a) in Part I delete “225(1), 238(3) and (5),”; (b) in Part II delete “224(2), 227(13),”; (c) in Part IV delete “223(1), 225(2), 227(2), 231(2), 234(1), 240(1),”; (d) in Part VI delete “221(1), 222, 236(1), 241(1),”; (e) in Part VII delete “131(2), 228(2), 237(2), 238(1)” and insert: 131(2) ### Division 2 — *Health Professionals (Special Events Exemption) Act 2000* amended ##### 160. Act amended This Division amends the *Health Professionals (Special Events Exemption) Act 2000*. ##### 161. Section 3 amended ***drug of addiction*** ***restricted substance*** ***substance*** (2) In section 3(1) insert in alphabetical order: medicine has the meaning given in the *Medicines and Poisons Act 2014* section 3; ##### 162. Section 8 amended In section 8(2): (a) delete “possess, use or supply a substance” and insert: administer, possess, prescribe or supply a medicine (b) delete “substance that may be lawfully possessed, used” and insert: medicine that may lawfully be administered, possessed, prescribed ##### 163. Section 9 replaced Delete section 9 and insert: 9. Supply of medicines (1) The Minister may, by an order under section 6, authorise a person, or a class of persons, to supply a medicine — (a) in accordance with a prescription issued by a visiting health professional; or (b) to a visiting health professional as if the visiting health professional were a registered health professional of the like profession. (2) The Minister is not to make an order containing an authorisation referred to in subsection (1) unless — (a) the person or the class of persons authorised to supply the medicine is authorised under the *Medicines and Poisons Act 2014* to supply the medicine to, or in accordance with a prescription issued by, a registered health professional of the like profession; and (b) the Minister is satisfied that adequate arrangements are in place to ensure that the medicines concerned will only be used in connection with the provision of health services that are authorised under this Act. (3) An order under section 6 may impose conditions on any authorisation referred to in this section that is conferred by the order. ##### 164. Section 11 amended (1) In section 11(1): (a) delete “*Poisons Act 1964*,” and insert: (b) delete paragraphs (b) and (c) and insert: (b) administering, possessing, prescribing or supplying a medicine in the course of providing those authorised health care services where the medicine is — (i) lawfully imported or lawfully obtained in Australia by the visiting health professional; and (ii) a medicine that may lawfully be administered, possessed, prescribed or supplied by a registered health professional of the like profession; or (c) after each of paragraphs (a) and (d) insert: or (2) In section 11(2): (a) delete “*Poisons Act 1964*” and insert: (b) delete “substance” and insert: medicine (3) Delete section 11(3) and insert: (3) A person does not commit an offence under the *Medicines and Poisons Act 2014* or the *Misuse of Drugs Act 1981* for supplying a medicine in accordance with a prescription issued by a visiting health professional if — (a) the visiting health professional is authorised under this Act to issue the prescription; and (b) the person is authorised under this Act to supply the medicine in accordance with such a prescription; and (c) the supply would be lawful under the *Medicines and Poisons Act 2014* if the prescription had been issued by a registered health professional of the like profession. (4A) A person does not commit an offence under the *Medicines and Poisons Act 2014* or the *Misuse of Drugs Act 1981* for supplying a medicine to a visiting health professional if — (a) the person is authorised under this Act to supply the medicine; and (b) the supply would be lawful under the *Medicines and Poisons Act 2014* if the visiting health professional were a registered health professional of the like profession. (4) In section 11(4) delete “(2) or (3)” and insert: (2), (3) or (4A) ### Division 3 — *Misuse of Drugs Act 1981* amended ##### 165. Act amended This Division amends the *Misuse of Drugs Act 1981*. ##### 166. Section 3 amended ***authorised prescription*** ***dentist*** ***drug of addiction*** ***nurse practitioner*** ***Poisons Act 1964*** ***regulations*** ***specified drug*** ***veterinary surgeon*** (2) In section 3(1) insert in alphabetical order: authorised prescription means a prescription issued by a prescriber as those terms are defined in the *Medicines and Poisons Act 2014* section 7(1); drug of addiction means — (a) a Schedule 8 poison as defined in the *Medicines and Poisons Act 2014* section 3; or (b) a Schedule 9 poison as defined in the *Medicines and Poisons Act 2014* section 3; specified drug means a substance that is prescribed to be a specified drug by regulations made under section 3B; (3) In section 3(1) in the definition of ***undercover operation*** delete “section 5;” and insert: section 5. ##### 167. Section 3B inserted After section 3A insert: 3B. Specified drugs (1) The Governor may, on the recommendation of the Minister and the Minister responsible for administering the *Medicines and Poisons Act 2014*, make regulations prescribing a substance to be a specified drug for the purposes of this Act. (2) A recommendation that a substance be prescribed to be a specified drug may only be made if the relevant Minister is satisfied that there is high propensity for the substance to be misused, abused, used illicitly or diverted for the manufacture of a substance with a high propensity for misuse, abuse or illicit use. ##### 168. Section 4 amended Delete section 4(2)(a) and (b) and insert: (a) plants from which a drug of addiction may be obtained, derived or manufactured; and (b) whether or not they are also plants referred to in paragraph (a), the plants specified in Schedule II. ##### 169. Section 5B inserted At the end of Part I insert: 5B. Authorisation under *Medicines and Poisons Act 2014* appropriate licence has the meaning given in the *Medicines and Poisons Act 2014* section 12; appropriate permit has the meaning given in the *Medicines and Poisons Act 2014* section 12; professional authority has the meaning given in the *Medicines and Poisons Act 2014* section 3. (2) For the purposes of this Act the manufacture or preparation of a prohibited drug is authorised under the *Medicines and Poisons Act 2014* if the prohibited drug is manufactured — (a) under an appropriate licence or a professional authority; and (b) in accordance with regulations made under that Act. (3) For the purposes of this Act, the sale or supply of a prohibited drug is authorised under the *Medicines and Poisons Act 2014* if the prohibited drug is supplied — (a) under an appropriate licence, an appropriate permit or a professional authority; and (b) in accordance with regulations made under that Act. (4) For the purposes of this Act, a person is authorised under the *Medicines and Poisons Act 2014* to manufacture, prepare, sell or supply a prohibited drug if — (a) the person — (i) holds an appropriate licence or an appropriate permit that authorises the manufacture or supply of the drug; or (ii) is authorised by a professional authority to manufacture or supply the drug; or (iii) is an employee or agent of a person referred to in subparagraph (i) or (ii); and (b) the manufacture, preparation, sale or supply is in accordance with the licence, permit or authority. (5) For the purposes of this Act, a person is authorised under the *Medicines and Poisons Act 2014* to possess a prohibited drug if — (a) the drug is a Schedule 4 or 8 poison as defined in the *Medicines and Poisons Act 2014* section 3 and possession of the drug by the person would not be an offence under the *Medicines and Poisons Act 2014* section 14(4); or (b) the drug is a Schedule 9 poison as defined in the *Medicines and Poisons Act 2014* section 3 and possession of the drug by the person would not be an offence under *Medicines and Poisons Act 2014* section 17. (6) For the purposes of this Act a person is authorised under the *Medicines and Poisons Act 2014* to use a prohibited drug if the drug is prescribed for the person by the holder of a professional authority who is authorised under the *Medicines and Poisons Act 2014* to prescribe the drug to the person and the use is in accordance with the instructions of the prescriber. (7) For the purposes of this Act, an investigator as defined in the *Medicines and Poisons Act 2014* section 3 is authorised to supply, obtain or possess a prohibited drug if the drug is supplied, obtained or possessed in the course of conducting an investigation under that Act. ##### 170. Section 5 amended (1) In section 5(1) delete “except when he is authorised by or under this Act or by or under the *Poisons Act 1964* to do so,”. (2) After section 5(2) insert: (3) A person does not commit a simple offence under subsection (1)(a), (b) or (c) by reason only that premises are being used for the purpose of the manufacture, preparation, sale, supply or use of a prohibited drug or prohibited plant if the person proves — (a) that the manufacture, preparation, sale or supply of the drug or plant was authorised under this Act or the *Medicines and Poisons Act 2014*; or (b) that the use of the drug or plant was by a person authorised under this Act or the *Medicines and Poisons Act 2014* to use the drug or plant. ##### 171. Sections 6 and 7 replaced Delete sections 6 and 7 and insert: 6. Offences concerned with prohibited drugs generally (1) A person commits a crime if the person — (a) with intent to sell or supply it to another, has in his or her possession a prohibited drug; or (b) manufactures or prepares a prohibited drug; or (c) sells or supplies, or offers to sell or supply, a prohibited drug to another person. (2) A person who has in his or her possession or uses a prohibited drug commits a simple offence. (3) A person does not commit a crime under subsection (1) or a simple offence under subsection (2) by reason only of the person having in his or her possession a prohibited drug if the person proves that — (a) he or she was authorised by or under this Act or the *Medicines and Poisons Act 2014* to have possession of the drug; or (b) he or she had possession of the drug only for the purpose of delivering it to a person authorised to possess the drug under this Act or the *Medicines and Poisons Act 2014* and he or she took all reasonable steps to deliver the drug to the person; or (c) he or she had possession of the drug for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. (4) A person does not commit a crime under subsection (1) by reason only that the person manufactures, prepares, sells or supplies a prohibited drug if the person proves that he or she was authorised to manufacture, prepare, sell or supply the drug under this Act or the *Medicines and Poisons Act 2014*. (5) A person does not commit a simple offence under subsection (2) by reason only of using a prohibited drug if the person proves that he or she was a person authorised under this Act or the *Medicines and Poisons Act 2014*. 7. Offences concerned with prohibited plants generally (1) A person commits a crime if the person — (a) with intent to sell or supply a prohibited plant, or any prohibited drug obtainable from a prohibited plant, to another person, has in his or her possession or cultivates the prohibited plant; or (b) sells or supplies, or offers to sell or supply, a prohibited plant to another person. (2) A person who has in his or her possession or cultivates a prohibited plant commits a simple offence. (3) A person does not commit a crime under subsection (1) or a simple offence under subsection (2) by reason only of the person having in his or her possession a prohibited plant if the person proves that — (a) he or she was authorised by or under this Act or the *Medicines and Poisons Act 2014* to have possession of a prohibited drug obtainable from the plant; or (b) he or she had possession of the plant only for the purpose of delivering it to a person authorised to have possession of a drug obtainable from the plant under this Act or the *Medicines and Poisons Act 2014* and he or she took all reasonable steps to deliver the drug to the person; or (c) he or she had possession of the plant for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. ##### 172. Section 7B amended In section 7B(7) delete “*Poisons Act 1964*” (each occurrence) and insert: ##### 173. Section 8 deleted Delete section 8. ##### 174. Section 14 amended (1) In section 14(3) delete “*Poisons Act 1964*” and insert: (2) Delete section 14(4) and insert: (4) A person does not commit an offence under subsection (1) or (2) by reason only of the person having in the person’s possession a category 1 item, a category 2 item or a particular substance if the person proves that — (a) he or she was authorised by or under this Act or the *Medicines and Poisons Act 2014* to have possession of the item or substance; or (b) he or she had possession of the item or substance only for the purpose of delivering it to a person authorised to have possession of the item or substance under this Act or the *Medicines and Poisons Act 2014* and he or she took all reasonable steps to deliver the item or substance to the person; or (c) he or she had possession of the item or substance for the purpose of analysing, examining or otherwise dealing with it for the purposes of this Act in his or her capacity as an analyst, botanist or other expert. ##### 175. Section 27 amended In section 27(1): (a) delete paragraph (a)(ii) and insert: (ii) if a person who is authorised by or under this Act or under the *Medicines and Poisons Act 2014* to have possession thereof is entitled to have possession of that relevant thing, release that relevant thing to that person; (b) in paragraph (b) delete the passage that begins with “Act,” and ends with “prescription” and insert: Act or by or under the *Medicines and Poisons Act 2014* ##### 176. Section 38D amended Delete section 38D(2) and insert: (2) In any proceedings under this Act, production of a copy of any code adopted under the *Medicines and Poisons Act 2014* section 132 purporting to be certified by the CEO (Health) to be a true copy of the code as at any date or during any period is, without proof of the signature of the CEO (Health), sufficient evidence of the contents of the code as at that date or during that period. ##### 177. Section 41 amended In section 41(2): (a) delete “*Poisons Act 1964*,” and insert: (b) delete “*Poisons Act 1964*” and insert: ##### 178. Schedule I heading amended In the heading to Schedule I delete “***Poisons Act 1964***” and insert: ##### 179. Schedule II heading replaced Delete the heading to Schedule II and insert: Schedule II — Plants to which this Act applies ##### 180. Schedule III amended (1) In Schedule III delete item 2 and insert: | 2. | ACETYLDIHYDROCODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 6.0 | (2) In Schedule III delete item 30 and insert: | 30. | CODEINE (except when a Schedule 2, 3 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 30.0 | (3) In Schedule III delete item 40 and insert: | 40. | DIHYDROCODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 30.0 | (4) In Schedule III delete item 90 and insert: | 90. | MORPHINE DERIVATIVES (not specifically included elsewhere in this Schedule or not a Schedule 2, 3, 4, 5, 6, 7, 8 or 9 poison as defined in the *Medicines and Poisons Act 2014*) | 6.0 | (5) In Schedule III delete items 96 and 97 and insert: | 96. | NICOCODINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 6.0 | | 97. | NICODICODINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 6.0 | (6) In Schedule III delete item 100 and insert: | 100. | NORCODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 6.0 | (7) In Schedule III delete item 123 and insert: | 123. | PHOLCODINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 15.0 | ##### 181. Schedule V amended (1) In Schedule V delete item 2 and insert: | 2. | ACETYLDIHYDROCODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 2.0 | (2) In Schedule V delete item 30 and insert: | 30. | CODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 10.0 | (3) In Schedule V delete item 41 and insert: | 41. | DIHYDROCODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 10.0 | (4) In Schedule V delete item 92 and insert: | 92. | MORPHINE DERIVATIVES (not specifically included elsewhere in this Schedule or not a Schedule 2, 3, 4, 5, 6, 7, 8 or 9 poison as defined in the *Medicines and Poisons Act 2014*) | 2.0 | (5) In Schedule V delete items 98 and 99 and insert: | 98. | NICOCODINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 2.0 | | 99. | NICODICODINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 2.0 | (6) In Schedule V delete item 102 and insert: | 102. | NORCODEINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 2.0 | (7) In Schedule V delete item 125 and insert: | 125. | PHOLCODINE (except when a Schedule 2 or 4 poison as defined in the *Medicines and Poisons Act 2014*) | 5.0 | ### Division 4 — Other Acts amended ##### 182. *Biosecurity and Agriculture Management Act 2007* amended (1) This section amends the *Biosecurity and Agriculture Management Act 2007*. (2) In section 4(2) delete paragraph (g) and insert: (g) the *Medicines and Poisons Act 2014*; (3) In section 40(3) delete “*Poisons Act 1964*.” and insert: *Medicines and Poisons Act 2014*. ##### 183. *Constitution Acts Amendment Act 1899* amended (1) This section amends the *Constitution Acts Amendment Act 1899*. (2) In Schedule V Part 3 delete the item relating to The Poisons Advisory Committee. ##### 184. *Emergency Management Act 2005* amended (1) This section amends the *Emergency Management Act 2005*. (2) At the end of Part 6 Division 2 insert: 76A. Manufacture, supply and prescription of poisons (1) In this section each of the following terms has the meaning given in the *Medicines and Poisons Act 2014* section 3 — ***CEO*** ***manufacture*** ***poison*** ***prescribe*** ***supply*** (2) For the purposes of emergency management — (a) the CEO may authorise a person to administer, manufacture, supply or prescribe a poison; and (b) during a state of emergency a person authorised under paragraph (a) may administer, manufacture, supply or prescribe a poison. (3) An authorisation under subsection (2)(a) is to specify — (a) whether it applies to any state of emergency or is limited to a particular state of emergency; and (b) the person, or class of persons, to whom it applies; and (c) the poison, or a class of poisons, to which it applies; and (d) the terms and conditions to which it is subject. (4) An authorisation under subsection (2)(a) may be given orally or in writing but if given orally is to be put in writing as soon as is practicable. (5) A failure to put an authorisation in writing does not invalidate the authorisation or anything done under the authorisation. (6) When exercising a power under subsection (2)(b) a person is to comply with — (a) the terms and conditions of the authorisation; and (b) any directions of the CEO or State Emergency Coordinator. (7) This section applies despite any provision of the *Medicines and Poisons Act 2014* or the *Misuse of Drugs Act 1981*. ##### 185. *Fair Trading Act 2010* amended (1) This section amends the *Fair Trading Act 2010*. (2) In Schedule 1: (a) delete “*Poisons Act 1964*”; (b) insert in alphabetical order: ##### 186. *Pharmacy Act 2010* amended (1) This section amends the *Pharmacy Act 2010*. (2) In section 3(1) delete the definition of ***the practice of pharmacy*** and insert: the practice of pharmacy includes to — (a) compound, dispense or otherwise supply medicines or drugs; and (b) advise or counsel on the effective and safe use of medicines or drugs. (3) In section 3(1) in the definition of ***dispense*** delete “*Poisons Act 1964* section 5(1),” and insert: *Medicines and Poisons Act 2014* section 3, (4) In section 3(1) in the definition of ***pharmacy business*** paragraph (d) delete “*Poisons Act 1964*” and insert: (5) After section 50 insert: 51A. Requirement to notify recording of information on register CEO has the meaning given in the *Medicines and Poisons Act 2014* section 3. (2) The Board is required to notify the CEO of information recorded in the register as soon as is practicable after the information is recorded. ##### 187. *Police (Medical and Other Expenses for Former Officers) Act 2008* amended (1) This section amends the *Police (Medical and Other Expenses for Former Officers) Act 2008*. (2) In section 4(3)(a) delete “*Poisons Act 1964* section 5(1),” and insert: *Medicines and Poisons Act 2014* section 77(1), ##### 188. *Road Traffic Act 1974* amended (1) This section amends the *Road Traffic Act 1974.* (2) In section 65 in the definition of ***drug*** delete paragraph (b) and insert: (b) a Schedule 4 poison as defined in the *Medicines and Poisons Act 2014* section 3; or ##### 189. *Tobacco Products Control Act 2006* amended (1) This section amends the *Tobacco Products Control Act 2006*. (2) In the Glossary in the definition of ***tobacco product*** delete paragraph (d) and insert: (d) nicotine, or a product that contains nicotine, in a form that is a poison within the meaning of the *Medicines and Poisons Act 2014* section 3; or ##### 190. *Veterinary Chemical Control and Animal Feeding Stuffs Act 1976* amended (1) This section amends the *Veterinary Chemical Control and Animal Feeding Stuffs Act 1976*. (2) In section 9 delete “*Poisons Act 1964*,” (each occurrence) and insert: ##### 191. *Workers’ Compensation and Injury Management Act 1981* amended (1) This section amends the *Workers’ Compensation and Injury Management Act 1981*. (2) In section 5(1) delete the definition of ***drug of addiction*** and insert: drug of addiction has the meaning given in the *Misuse of Drugs Act 1981* section 3(1); ![]() Notes This is a compilation of the *Medicines and Poisons Act 2014* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table. For provisions that have not yet come into operation see the uncommenced provisions table. Compilation table | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Medicines and Poisons Act 2014* (other than s. 14(2)) | 13 of 2014 | 2 Jul 2014 | s. 1 and 2: 2 Jul 2014 (see s. 2(a)); Act other than s. 1, 2 and 14(2): 30 Jan 2017 (see s. 2(b) and *Gazette* 17 Jan 2017 p. 403) | | *Public Health (Consequential Provisions) Act 2016* Pt. 3 Div. 20 | 19 of 2016 | 25 Jul 2016 | 24 Jan 2017 (see s. 2(1)(c) and *Gazette* 10 Jan 2017 p. 165) | | *Local Government Legislation Amendment Act 2016* Pt. 3 Div. 23 | 26 of 2016 | 21 Sep 2016 | 21 Jan 2017 (see s. 2(b) and *Gazette* 20 Jan 2017 p. 648) | | *Voluntary Assisted Dying Act 2019* Pt. 12 Div. 5 | 27 of 2019 | 19 Dec 2019 | 1 Jul 2021 (see s. 2(b) and SL 2021/83 cl. 2) | | *Veterinary Practice Act 2021* s. 232 | 19 of 2021 | 27 Oct 2021 | 18 Jun 2022 (see s. 2(b) and SL 2022/81 cl. 2) | | *Directors’ Liability Reform Act 2023* Pt. 3 Div. 39 | 9 of 2023 | 4 Apr 2023 | 5 Apr 2023 (see s. 2(j)) | | *Therapeutic Goods Law Application Act 2024* Pt. 8 Div. 2 | 19 of 2024 | 14 May 2024 | 30 Aug 2024 (see s. 2(b) and SL 2024/177 cl. 2) | | *Statutes (Repeals and Minor Amendments) Act 2025* s. 27 | 14 of 2025 | 25 Sep 2025 | 26 Sep 2025 (see s. 2(b)) | Uncommenced provisions table To view the text of the uncommenced provisions see *Acts as passed* on the WA legislation website. | **Short title** | **Number and year** | **Assent** | **Commencement** | | --- | --- | --- | --- | | *Medicines and Poisons Act 2014* s. 14(2) | 13 of 2014 | 2 Jul 2014 | To be proclaimed (see s. 2(b)) | | *Public Health (Consequential Provisions) Act 2016* Pt. 5 Div. 14 | 19 of 2016 | 25 Jul 2016 | To be proclaimed (see s. 2(1)(c)) | | *Evidence Act 2025* s. 492(1) | 15 of 2025 | 25 Sep 2025 | To be proclaimed (see s. 2(e)) | Defined terms *[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]* **Defined term Provision(s)** act 127(1) adopted code 3, 132(1) agent 13(3), 120(1) and (3) Agvet Code of Western Australia 3 application to vary conditions 52(1) appropriate licence 12, 74 appropriate permit 12, 74 approved analyst 124 authorised health professional 3 CEO 3 change of management 53 client 77(1) code 132(1) code documents, 132(1) commencement day 140, 147(1) compliance notice 3 control day 5(6) corporate officer 3 Department 3 drug dependent person 77(1) drug of addiction 77(1) drugs of addiction record 3 employer 121(1) and (3) entry warrant 93 executor 59(1) expiry day 40(1) former register 147(1) fraudulent means 21(4) grounds for taking action 28(1) and (3), 60(1) and (3) health professional 3 in accordance with a prescription 7(3) investigator 3 label 130(1) licence 3 licensee 3 manufacture 3, 6(1) meat 149(2) medicine 3, 161(2) needle and syringe programme 3 notice 74 notice under the repealed Act 143(1) oversupplied person 77(1) patient 13(2) and (3), 14(4), 91(3) patient records 103(3) permission 59(1) permit 3 permit holder 3 person affected 63(1) pharmacist 3 pharmacy 3 pharmacy business 9(1) place 93 poison 3 prescribe 3, 7(1) prescribed manner 129(1) prescriber 3, 7(1) prescription 3, 7(1) principal 120(1) and (3) professional authority 3 recipient 128(7) register 3 registered health practitioner 3 relevant activity 41(1) relevant regulatory authority 31(1) repealed Act 134(1), 140 report 129(1) responsible person 24(1) restricted health professional 74 restricted place 102(3) reviewable decision 33(1), 63(1), 73(1), 92(1) Schedule 2 poison 3 Schedule 3 poison 3 Schedule 4 poison 3 Schedule 4 reportable poison 77(1) Schedule 5 poison 3 Schedule 6 poison 3 Schedule 7 notice 3 Schedule 7 poison 3 Schedule 8 poison 3 Schedule 9 poison 3 specified 124, 146(5) specified time 124 strictly controlled substance 3 substance 3 sufficient 41(1) supplier 7(3) supply 3, 8(1) therapeutic goods law 3 transitional matter 146(2) vehicle 93 vending machine 24(1) veterinarian 3 voluntary assisted dying substance 3 This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2025. By Authority: GEOFF O. LAWN, Government Printer