Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MEDICINES AND POISONS ACT 2014 - SECT 4

4 .         Poisons

        (1)         The Governor may, on the recommendation of the Minister, make regulations classifying a substance as a poison included in a Schedule referred to in the Table.

Table

Schedule 1 — [Blank]

Schedule 2 — Pharmacy medicines

Substances, the safe use of which may require advice from a pharmacist and which should be available from a pharmacy or, where a pharmacy service is not available, from a licensed person.

Schedule 3 — Pharmacist only medicines

Substances, the safe use of which requires professional advice but which should be available to the public from a pharmacist without a prescription.

Schedule 4 — Prescription only medicines, or Prescription Animal Remedy

Substances, the use or supply of which should be by or on the order of persons permitted under the Act to prescribe and should be available from a pharmacist on prescription.

Schedule 5 — Caution

Substances with a low potential for causing harm, the extent of which can be reduced through the use of appropriate packaging with simple warnings and safety directions on the label.

Schedule 6 — Poison

Substances with a moderate potential for causing harm, the extent of which can be reduced through the use of distinctive packaging with strong warnings and safety directions on the label.

Schedule 7 — Dangerous Poison

Substances with a high potential for causing harm at low exposure and which require special precautions during manufacture, handling or use. These poisons should be available only to specialised or authorised users who have the skills necessary to handle them safely. Special regulations restricting their availability, possession, storage or use may apply.

Schedule 8 — Controlled Drug

Substances which should be available for use but require restriction of manufacture, supply, distribution, possession and use to reduce abuse, misuse and physical or psychological dependence.

Schedule 9 — Prohibited Substance

Substances which may be abused or misused, the manufacture, possession, sale or use of which should be prohibited by law except when required for medical or scientific research, or for analytical, teaching or training purposes with approval of the CEO.

        (2)         The Minister may recommend that a substance be identified in the regulations in any way the Minister thinks fit.

        (3)         Without limiting subsection (2), a substance may be classified by reference to any of the following —

            (a)         an adopted code;

            (b)         the way in which it is, or is intended to be, used;

            (c)         the purpose for which it is, or is intended to be, used;

            (d)         the quantity in which it is supplied;

            (e)         its packaging or labelling;

            (f)         its physical or chemical state or form;

            (g)         any other factor.

        (4)         The following substances cannot be classified as poisons —

            (a)         industrial hemp or industrial hemp seed as defined in the Industrial Hemp Act 2004 section 3(1);

            (b)         processed industrial hemp as defined in the Misuse of Drugs Act 1981 section 3(1).



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback