Western Australian Current Acts Western Australian Current Acts (1) In this section
—
appropriate licence has the meaning given in the
Medicines and Poisons Act 2014 section 12;
appropriate permit has the meaning given in the
Medicines and Poisons Act 2014 section 12;
professional authority has the meaning given in
the Medicines and Poisons Act 2014 section 3.
(2) For the purposes
of this Act the manufacture or preparation of a prohibited drug is authorised
under the Medicines and Poisons Act 2014 if the prohibited drug is
manufactured —
(a)
under an appropriate licence or a professional authority; and
(b) in
accordance with regulations made under that Act.
(3) For the purposes
of this Act, the sale or supply of a prohibited drug is authorised under the
Medicines and Poisons Act 2014 if the prohibited drug is supplied —
(a)
under an appropriate licence, an appropriate permit or a professional
authority; and
(b) in
accordance with regulations made under that Act.
(4) For the purposes
of this Act, a person is authorised under the Medicines and Poisons Act 2014
to manufacture, prepare, sell or supply a prohibited drug if —
(a) the
person —
(i)
holds an appropriate licence or an appropriate permit
that authorises the manufacture or supply of the drug; or
(ii)
is authorised by a professional authority to manufacture
or supply the drug; or
(iii)
is an employee or agent of a person referred to in
subparagraph (i) or (ii);
and
(b) the
manufacture, preparation, sale or supply is in accordance with the licence,
permit or authority.
(5) For the purposes
of this Act, a person is authorised under the Medicines and Poisons Act 2014
to possess a prohibited drug if —
(a) the
drug is a Schedule 4 or 8 poison as defined in the
Medicines and Poisons Act 2014 section 3 and possession of the drug by the
person would not be an offence under the Medicines and Poisons Act 2014
section 14(4); or
(b) the
drug is a Schedule 9 poison as defined in the Medicines and Poisons Act 2014
section 3 and possession of the drug by the person would not be an offence
under Medicines and Poisons Act 2014 section 17.
(6) For the purposes
of this Act a person is authorised under the Medicines and Poisons Act 2014 to
use a prohibited drug if the drug is prescribed for the person by the holder
of a professional authority who is authorised under the
Medicines and Poisons Act 2014 to prescribe the drug to the person and the use
is in accordance with the instructions of the prescriber.
(7) For the purposes
of this Act, an investigator as defined in the Medicines and Poisons Act 2014
section 3 is authorised to supply, obtain or possess a prohibited drug if the
drug is supplied, obtained or possessed in the course of conducting an
investigation under that Act.
[Section 5B inserted: No. 13 of 2014 s. 169.]