Western Australian Current Acts

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MISUSE OF DRUGS ACT 1981 - SECT 42

42 .         Amendment of certain schedules

        (1)         The Governor may from time to time by Order in Council published in the Gazette amend Schedule III, IV, V, VI, VII or VIII by —

            (a)         adding thereto or deleting therefrom —

                  (i)         any prohibited drug or any quantity specified in relation thereto; or

                  (ii)         any prohibited plant of a particular species or genus or any number specified in relation thereto,

                as the case requires; or

            (b)         deleting and substituting all or any of the items therein; or

            (c)         altering any item therein.

        (1A)         The Governor may from time to time by Order in Council published in the Gazette amend Schedule 6A —

            (a)         subject to section 20N(2) and (3), to modify a BSA; or

            (b)         subject to section 20N(6) and (7), to establish a new BSA.

        (2)         Subject to this section, on the publication in the Gazette of an Order in Council made under subsection (1) or (1A), the Schedule to which that Order in Council relates is amended accordingly and, as so amended, has the same force and effect as if the amendment effected by that Order in Council had been effected by an Act amending this Act.

        (3)         The Minister shall cause a copy of every Order in Council made under subsection (1) or (1A) to be laid on the Table of each House of Parliament within the first 14 sitting days of that House after the publication of that Order in Council in the Gazette .

        (4)         If a copy of an Order in Council made under subsection (1) or (1A) is not laid on the Table of a House of Parliament in accordance with subsection (3), that Order in Council ceases to have effect when that copy is not so laid but without affecting the validity or curing the invalidity of anything done or omitted to be done in good faith before that Order in Council so ceases to have effect.

        (5)         If either House of Parliament passes a resolution, of which notice has been given within the first 14 sitting days of that House after a copy of the relevant Order in Council made under subsection (1) or (1A) has been laid on the Table of that House under subsection (3), that that Order in Council be disallowed, that Order in Council thereupon ceases to have effect, but the disallowance of that Order in Council does not affect the validity or cure the invalidity of anything done or omitted to be done in good faith before the passing of that resolution.

        [Section 42 amended: No. 50 of 1990 s. 5; No. 16 of 2023 s. 9.]



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