Western Australian Current Acts

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MEDICINES AND POISONS ACT 2014 - SECT 3

3 .         Terms used

                In this Act —

        adopted code has the meaning given in section 132(1);

        Agvet Code of Western Australia has the meaning given in the Agricultural and Veterinary Chemicals (Western Australia) Act 1995 section 3;

        authorised health professional means a health professional who has a professional authority;

        CEO means the chief executive officer of the Department;

        compliance notice means a notice given under section 71;

        corporate officer , in relation to a body corporate, means an individual who is an officer, as defined in the Corporations Act 2001 (Commonwealth) section 9, of the body corporate;

        Department means the department of the Public Service principally assisting in the administration of this Act;

        drugs of addiction record means the record kept under section 88;

        health professional means a person who is —

            (a)         a registered health practitioner; or

            (b)         a veterinarian; or

            (c)         in a class of persons prescribed by the regulations for the purposes of this definition;

        investigator means a person designated under section 95(1) to be an investigator;

        licence means a licence granted under Part 4 Division 2;

        licensee means the holder of a licence;

        manufacture has the meaning given in section 6;

        medicine means a substance that is a Schedule 2, 3, 4 or 8 poison;

        needle and syringe programme means a programme to do one or more of the following principally for the purpose of preventing the spread of infectious diseases that are carried in the blood —

            (a)         to supply people with any of the following —

                  (i)         sterile hypodermic syringes;

                  (ii)         sterile hypodermic needles;

                  (iii)         things that may be used in connection with the administration, by injection, of prohibited drugs (as defined in the Misuse of Drugs Act 1981 section 3(1)), for example, swabs and spoons;

            (b)         to facilitate the safe disposal, after use, of any of the things mentioned in paragraph (a);

            (c)         to advise, counsel or disseminate information to people;

        permit means a permit granted under Part 4 Division 2;

        permit holder means the holder of a permit;

        pharmacist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the pharmacy profession;

        pharmacy means premises registered as a pharmacy under the Pharmacy Act 2010 section 39;

        poison means a substance that is a Schedule 2, 3, 4, 5, 6, 7, 8 or 9 poison;

        prescribe , in relation to a poison, has the meaning given in section 7(1);

        prescriber has the meaning given in section 7(1);

        prescription has the meaning given in section 7(1);

        professional authority means —

            (a)         an authorisation under section 25 to administer, possess, prescribe, supply or use a medicine; or

            (b)         an authorisation under section 26 to manufacture a medicine or use or possess a Schedule 7 poison;

        register means the register kept under section 75;

        registered health practitioner means a health practitioner who is registered under the Health Practitioner Regulation National Law (Western Australia) to practice a health profession;

        Schedule 2 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 2;

        Schedule 3 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 3;

        Schedule 4 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 4;

        Schedule 5 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 5;

        Schedule 6 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 6;

        Schedule 7 notice means a notice given under section 72;

        Schedule 7 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 7;

        Schedule 8 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 8;

        Schedule 9 poison means a substance that is classified by regulations made under section 4(1) as a poison included in Schedule 9;

        strictly controlled substance means a substance that is classified by regulations made under section 5(1) as a strictly controlled substance;

        substance includes a compound, preparation, mixture or plant;

        supply has the meaning given in section 8;

        veterinarian has the meaning given in the Veterinary Practice Act 2021 section 3.

        voluntary assisted dying substance means a Schedule 4 or 8 poison that is a voluntary assisted dying substance as defined in the Voluntary Assisted Dying Act 2019 section 7(2).

        [Section 3 amended: No. 27 of 2019 s. 174; No. 19 of 2021 s. 232(2)-(4).]



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