Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 41

41 .         Regulations

        (1)         The Governor may make regulations prescribing all matters that are required or permitted by this Act to be prescribed, or are necessary or convenient to be prescribed, for giving effect to the purposes of this Act and, in particular —

            (a)         prescribing and providing for the recovery of fees to be paid in respect of matters or things to be done under or for the purposes of this Act;

            (b)         providing for the manner in which any thing, which is ordered or required under this Act —

                  (i)         to be destroyed, is to be destroyed; and

                  (ii)         to be released to a person, is to be released; and

                  (iii)         to be forfeited to the Crown, is to be dealt with;

            (ba)         providing for the procedure to be followed in and in relation to the taking, packaging and labelling of samples;

            (c)         providing for the procedure to be followed in and in relation to —

                  (i)         any analysis or examination under this Act; and

                  (ii)         the admissibility and receipt of evidence relating to any thing obtained or received for an analysis or examination referred to in subparagraph (i);

            (d)         providing for the manner in which any thing is to be conveyed to and analysed or examined by an analyst, botanist or other expert.

        (2)         Regulations made under this Act are in addition to and not in derogation of any regulations made under the Medicines and Poisons Act 2014 , but if and to the extent that inconsistency exists between regulations made under this Act and regulations made under the Medicines and Poisons Act 2014 the latter regulations shall prevail.

        (3)         The regulations may create offences and may provide for a penalty not exceeding $1 000.

        [Section 41 amended: No. 44 of 1995 s. 15; No. 13 of 2014 s. 177.]



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