Medicines and Poisons Amendment Regulations (No. 2) 2024 00-00-00 Xml

Western Australia

Medicines and Poisons Amendment Regulations (No. 2) 2024

Contents

1.Citation1

2.Commencement1

3.Regulations amended1

4.Parts 12A and 12B inserted1

Part 12A — Infringement notices

148A.Prescribed offences and modified penalties1

148B.Authorised officers and approved officers2

148C.Forms2

Part 12B — Miscellaneous

148D.Term used: Schedule 6 nitrous oxide2

148E.Supply of Schedule 6 nitrous oxide3

148F.Record of supply of Schedule 6 nitrous oxide4

5.Schedules 4 and 5 inserted4

Schedule 4 — Prescribed offences and modified penalties

Schedule 5 — Infringement notice forms

Medicines and Poisons Act 2014

Medicines and Poisons Amendment Regulations (No. 2) 2024

Made by the Governor in Executive Council.

1.Citation

These regulations are the Medicines and Poisons Amendment Regulations (No. 2) 2024.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published on the WA legislation website;

(b)the rest of the regulations — on the day after that day.

3.Regulations amended

These regulations amend the Medicines and Poisons Regulations 2016.

4.Parts 12A and 12B inserted

After regulation 148 insert:

Part 12A — Infringement notices

148A.Prescribed offences and modified penalties

(1)The offences specified in Schedule 4 to these regulations are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2)The modified penalty specified opposite an offence in Schedule 4 to these regulations is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

148B.Authorised officers and approved officers

(1)The CEO may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2 in relation to infringement notices issued under that Part for an offence specified in Schedule 4 to these regulations.

(2)The CEO must issue to each person appointed as an authorised officer under subregulation (1) a certificate, badge or identity card identifying the officer as a person authorised to issue infringement notices.

(3)A person appointed as an authorised officer under subregulation (1) may show that they are an authorised officer by producing the certificate, badge or identity card issued to them under subregulation (2).

148C.Forms

For the purposes of the Criminal Procedure Act 2004 Part 2, the forms set out in Schedule 5 to these regulations are prescribed in relation to the matters specified in those forms.

Part 12B — Miscellaneous

148D.Term used: Schedule 6 nitrous oxide

In this Part —

Schedule 6 nitrous oxide means nitrous oxide classified as a Schedule 6 poison under regulation 6.

148E.Supply of Schedule 6 nitrous oxide

(1)For the purposes of section 15(1)(b), a person does not commit an offence under section 15(1) of supplying Schedule 6 nitrous oxide if the supply is —

(a)from a manufacturer to a wholesaler or retailer; or

(b)from a wholesaler to a wholesaler or retailer; or

(c)in an immediate container also containing sulfur dioxide; or

(d)to an approved recipient in an immediate container containing 10 g or less of nitrous oxide.

(2)For the purposes of subregulation (1)(d), each of the following is an approved recipient —

(a)the proprietor (as defined in the Food Act 2008 section 8) of a food business registered under the Food Act 2008 Part 9;

(b)the holder of a licence granted under the Liquor Control Act 1988 (other than a liquor store licence as defined in section 3(1) of that Act);

(c)a college established under the Vocational Education and Training Act 1996 section 35;

(d)a government school, or a non‑government school, as those terms are defined in the School Education Act 1999 section 4;

(e)a university established under a written law;

(f)a person who carries on a business of providing cooking education and training.

148F.Record of supply of Schedule 6 nitrous oxide

(1)A person who supplies Schedule 6 nitrous oxide must keep a proper record of the supply.

Penalty for this subregulation: a fine of $5 000.

(2)For the purposes of subregulation (1), a proper record of a supply is kept if a written record is —

(a)made of the following information —

(i)the date on which the nitrous oxide is supplied;

(ii)the brand, form and quantity of the nitrous oxide supplied;

(iii)the name, business address and delivery address (if applicable) of the person to whom the nitrous oxide is supplied;

and

(b)kept for at least 2 years from the date on which the nitrous oxide is supplied.

5.Schedules 4 and 5 inserted

After Schedule 3 insert:

Schedule 4 — Prescribed offences and modified penalties

[r. 148A]

Offences under Medicines and Poisons Act 2014		Modified penalty
s. 15(1)	Supplying Schedule 6 nitrous oxide	$6 000
s. 15(2)	Supplying Schedule 6 nitrous oxide where likely to pose a serious threat to health, safety and welfare	$6 000
Offence under Medicines and Poisons Regulations 2016		Modified penalty
r. 148F(1)	Failing to record supply of Schedule 6 nitrous oxide	$1 000

Schedule 5 — Infringement notice forms

[r. 148C]

Form 1 — Infringement notice

Medicines and Poisons Act 2014 INFRINGEMENT NOTICE				Infringement notice no.
Alleged offender	Name

	Address

Details of alleged offence	Date or period
	Place
	Written law contravened
	Details of offence
Date	Date of notice
Authorised officer	Name
	Signature
Modified penalty	$_________
Due date for payment of modified penalty	/ / (Within 28 days after the date of this notice)
TAKE NOTICE	It is alleged that you have committed the above offence. If you do not want to be prosecuted in court for the offence, pay the modified penalty to the Approved Officer within 28 days after the date of this notice. If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold. If you need more time to pay the modified penalty, you should contact the Approved Officer at the address below. Paying the modified penalty will not be regarded as an admission for the purposes of any civil or criminal court case. If you want this matter to be dealt with by prosecution in court, sign and date here: __________________________________ / / and send this notice to the Approved Officer at the address below within 28 days after the date of this notice. If you consider that you have good reason to have this notice withdrawn, you can write to the Approved Officer at the address below requesting that this notice be withdrawn and setting out the reasons why you consider that this notice should be withdrawn. Your letter must be received not later than 28 days after the date of this notice.
How to pay	By post	[Insert details for paying by post]
	Online	[Insert details for paying online]
	By telephone	[Insert details for paying by telephone]
Method of service			Date of service

Form 2 — Withdrawal of infringement notice

Medicines and Poisons Act 2014 WITHDRAWAL OF INFRINGEMENT NOTICE			Withdrawal no.
Alleged offender	Name

	Address

Details of infringement notice	Infringement notice no.
	Date of issue
Details of alleged offence	Date or period
	Place
	Written law contravened
	Details of offence
Approved Officer withdrawing notice	Name
	Signature
Date	Date of withdrawal
Withdrawal of infringement notice	The above infringement notice issued against you for the above alleged offence has been withdrawn. If you have already paid the modified penalty for the alleged offence, you are entitled to a refund.
[*Delete whichever is not applicable]	Your refund is enclosed. or You may claim your refund by signing and dating this notice and sending it to: Approved Officer — Medicines and Poisons Act 2014 [Insert postal and email address]
Your signature		Date

N. HAGLEY, Clerk of the Executive Council

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.

By Authority: GEOFF O. LAWN, Government Printer