Western Australian Current Acts Western Australian Current Acts (1) A person who,
without lawful excuse, has in the person’s possession a substance that
contains, or substances that together contain, a quantity of a category 1 item
or a category 2 item that exceeds the quantity prescribed in relation to the
item concerned commits a crime.
Penalty: $20 000 or imprisonment for 5 years or
both.
Summary conviction penalty: $12 000 or
imprisonment for 3 years or both.
(2) A person who,
without lawful excuse, has in the person’s possession a category 1 item
or a category 2 item commits a simple offence.
Penalty: $12 000 or imprisonment for 3 years or
both.
(3) A person does not
commit an offence under subsection (1) or (2) if the person is authorised by
or under this Act or by or under the Medicines and Poisons Act 2014 to possess
the item or substance concerned and does so in accordance with that authority.
(4) A person does not
commit an offence under subsection (1) or (2) by reason only of the person
having in the person’s possession a category 1 item, a category 2 item
or a particular substance if the person proves that —
(a) he
or she was authorised by or under this Act or the Medicines and Poisons Act
2014 to have possession of the item or substance; or
(b) he
or she had possession of the item or substance only for the purpose of
delivering it to a person authorised to have possession of the item or
substance under this Act or the Medicines and Poisons Act 2014 and he or she
took all reasonable steps to deliver the item or substance to the person; or
(c) he
or she had possession of the item or substance for the purpose of analysing,
examining or otherwise dealing with it for the purposes of this Act in his or
her capacity as an analyst, botanist or other expert.
[Section 14 inserted: No. 62 of 2004 s. 5;
amended: No. 13 of 2014 s. 174 .]