3A. Universities prescribed (Act s. 3(1) botanist) 1
Classes of person prescribed (Act s. 3(1) approved analyst) 1
4AA. Specified drugs (s. 3B) 3
4A. Persons authorised to possess prohibited drugs, plants etc. 3
4B. Drug paraphernalia: prescribed things and circumstances (Act s. 7B(5)) 4
5AA. Minor cannabis related offences, forms for 5
Category 1 items (Act Part IV) 5
5A. Category 2 items (Act Part IV) 5
5B. Classes of person prescribed (Act s. 13(1)(b)) 6
5C. Quantities prescribed (Act s. 14(1)) 6
5D. Declarations, prescribed forms for (Act s. 15 and 17) 7
5E. Evidence of identity (Act s. 15 and 17) 7
Information on oath and search warrants (Act s. 24(1)) 8
Destruction of prohibited drugs, plants etc., manner of (Act s. 27(1) or (4)) 8
7A. Directions by Commissioner of Police for destruction of seized prohibited drugs, plants etc., form for (Act s. 27(3)) 9
7B. Analysis or examination at request of accused (Act s. 27A) 9
10A. External serious drug offences (Act s. 32A(3)) 12
Certificates of approved analysts and approved botanists, forms for (Act s. 38) 13
11A. Applications by accused for copies of certificates, form for (Act s. 38A) 13
Fees (Act s. 41(1)(a)) 14
Fees (Act s. 8U(2)(c)) 14
Schedule 1 — Forms
Schedule 2 — Prescribed universities
Schedule 2A — Specified drugs
Division 1 — Preliminary
Terms used 39
Division 2 — General
Division 3 — Anabolic Steroids
Schedule 3 — Category 1 items
Division 1 — Substances
Division 2 — Things
Schedule 4 — Category 2 items
Division 1 — Substances
Division 2 — Things
Section 1 - Misuse of Drugs Regulations 1982 - Misuse of Drugs Regulations 1982 | Zoe
Notes
Compilation table 49
Other notes 51
Defined terms
Western Australia
Misuse of Drugs Act 1981
Misuse of Drugs Regulations 1982
1. Citation
These regulations may be cited as the Misuse of Drugs Regulations 1982.
2. Commencement
These regulations shall come into operation on the day on which the Misuse of Drugs Act 1981 (in these regulations called the Act) comes into operation.
3. Term used: Form
In these regulations —
Form means appropriate Form set out in Schedule 1.
[Regulation 3 amended: Gazette 2 Jul 1996 p. 3197.]
3A. Universities prescribed (Act s. 3(1) botanist)
For the purposes of paragraph (a)(ii) of the definition of botanist in section 3(1) of the Act, the universities specified in Schedule 2 are prescribed universities.
[Regulation 3A inserted: Gazette 2 Jul 1996 p. 3197.]
4. Classes of person prescribed (Act s. 3(1) approved analyst)
For the purposes of paragraph (b) of the definition of approved analyst in section 3(1) of the Act, a person who belongs to a class set out in the Table to this regulation is an approved analyst.
Table
Victoria
A person employed by the Government of Victoria as an analyst for the purposes of section 120 of the Drugs, Poisons and Controlled Substances Act 1981 of Victoria.
The chief botanist or his or her delegate under the Royal Botanic Gardens Act 1991 of Victoria.
Tasmania
A person appointed as an analyst under section 19 of the Poisons Act 1971 of Tasmania.
The Tasmanian Government Analyst.
South Australia
A person appointed as an analyst under section 9 of the Drugs Act 1908 1 of South Australia.
The person for the time being holding the office of South Australian Government analyst under appointment by the South Australian Governor, or the person so appointed to perform the duties of the South Australian Government analyst for the time being.
Queensland
A person who, under section 4C(1) of the Drugs Misuse Act 1986 of Queensland, is appointed as an analyst.
New South Wales
A person employed by the Government of New South Wales as an analyst.
A person employed by a New South Wales area health service (constituted under section 17 of the Health Services Act 1997 of New South Wales) as an analyst.
A person who is an analyst appointed under section 37A of the Poisons and Therapeutic Goods Act 1966 of New South Wales.
Northern Territory
A person appointed under section 3(8) of the Misuse of Drugs Act of the Northern Territory to be an analyst.
Australian Capital Territory
A person appointed as an analyst under section 183 of the Drugs of Dependence Act 1989 of the Australian Capital Territory.
[Regulation 4 inserted: Gazette 10 Dec 2004 p. 5967‑9.]
4AA. Specified drugs (s. 3B)
The following substances are prescribed to be specified substances for the purposes of the Act —
(a) the substances listed in Schedule 2A Divisions 2 and 3;
(b) the salts, esters and derivatives of a substance listed in Schedule 2A Divisions 2 and 3;
(c) any substance containing a substance referred to in paragraph (a) or (b).
[Regulation 4AA inserted: Gazette 17 Jan 2017 p. 412.]
4A. Persons authorised to possess prohibited drugs, plants etc.
(1) In this regulation —
departmental officer means a person employed or engaged in the department of the Public Service principally assisting in the administration of the Police Act 1892.
(2) A departmental officer, while performing a function of his or her position on police premises, is a person authorised —
(a) for the purposes of sections 5(1), 6(2), 7(2) and 14(3) of the Act to have possession of any of the following —
(i) a pipe or other utensil;
(ii) a prohibited drug;
(iii) a prohibited plant;
(iv) an item that is a category 1 item or a category 2 item;
(v) a substance that contains, or substances that together contain, a quantity of a category 1 or category 2 item that exceeds the quantity prescribed in relation to the item;
and
(b) for the purposes of the Act, to have possession of a dangerous substance.
[Regulation 4A inserted: Gazette 12 Nov 2010 p. 5660‑1.]
4B. Drug paraphernalia: prescribed things and circumstances (Act s. 7B(5))
(1) In this regulation —
approved means approved by the CEO;
CEO has the meaning given in the Health Legislation Administration Act 1984 section 3;
needle and syringe programme has the meaning given in the Medicines and Poisons Act 2014 section 3.
(2) For the purposes of section 7B(5)(b) of the Act, the following things are prescribed —
(a) shishas;
(b) hookahs.
(3) For the purposes of section 7B(5)(c) of the Act, the display or sale of drug paraphernalia in the course of the conduct of an approved needle and syringe programme is prescribed.
[Regulation 4B inserted: Gazette 28 Aug 2012 p. 4142; amended: Gazette 17 Jan 2017 p. 413.]
5AA. Minor cannabis related offences, forms for
(1) If a term is given a meaning in section 8B of the Act, it has the same meaning in this regulation.
(2) For the purposes of section 8F of the Act, a cannabis intervention requirement is to be in the form of Form M.D. 16.
(3) For the purposes of section 8I of the Act, a notice withdrawing a cannabis intervention requirement is to be in the form of Form M.D. 17.
(4) For the purposes of section 8M of the Act, a certificate of completion of a cannabis intervention session is to be in the form of Form M.D. 18.
[Regulation 5AA inserted: Gazette 29 Jul 2011 p. 3139.]
5. Category 1 items (Act Part IV)
(1) The substances specified in Schedule 3 Division 1 are designated as category 1 items.
(2) The things specified in Schedule 3 Division 2 are designated as category 1 items.
[Regulation 5 inserted: Gazette 10 Dec 2004 p. 5969.]
5A. Category 2 items (Act Part IV)
(1) The substances specified in Schedule 4 Division 1 are designated as category 2 items.
(2) The things specified in Schedule 4 Division 2 are designated as category 2 items.
[Regulation 5A inserted: Gazette 10 Dec 2004 p. 5969.]
5B. Classes of person prescribed (Act s. 13(1)(b))
(1A) In subregulation (1) —
chemist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession;
optometrist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the optometry profession;
veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3.
(1) For the purposes of section 13(1)(b) of the Act, the following classes of person are prescribed —
(aa) chemist;
(a) dentist;
(b) medical practitioner;
(c) nurse practitioner;
(d) optometrist;
(e) veterinarian.
[(2) deleted]
[Regulation 5B inserted: Gazette 10 Dec 2004 p. 5969‑70; amended: Gazette 1 Jul 2011 p. 2748; SL 2022/92 r. 4.]
5C. Quantities prescribed (Act s. 14(1))
For the purposes of section 14(1) of the Act —
(a) the quantity prescribed for a category 1 item is the quantity (if any) specified opposite that item in the third column of Schedule 3 Division 1; and
(b) the quantity prescribed for a category 2 item is the quantity (if any) specified opposite that item in the third column of Schedule 4 Division 1.
[Regulation 5C inserted: Gazette 10 Dec 2004 p. 5970.]
5D. Declarations, prescribed forms for (Act s. 15 and 17)
(1) For the purposes of sections 15(1)(c) and 17(1)(b)(i) of the Act, a declaration is to be in the form of Form M.D. 1.
(2) For the purposes of sections 15(3) and 17(2) of the Act, a supplier is to give a copy of a completed declaration to the Commissioner by sending it by facsimile transmission to a telecommunication number provided by the Commissioner.
(3) A copy of a declaration sent by facsimile under subregulation (2) must be completed in black ball point pen, to ensure the facsimile copy is legible.
[Regulation 5D inserted: Gazette 10 Dec 2004 p. 5970.]
5E. Evidence of identity (Act s. 15 and 17)
For the purposes of section 15(1)(d) or 17(1)(b)(ii) of the Act, evidence of the identity of a person taking possession of a category 1 item or a category 2 item may consist of any one of the following —
(a) a current driver’s licence that displays a photograph of the person;
(b) a certificate of the person’s Australian citizenship;
(c) a document establishing the discharge of the person from any of the Australian defence forces;
(d) a document establishing the person’s appointment as a justice of the peace;
(e) a certificate of the person’s identity issued by the department of the Commonwealth public service responsible for the administration of foreign affairs;
(f) a certificate of the person’s descent issued by the department of the Commonwealth public service responsible for the administration of immigration or issued by a consulate within Australia;
(g) a current photo card, as defined in the Western Australian Photo Card Regulations 2014 regulation 3, held by the person.
[Regulation 5E inserted: Gazette 10 Dec 2004 p. 5970‑1; amended: Gazette 5 Aug 2014 p. 2831.]
[6A. Deleted: Gazette 28 Aug 2012 p. 4142.]
6. Information on oath and search warrants (Act s. 24(1))
For the purposes of section 24(1) of the Act —
(a) information on oath shall be given —
(i) orally; or
(ii) in writing in the form of Form M.D. 7;
and
(b) a search warrant shall be granted in the form of Form M.D. 8.
7. Destruction of prohibited drugs, plants etc., manner of (Act s. 27(1) or (4))
(1A) In this regulation —
relevant thing means a prohibited drug, prohibited plant or dangerous substance or a thing contaminated with a dangerous substance.
(1) If under section 27(1) or (4) of the Act a police officer is required to cause a relevant thing to be destroyed, it shall be destroyed —
(a) by fire or water or by such other means as will ensure the complete destruction of that relevant thing; and
(b) in the presence of 2 witnesses from 2 of the following classes of persons (but not so that the 2 witnesses are persons from the classes referred to in subparagraphs (i) and (iii)) —
(i) a police officer who is a commissioned officer appointed under the Police Act 1892 section 6;
(ii) a justice of the peace or a registrar of the Magistrates Court, other than a registrar of the Magistrates Court who is a police officer;
(iii) a police officer appointed under the Police Act 1892 section 7 nominated in writing by a police officer referred to in subparagraph (i);
(iv) an approved analyst or an approved botanist.
(2) Each witness referred to in subregulation (1)(b) shall certify in writing that he has witnessed the complete destruction of the relevant thing concerned and shall sign that certificate.
[Regulation 7 amended: Gazette 9 Aug 1991 p. 4231; 2 Jul 1996 p. 3197; 29 Jan 1999 p. 273; 30 Mar 2010 p. 1266‑7; 6 May 2011 p. 1620.]
7A. Directions by Commissioner of Police for destruction of seized prohibited drugs, plants etc., form for (Act s. 27(3))
For the purposes of section 27(3) of the Act, a direction shall be in the form of Form M.D. 8A.
[Regulation 7A inserted: Gazette 2 Jul 1996 p. 3197.]
7B. Analysis or examination at request of accused (Act s. 27A)
(1) In this regulation —
chosen analyst means the analyst chosen by the relevant applicant under section 27A of the Act;
chosen botanist means the botanist chosen by the relevant applicant under section 27A of the Act;
drug movement bag means a special bag used by police officers for the conveyance, free of contamination, of dangerous substances, prohibited drugs or prohibited plants;
investigating officer means the police officer in charge of any investigation concerning a thing, sufficient samples of which are dealt with under this regulation;
prescribed person means the prescribed person referred to in subregulation (2)(a);
sufficient samples has the meaning given by section 27(6) of the Act.
(2) For the purposes of section 27A(2) of the Act —
(a) a person who is the police officer for the time being in charge of the Organised Crime Squad is a prescribed person; and
(b) the prescribed period is 28 days; and
(c) an application must be accompanied by a fee of $50.
(3) For the purposes of section 27A(3) of the Act, an application must be in the form of Form M.D. 8B.
(4) When an application is made under section 27A of the Act, the Commissioner or prescribed person receiving the application must, as soon as practicable, cause sufficient samples of the thing to which the application relates to be conveyed in a numbered and sealed drug movement bag, together with an unused drug movement bag —
(a) in the case of a prohibited drug or dangerous substance, to an approved analyst at the Chemistry Centre (W.A.); or
(b) in the case of a prohibited plant, to an approved botanist at the Western Australian Herbarium.
(5) The investigating officer in respect of the samples conveyed to the approved analyst or approved botanist under subregulation (4), or a police officer authorised by that investigating officer, must immediately on that conveyance arrange with —
(a) the chosen analyst and the approved analyst, for the chosen analyst to attend at the Chemistry Centre (W.A.) for the purpose of analysing those samples; or
(b) the chosen botanist and the approved botanist, for the chosen botanist to attend at the Western Australian Herbarium for the purpose of examining those samples.
(6) The approved analyst or approved botanist to whom the drug movement bag has been conveyed under subregulation (4) must, in the presence of the chosen analyst or chosen botanist —
(a) open the drug movement bag; and
(b) give the samples to the chosen analyst or chosen botanist, who must immediately proceed to analyse or examine them.
(7) When the chosen analyst or chosen botanist has completed his or her analysis or examination, he or she must return any residue of the samples to the approved analyst or approved botanist, who must —
(a) place that residue, together with the opened drug movement bag, in the unused drug movement bag; and
(b) seal that unused drug movement bag; and
(c) give the sealed drug movement bag to the investigating officer or to a police officer authorised by the investigating officer.
(8) The police officer to whom a sealed drug movement bag is given under subregulation (7) must —
(a) convey it to —
(i) a police officer; or
(ii) a departmental officer (as defined in regulation 4A) who is an authorised person under that regulation;
and
(b) obtain a receipt for it.
[Regulation 7B inserted: Gazette 12 Nov 2010 p. 5661‑3.]
[8. Deleted: Gazette 6 May 2011 p. 1620.]
[9. Deleted: Gazette 30 Mar 2010 p. 1267.]
[10. Deleted: Gazette 25 Jan 2013 p. 282.]
10A. External serious drug offences (Act s. 32A(3))
(1) In this regulation —
Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth.
(2) Subregulations (3) and (4) have effect for the purposes of paragraph (a) of the definition of external serious drug offence in section 32A(3) of the Act.
(3) An offence against a provision of the Commonwealth Criminal Code specified in the Table to this subregulation is prescribed to correspond to a crime under section 6(1) of the Act.
Table
s. 302.2(1)
s. 305.5(1)
s. 302.3(1)
s. 309.2(1)
s. 302.4(1)
s. 309.3(1)
s. 305.3(1)
s. 309.4(1)
s. 305.4(1)
(4) An offence against a provision of the Commonwealth Criminal Code specified in the Table to this subregulation is prescribed to correspond to a crime under section 7(1) of the Act.
Table
s. 303.4(1)
s. 304.1(1)
s. 303.5(1)
s. 304.2(1)
s. 303.6(1)
s. 304.3(1)
(5) Subregulation (6) has effect for the purposes of paragraph (b) of the definition of external serious drug offence in section 32A(3) of the Act.
(6) An offence against a provision of the Commonwealth Criminal Code specified in the Table to this subregulation is prescribed to correspond to an offence against the repealed section 233B of the Customs Act 1901 of the Commonwealth.
Table
s. 307.1(1)
s. 307.6(1)
s. 307.2(1)
s. 307.7(1)
s. 307.3(1)
s. 307.8(1)
s. 307.4(1)
s. 307.9(1)
s. 307.5(1)
s. 307.10(1)
[Regulation 10A inserted: Gazette 20 Apr 2007 p. 1741‑2.]
11. Certificates of approved analysts and approved botanists, forms for (Act s. 38)
For the purposes of section 38 of the Act, a certificate given by —
(a) an approved analyst shall be in the form of Form M.D. 13; or
(b) an approved botanist shall be in the form of Form M.D. 14.
[Regulation 11 inserted: Gazette 2 Jul 1996 p. 3199.]
11A. Applications by accused for copies of certificates, form for (Act s. 38A)
For the purposes of section 38A of the Act, an application for a copy of a certificate must be in the form of Form M.D. 15.
[Regulation 11A inserted: Gazette 12 Nov 2010 p. 5663.]
12. Fees (Act s. 41(1)(a))
For the purposes of section 41(1)(a) of the Act, there shall be paid —
(a) to a female person, not being a police officer or medical practitioner, who searches another female person under section 13 or 23, or under a search warrant granted under section 14 or 24, of the Act a fee of $1.50 per search; and
(b) to a medical practitioner who attends for the purpose of searching a person under section 13 or 23, or under a search warrant granted under section 14 or 24, of the Act a fee of —
(i) $35.50 per attendance on a public holiday, or between 5.00 p.m. on a Friday and 9.00 a.m. on the following Monday, or during the period between 5.00 p.m. on any day and 9.00 a.m. on the following day; and
(ii) $28.00 per attendance at any time other than a time referred to in subparagraph (i).
13. Fees (Act s. 8U(2)(c))
(1) The fee to accompany an application under section 8U(1) of the Act to have a sample of the thing identified in a notice analysed by an approved analyst is to be calculated in accordance with subregulation (2).
(2) Where the approved analyst requires —
(a) one test of a sample of a thing to provide a report of the analysis of the sample, the prescribed fee is $500 plus GST; or
(b) more than one test of a sample of a thing to provide a report of the analysis of the sample, the prescribed fee is $500 plus GST for the first test and $200 plus GST for each subsequent test.
[Regulation 13 inserted: Gazette 5 Jan 2016 p. 4.]
Schedule 1 — Forms
[r. 3, 5D]
[Heading amended: Gazette 2 Jul 1996 p. 3199.]
Form M.D. 1
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
DECLARATION
The chemical product and/or the scientific apparatus I wish to purchase is classified as a possible illicit drug precursor or auxiliary reagent.
I understand that, to be supplied with this product or apparatus, I must complete this declaration and provide it to the supplier, together with a written order for the product or apparatus.
Catalogue No.
Product name
Quantity
Pack size
Order No.
The intended use for the chemical product and/or the scientific apparatus is:
Details of Collection Agent’s Identification (valid photo ID required) (if different to purchaser)
Current Passport No. ..................... Country of Issue .......................................
Drivers Licence (with Photograph) No. .................... Expiry date .....................
Western Australian Photo Card No. ........................Expiry date ......................
Photo Identification Card Type .......................................................................
Further identifier(s) required by the regulations (if any) ............................................................................................
Note: Please attach a copy of all photo identification.
All applicable details on this declaration must be completed.
[Form M.D. 1 inserted: Gazette 10 Dec 2004 p. 5972‑3; amended: Gazette 5 Aug 2014 p. 2831-2.]
[Forms M.D. 2 to M.D. 6 deleted: Gazette 19 Dec 2000 p. 7292.]
Form M.D. 7
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
INFORMATION ON OATH FOR SEARCH WARRANT
I, [insert name of informant], of , being
[insert occupation], do swear by Almighty God*/solemnly, sincerely and truly declare* that I suspect that the following thing [insert particulars of thing] is a thing referred to in section 23(1)(a), (b) or (c) of the Misuse of Drugs Act 1981 and that it may be in or on the following vehicle* [insert particulars of vehicle] /in or on the following premises or other place* [insert particulars of premises or other place] on the following grounds —
[insert grounds for suspicion]
Sworn*/affirmed* before me [insert name of justice of the peace], being a justice of the peace, on [insert date of swearing or affirmation] at [insert place of swearing or affirmation].
I, [insert name of justice of the peace granting search warrant], of
, being a justice of the peace and being satisfied by information on oath furnished by [insert name of informant] that there are reasonable grounds to suspect that the following thing referred to in section 23(1)(a), (b) or (c) of the Misuse of Drugs Act 1981 [insert particulars of thing] may be in or on the following vehicle* [insert particulars of vehicle]/in or on the following premises or other place* [insert particulars of premises or other place], hereby grant to the following police officer [insert name and designation of police officer] this search warrant authorising a police officer at any time or times within 30 days from the date of this search warrant to enter that vehicle, or those premises or that other place, and, subject to section 24 of that Act, to search that vehicle or those premises or that other place and any person and any baggage, package or other thing of any kind whatsoever found therein or thereon, using such force as is reasonably necessary and with such assistance as the police officer acting under this search warrant considers necessary.
Granted on .............................................................................................................
at ............................................................................................................................
DESTRUCTION OF PROHIBITED DRUGS, PROHIBITED PLANTS, DANGEROUS SUBSTANCES OR OTHER RELEVANT THINGS
Laboratory reference No. ........................
Police reference No. ...........................
I, [insert name of Commissioner of Police or name and rank of delegate], being the Commissioner of Police*/a delegate of the Commissioner of Police* and being satisfied that —
(a) it is not reasonably practicable to detain [insert particulars of prohibited drug, prohibited plant, dangerous substance or other relevant thing] until it is dealt with under section 27(1) of the Act; and
(b) sufficient samples of or from that prohibited drug*/prohibited plant*/dangerous substance*/other relevant thing* have been taken,
direct that that prohibited drug*/prohibited plant*/dangerous substance*/other relevant thing* (apart from those samples) be destroyed in accordance with regulation 7 before it is dealt with under section 27(1) of the Act.
Directed on .............................................................................................................
at .............................................................................................................................
[Form M.D. 8A inserted: Gazette 2 Jul 1996 p. 3199-200; amended: Gazette 6 May 2011 p. 1621.]
Form M.D. 8B
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
APPLICATION TO HAVE SAMPLE OF PROHIBITED DRUG, PROHIBITED PLANT, DANGEROUS SUBSTANCE OR OTHER RELEVANT THING ANALYSED OR EXAMINED BY ANALYST OR BOTANIST CHOSEN BY ACCUSED
I [insert name and address of applicant], having been charged with [insert details of offence(s)] in relation to [insert details of prohibited drug, prohibited plant, dangerous substance or other relevant thing], hereby apply to have a sample of [insert details of alleged prohibited drug, prohibited plant, dangerous substance or other relevant thing] analysed or examined by [insert full name and address of analyst or botanist who is to carry out analysis or examination], who is an analyst*/botanist* other than an approved analyst*/approved botanist*.
Analysis*/examination* applied for on ............................. at ...............................
(a) being satisfied that no person will be tried with the commission of an offence in relation to the thing*; or
(b) having confirmed that a person was tried with the commission of an offence in relation to the thing and the person was not convicted of that offence*,
[Name and address of person from whom the thing was seized]
that the suspected psychoactive substance will be destroyed on or after the ...... day of ................ 20.......** unless, before that day, an application is made under section 8U(1) of the Act to have a sample of that suspected psychoactive substance analysed. An application is to be accompanied by the analysis fee of $.......................... .
This Notice is given on the ........... day of ................ 20.......
Signature/rank/rego ………………………………………….
Delete inapplicable alternative.
** Must be at least 3 weeks after this notice is given.
Personal Service
On the ................ day of .............. 20 ...... at ..........................................................
I personally served the person named in the notice with this destruction notice —
by delivering a duplicate to him/her personally.
by leaving a duplicate of it for him/her with .................................................
...................................................................................... at his/her last known place of abode/principal office or place of business.
Date .......................................................................
Postal Service
On the ................. day of ............................. 20 ............. I posted a copy of this destruction notice to the person named in the notice —
to his/her last known place of abode;
to his/her last known place of business/employment, by pre‑paid post/certified post/courier.
in case of a Corporation or Association, to the principal place of business/principal office in this state.
Postal/Courier reference number ............................................................
Courier company (if applicable) .............................................................
having been given a psychoactive substance destruction notice (Property Reference No. ............... , Police Reference No. ............)* in relation to —
apply to have a sample of that thing suspected to be a psychoactive substance analysed by an approved analyst.
This application is accompanied by the fee of $ ..........., as set out on the relevant destruction notice and calculated in accordance with the Misuse of Drugs Regulations 1982 regulation 13.
Analysis applied for on ............................. at ...............................**
..................................................
Signature of applicant
Reference numbers from the Notice.
** Must be before the destruction date in the Notice.
[Form M.D. 10 inserted: Gazette 5 Jan 2016 p. 6‑7.]
[Forms M.D. 11 and M.D. 12 deleted: Gazette 25 Jan 2013 p. 282.]
I, ............................................................................., being an approved analyst within the meaning of the Misuse of Drugs Act 1981, hereby certify that —
(a) I obtained*/received* for analysis the following quantity*/mass* of
..........................................................................................................
on ....................................................................................................;
(b) I analysed the thing referred to in paragraph (a) of this certificate by [insert details of method of analysis] with the following result ..........................................................................................................
...........................................................................................................; and
(c) the following other matters relating to my analysis should bez noted ................................................................................................;
Certified on ............................................... at ........................................................
I, ................................................................................, being an approved botanist within the meaning of the Misuse of Drugs Act 1981, hereby certify that —
(a) I obtained*/received* for examination the following quantity*/mass* of
on ................................................................................................;
(b) I examined the thing referred to in paragraph (a) of this certificate by [insert details of method of examination] with the following result ............................................................................
.....................................................................................................; and
(c) the following other matters relating to my examination should be noted ......................................................................................;
Certified on ............................................... at ........................................................
Signature of approved analyst Address of approved botanist
Please delete inapplicable alternative.
[Form M.D. 14 amended: Gazette 2 Jul 1996 p. 3201-2.]
Form M.D. 15
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
APPLICATION FOR COPY OF CERTIFICATE OF APPROVED ANALYST OR APPROVED BOTANIST
I [insert name of applicant accused] apply for a copy of [insert details of relevant certificate given under section 38 of Act] to be provided to me at [insert address at which copy of certificate can be provided to applicant accused].
Certificate applied for on ..................... at .....................
[Form M.D. 15 inserted: Gazette 2 Jul 1996 p. 3202; amended: Gazette 12 Nov 2010 p. 5663.]
Form M.D. 16
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
CANNABIS INTERVENTION REQUIREMENT (CIR)
CANNABIS INTERVENTION REQUIREMENT NUMBER:
DATE OF ISSUE DD/MM/YYYY:
ALLEGED OFFENDER
Surname
Given Name/s
Date of Birth DD/MM/YYYY
Gender MALE/FEMALE/OTHER
Telephone
MDL Number
Number & Street Address
Suburb / Town
Postcode
ALLEGED OFFENCE/S
It is alleged that, on the following date, at the following time and place:
Date DD/MM/YYYY
Time AM/PM
Place (location or address)
you committed the following minor cannabis related offence/s:
Misuse of Drugs Act 1981Description of offence
s. 7B(6) Possession of any drug paraphernalia in or on which there is cannabis
s. 6(2) Possession or use of not more than 10 g of cannabis, not including any cannabis plant under cultivation, cannabis resin or any other cannabis derivative
ISSUING OFFICER
Surname
Rank
Registered Number PD
Signature
Station Name
Date DD/MM/YYYY
TO ELECT TO BE PROSECUTED IN A COURT
If you choose to be prosecuted for the alleged offence/s in a court,
then complete the following details in writing and post this form to the Drug Diversion Coordinator at the address below within 28 days of this CIR being given to you.I elect to have the offence/s alleged in this Cannabis Intervention Requirement dealt with by a court.
Signature
Surname
Given Name/s
Date DD/MM/YYYY
Telephone
Number & Street Address (for service)
Suburb / Town
Postcode
Post toWA POLICE DRUG DIVERSION COORDINATORLICENSING ENFORCEMENT DIVISIONLOCKED BAG 9, EAST PERTH POST OFFICE****EAST PERTH WA 6892
TO ELECT TO COMPLETE A CANNABIS INTERVENTION SESSION
If you do not want to be prosecuted for the alleged offence/s in a court, you must complete a Cannabis Intervention Session (CIS) within 28 days after this Cannabis Intervention Requirement (CIR) is given to you.**If you do not complete the CIS within 28 days,
then the Police may prosecute you for the alleged offence/s in a court.**Please read the following important information about how to book, reschedule, or how seek an extension of time to complete the CIS.
WHAT IS A CANNABIS INTERVENTION SESSION?
The Cannabis Intervention Session (or a CIS) is a one‑to‑one session with a trained counsellor that takes about 60‑90 minutes to complete. During the CIS, you will be provided with information about the health and social consequences of cannabis use; the laws relating to the use, possession and cultivation of cannabis; and effective strategies to address cannabis using behaviour.You are required to complete the CIS within 28 days after this Cannabis Intervention Requirement (CIR) was given to you.
HOW DO I BOOK A CANNABIS INTERVENTION SESSION?
As soon as possible,
telephone the Cannabis Intervention Session Booking Service on 1800 722 362
between 7.00 a.m. — 7.00 p.m., Monday to Sunday.The personal information provided during the booking process will be recorded and passed on to the approved treatment provider and stored on a health database.When you make your CIS appointment, please make sure you have a pen to write down the time, date and address of the CIS in the space provided below on this form.It is very important that you telephone the Cannabis Intervention Session Booking Service as soon as possible to ensure a booking can be made within the 28 day permitted period.No reminders will be issued.
WHEN YOU ATTEND A CANNABIS INTERVENTION SESSION
BRING photographic identification.ARRIVE on time and complete the entire CIS.DO NOT arrive at the CIS under the influence of alcohol or other drugs. If you are under the influence of alcohol or other drugs you will not be permitted to undertake the session. However, continue to take any medication that has been prescribed by your doctor.If you have any questions about attending the CIS, please ask the Cannabis Intervention Session Booking Service operator by calling 1800 722 362.
WHAT IF I NEED TO RE‑SCHEDULE A CIS BOOKING?
If you need to reschedule a booking to complete a CIS, you must contact the CIS Booking Service by calling 1800 722 362. A booking can only be rescheduled if another appointment is available within the permitted 28 day period.
WHAT IF I NEED AN EXTENSION OF TIME TO DO A CIS?
In exceptional circumstances, Police may approve an extension of the time permitted to complete a CIS beyond the permitted 28 day period. To apply for an extension of time, please visit <www.police.wa.gov.au>, navigate to Online forms, navigate to Alcohol and Drugs, click on Application for extension of time to complete a CIS, complete the form and use the email link to send the application form to the Drug Diversion Coordinator. Alternatively, if you cannot access the Police website, you may telephone 131 444, ask to speak to the WA Police Drug Diversion Coordinator, and ask them to mail you an Application for extension of time to complete a CIS by post.
Once you have obtained the application form, complete it and post it to:WA POLICE DRUG DIVERSION COORDINATORLICENSING ENFORCEMENT DIVISIONLOCKED BAG 9, EAST PERTH POST OFFICEEAST PERTH WA 6892Alternatively, you may also send the completed application form by email to led.cir.smail@police.wa.gov.au
CANNABIS INTERVENTION SESSION APPOINTMENT DETAILS
Appointment Date:
Appointment Time:
Appointment Address:
[Form M.D. 16 inserted: Gazette 21 Mar 2014 p. 738‑41.]
Form M.D. 17
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
WITHDRAWAL OF CANNABIS INTERVENTION REQUIREMENT
The Cannabis Intervention Requirement (CIR) identified in this notice is withdrawn.
Details of Alleged Offender
Surname
Given Name/s
Address
Postcode
Cannabis Intervention Requirement
CIR No.
Date of Issue / /
The Cannabis Intervention Requirement (CIR) referred to above and given to you under the Misuse of Drugs Act 1981 section 8E has been withdrawn. The following action will now be taken in respect of the alleged offence —<br> a prosecution will be commenced<br> a juvenile caution will be given<br> a referral will be made to a juvenile justice team<br> no further action will be taken<br> the following action will be taken<br>...........................................................................................................................<br>...........................................................................................................................
Authorised Person issuing this withdrawal notice
Surname Reg.
Section Signature
[Form M.D. 17 inserted: Gazette 29 Jul 2011 p. 3142‑3.]
Form M.D. 18
WESTERN AUSTRALIA
MISUSE OF DRUGS ACT 1981
MISUSE OF DRUGS REGULATIONS 1982
CERTIFICATE OF COMPLETION OF CANNABIS INTERVENTION SESSION
Person who has attended and completed the CIS
Surname
Given Name/s
Address
Postcode
Signature of person who has completed the CIS
Date
/
/
Cannabis Intervention Requirement
Details of CIR that required the completion of the CIS
CIR No.
Date of Issue / /
About the Cannabis Intervention Session
Date of completion / /
CIS treatment provider
Name
Agency
Signature
Date / /
[Form M.D. 18 inserted: Gazette 29 Jul 2011 p. 3143.]
Schedule 2 — Prescribed universities
[r. 3A]
Item
Prescribed university
1
Duke University (Durham, North Carolina, United States of America)
2
University of Aberdeen (Aberdeen, Scotland)
3
University of Alberta (Edmonton, Alberta, Canada)
4
University of California (Berkeley, California, United States of America)
5
University of Cambridge (Cambridge, England)
6
University of Canterbury (Christchurch, New Zealand)
7
University of Cape Town (Rondebosch, Cape Province, South Africa)
8
University of Malaya (Kuala Lumpur, Malaysia)
9
University of Pennsylvania (Philadelphia, Pennsylvania, United States of America)
10
University of Reading (Reading, Berkshire, England)
11
University of Singapore (Singapore)
[Schedule 2 inserted: Gazette 2 Jul 1996 p. 3203; amended: Gazette 10 Dec 2004 p. 5974.]
Schedule 2A — Specified drugs
[r. 4AA]
[Heading inserted: Gazette 17 Jan 2017 p. 413.]
Division 1 — Preliminary
[Heading inserted: Gazette 17 Jan 2017 p. 413.]
Terms used
In this Schedule —
Schedule 4 poison has the meaning given in the Medicines and Poisons Act 2014 section 3;
Schedule 5 poison has the meaning given in the Medicines and Poisons Act 2014 section 3;
Schedule 6 poison has the meaning given in the Medicines and Poisons Act 2014 section 3.
[Division 1 inserted: Gazette 17 Jan 2017 p. 413.]
Division 2 — General
[Heading inserted: Gazette 17 Jan 2017 p. 413.]
Table
Acetic anhydride
Allobarbitone
Allylbarbituric acid
Amylobarbitone ‑ when packed and labelled for injection
Aprobarbitone
Barbitone
Darbepoetin alpha
Dextropropoxyphene
Diazepam ‑ when packed and labelled for injection
Diethylpropion
Ephedrine ‑ when a Schedule 4 poison
Erythropoietin
Erythropoietins
Glutethimide
Heptabarbitone
Hexobarbitone
Metharbitone
Methylphenobarbitone
Nealbarbitone
Pentobarbitone ‑ when packed and labelled for injection
Phenobarbitone
Phentermine
Phenylacetic acid
1‑phenyl‑2‑chloropropane
Phenylmethylbarbituric acid
1‑phenyl‑2‑nitropropene
1‑phenyl‑2‑propanol
Phenylpropanolamine when a Schedule 4 poison
1‑phenyl‑2‑propanone
1‑phenyl‑2‑propanone oxime
Pseudoephedrine when a Schedule 4 poison
Talbutal
Vinbarbitone
[Division 2 inserted: Gazette 17 Jan 2017 p. 413‑14.]
[Division 1 inserted: Gazette 10 Dec 2004 p. 5974-5; amended: Gazette 23 Jun 2009 p. 2493; 28 May 2019 p. 1703.]
Division 2 — Things
[Heading inserted: Gazette 23 Jun 2009 p. 2493.]
Item
Description
1
Any storage device containing ammonia gas where the mass of the storage device is less than one tonne.
[Division 2 inserted: Gazette 23 Jun 2009 p. 2493.]
Schedule 4 — Category 2 items
[Heading inserted: Gazette 10 Dec 2004 p. 5977.]
[r. 5A, 5C]
Division 1 — Substances
[Heading inserted: Gazette 10 Dec 2004 p. 5977.]
Chemical name
Alternate name
Quantity of substance in seized sample
N‑Acetylanthranilic acid
0‑Acetamidobenzoic acid
Allylbenzene
3‑Phenyl‑1‑propene, 2‑Propenyl Benzene
Ammonium formate
Anthranilic acid
2‑Aminobenzoic acid
Benzaldehyde
Benzyl chloride
a‑Chlorotoluene
Benzyl bromide
a‑Bromotoluene
Alkali metal ‑ Calcium
Chromic acid (including salts)
Chromium trioxide
Chromium (VI) oxide
Ergometrine
Ergonovine
Ergotamine
Ethanamine
Monoethylamine
N‑Ethylephedrine
N‑Ethylpseudoephedrine
Formamide
Hydrobromic acid
Hydrogen bromide solution
Hypophosphite salts
Isosafrole
1, 3‑Benzodioxole, 5‑(1‑propenyl)
Alkali metal ‑ Lithium
7 g
Lysergic acid
Alkali metal ‑ Magnesium
Methylamine (& gas)
Aminomethane/Monomethylamine
135 ml
Methylammonium salts
N‑Methylformamide
Palladium (including salts)
Phenylalanine
Piperidine
Piperonal
3, 4‑Methylenedioxy‑benzaldehyde, Heliotropine
50 g
Alkali metal ‑ Potassium
Propionic anhydride
Raney nickel
Safrole
5‑(2‑Propenyl)‑1, 3‑Benzodioxide
69 ml
Sassafras oil
91 ml
Sodium Borohydride
Alkali metal ‑ Sodium
24 g
Thionyl chloride
Thorium (including salts)
[Division 1 inserted: Gazette 10 Dec 2004 p. 5977-9.]
Division 2 — Things
[Heading inserted: Gazette 10 Dec 2004 p. 5979.]
Description
Details
Gas cylinder containing hydrogen sulphide gas
Gas cylinder containing hydrogen gas
Gas cylinder containing methylamine gas
Description
Details
Round bottom reaction flask
Capacity 500 ml or greater (including the repair or modification)
Condenser
Joint size B19 or greater
Splash heads and distillation heads
Description
Details
Heating mantles
Capacity 500 ml or greater (including the repair or supply of parts)
Encapsulators (Capsule filling machines)
Manual or mechanical
Pill presses (including a part for a pill press)
Manual or mechanical
Rotary evaporators
[Division 2 inserted: Gazette 10 Dec 2004 p. 5979; amended: Gazette 22 Mar 2011 p. 972.]
dline
Notes
This is a compilation of the Misuse of Drugs Regulations 1982 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.
Compilation table
Citation
Published
Commencement
Misuse of Drugs Regulations 1982
13 Aug 1982 p. 3113‑19
1 Sep 1982 (see r. 2 and Gazette 20 Aug 1982 p. 3250)
Misuse of Drugs Amendment Regulations 1991
9 Aug 1991 p. 4231
9 Aug 1991
Misuse of Drugs Amendment Regulations 1996
2 Jul 1996 p. 3196‑203
16 Aug 1996 (see r. 2 and Gazette 16 Aug 1996 p. 4007)
Misuse of Drugs Amendment Regulations (No. 2) 1998
29 Jan 1999 p. 273
29 Jan 1999
Misuse of Drugs Amendment Regulations 2000
19 Dec 2000 p. 7291‑2
1 Jan 2001 (see r. 2 and Gazette 29 Dec 2000 p. 7903)
Reprint of the Misuse of Drugs Regulations 1982 as at 19 Oct 2001 (includes amendments listed above)
Misuse of Drugs Amendment Regulations 2004
10 Dec 2004 p. 5967‑80
1 Jan 2005 (see r. 2 and Gazette 10 Dec 2004 p. 5965)
Misuse of Drugs Amendment Regulations 2006
11 Jul 2006 p. 2543‑4
11 Jul 2006
Misuse of Drugs Amendment Regulations 2007
20 Apr 2007 p. 1740‑2
28 Apr 2007 (see r. 2 and Gazette 27 Apr 2007 p. 1775)
Reprint 2: The Misuse of Drugs Regulations 1982 as at 22 Feb 2008 (includes amendments listed above)
Misuse of Drugs Amendment Regulations 2009
23 Jun 2009 p. 2492‑3
r. 1 and 2: 23 Jun 2009 (see r. 2(a)); Regulations other than r. 1 and 2: 24 Jun 2009 (see r. 2(b))
Misuse of Drugs Amendment Regulations 2010
30 Mar 2010 p. 1265‑7
r. 1 and 2: 30 Mar 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 31 Mar 2010 (see r. 2(b))
Misuse of Drugs Amendment Regulations (No. 2) 2010
12 Nov 2010 p. 5660‑3
r. 1 and 2: 12 Nov 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 13 Nov 2010 (see r. 2(b))
Misuse of Drugs Amendment Regulations 2011
22 Mar 2011 p. 971‑2
r. 1 and 2: 22 Mar 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Mar 2011 (see r. 2(b))
Misuse of Drugs Amendment Regulations (No. 2) 2011
6 May 2011 p. 1619‑21
r. 1 and 2: 6 May 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 9 Jul 2011 (see r. 2(b) and Gazette 8 Jul 2011 p. 2895)
Misuse of Drugs Amendment Regulations (No. 3) 2011
1 Jul 2011 p. 2747‑8
r. 1 and 2: 1 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 2 Jul 2011 (see r. 2(b))
Misuse of Drugs Amendment Regulations (No. 4) 2011
29 Jul 2011 p. 3138‑43
r. 1 and 2: 29 Jul 2011 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Aug 2011 (see r. 2(b) and Gazette 29 Jul 2011 p. 3127)
Reprint 3: The Misuse of Drugs Regulations 1982 as at 6 Jan 2012 (includes amendments listed above)
Misuse of Drugs Amendment Regulations 2012
28 Aug 2012 p. 4141‑2
r. 1 and 2: 28 Aug 2012 (see r. 2(a)); Regulations other than r. 1 and 2: 30 Jan 2013 (see r. 2(b) and Gazette 29 Jan 2013 p. 324‑5)
Misuse of Drugs Amendment Regulations 2013
25 Jan 2013 p. 281‑2
r. 1 and 2: 25 Jan 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 1 Mar 2013 (see r. 2(b))
Misuse of Drugs Amendment Regulations 2014
21 Mar 2014 p. 737‑41
r. 1 and 2: 21 Mar 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 22 Mar 2014 (see r. 2(b))
Misuse of Drugs Amendment Regulations (No. 2) 2014
5 Aug 2014 p. 2831‑2
r. 1 and 2: 5 Aug 2014 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Aug 2014 (see r. 2(b))
Misuse of Drugs Amendment Regulations 2015
5 Jan 2016 p. 4‑7
r. 1 and 2: 5 Jan 2016 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Jan 2016 (see r. 2(b))
Police Regulations Amendment (Poisons) Regulations 2016 Pt. 2
17 Jan 2017 p. 412‑17
30 Jan 2017 (see r. 2(b) and Gazette 17 Jan 2017 p. 403)
Reprint 4: The Misuse of Drugs Regulations 1982 as at 17 Feb 2017 (includes amendments listed above)
Misuse of Drugs Amendment Regulations 2019
28 May 2019 p. 1703
r. 1 and 2: 28 May 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 29 May 2019 (see r. 2(b))
Misuse of Drugs Amendment Regulations 2022
SL 2022/92 17 Jun 2022
r. 1 and 2: 17 Jun 2022 (see r. 2(a)); Regulations other than r. 1 and 2: 18 Jun 2022 (see r. 2(b) and SL 2022/81 cl. 2)
Other notes
1 The Drugs Act 1908 of South Australia was repealed on 1 Jul 2011 by the Controlled Substances Act 1984 of South Australia.
2 Under the Alteration of Statutory Designations Order (No. 2) 2013 a reference in any law to the Department of Conservation and Land Management is to be read and construed as a reference to the Department of Parks and Wildlife unless the context of the reference requires otherwise.
Defined terms
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]