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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Medicines and Poisons (Validation) Bill 2022
Contents
1. Short title 2
2. Commencement 2
3. Act binds Crown 2
4. Validation 2
Defined terms
95--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Medicines and Poisons (Validation) Bill 2022
A Bill for
An Act to make provision in relation to the definition of Standard for
the Uniform Scheduling of Medicines and Poisons (SUSMP) in the
Medicines and Poisons Regulations 2016 regulation 3(1).
The Parliament of Western Australia enacts as follows:
page 1
Medicines and Poisons (Validation) Bill 2022
s. 1
1 1. Short title
2 This is the Medicines and Poisons (Validation) Act 2022.
3 2. Commencement
4 This Act comes into operation on the day on which it receives
5 the Royal Assent.
6 3. Act binds Crown
7 This Act binds the Crown in right of Western Australia and, so
8 far as the legislative power of the Parliament permits, the Crown
9 in all its other capacities.
10 4. Validation
11 (1) In this section --
12 non-legislative instrument means any of the following that is
13 made, issued or given under a written law but that is not itself a
14 written law --
15 (a) a consent, licence, permit, approval or other form of
16 authorisation;
17 (b) a decision, determination, direction, exemption or
18 instruction;
19 (c) a code, notice, order, protocol, rule or standard;
20 (d) an instrument not covered by paragraphs (a) to (c);
21 relevant definition means the definition of Standard for the
22 Uniform Scheduling of Medicines and Poisons (SUSMP) in
23 the Medicines and Poisons Regulations 2016 regulation 3(1);
24 validation period means the period beginning on
25 1 February 2019 and ending on 19 November 2019.
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Medicines and Poisons (Validation) Bill 2022
s. 4
1 (2) The relevant definition is taken to have been as follows at all
2 times during the validation period --
3
4 Standard for the Uniform Scheduling of Medicines and
5 Poisons (SUSMP) means the Standard for the Uniform
6 Scheduling of Medicines and Poisons set out in the current
7 Poisons Standard;
8
9 (3) Subsections (4), (5), (7), (8) and (9) --
10 (a) supplement subsection (2); but
11 (b) are not to be construed as limiting the effect of
12 subsection (2) or the effect of each other.
13 (4) A written law or non-legislative instrument in force at any time
14 on or after 1 February 2019 is taken to have, or to have had, the
15 same effect at that time as if the relevant definition had been as
16 set out in subsection (2) at all times during the validation period.
17 (5) Anything done, or purportedly done, on or after
18 1 February 2019 is taken to be, and to have always been, as
19 lawful, valid and effective as it would be, or would have been, if
20 the relevant definition had been as set out in subsection (2) at all
21 times during the validation period.
22 (6) In subsection (5), a reference to the doing of anything includes a
23 reference to an omission to do anything.
24 (7) The functions, rights, obligations and liabilities of the State, and
25 of all persons and bodies, are taken to be, and to have always
26 been, the same as if the relevant definition had been as set out in
27 subsection (2) at all times during the validation period.
28 (8) An act or omission done or made on or after 1 February 2019 is
29 taken to be, and to have always been --
30 (a) an offence, or other contravention of a written law or
31 non-legislative instrument, if it would be, or would have
32 been, an offence or other contravention if the relevant
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Medicines and Poisons (Validation) Bill 2022
s. 4
1 definition had been as set out in subsection (2) at all
2 times during the validation period; and
3 (b) subject to the same punishment or other penalty or
4 consequences, whether criminal or civil, as it would be,
5 or would have been, if the relevant definition had been
6 as set out in subsection (2) at all times during the
7 validation period.
8 (9) An offence committed before the validation period with which a
9 person was charged during the validation period is taken to be,
10 and to have always been, as punishable as it would have been if
11 the relevant definition had been as set out in subsection (2) at all
12 times during the validation period.
13 (10) This section has effect despite The Criminal Code section 11.
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Medicines and Poisons (Validation) Bill 2022
Defined terms
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)
non-legislative instrument ................................................................................ 4(1)
relevant definition ............................................................................................ 4(1)
validation period .............................................................................................. 4(1)
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