Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A medical officer
of health, environmental health officer or any other officer authorised in
that behalf by the Executive Director, Public Health, or a local government
(in this section called a "competent officer” ) may procure a
sample of a drug, and submit the same to an analyst.
(2) If, when a
competent officer applies to purchase a drug from any person having the same
for sale, or from the employee or agent of such a person, and tenders the
price for the quantity of the drug which he requires for the purpose of
analysis, that person, or his employee or agent, refuses to sell the same, he,
and also the employee or agent, if any, commits an offence.
(3) A competent
officer who purchases a drug with the intention of submitting the same to
analysis (in this section called "the purchaser” ) shall forthwith
notify to the seller or his employee or agent selling the same his intention
to have the same analysed, and shall offer to divide the drug so purchased
into 3 parts to be then and there separated, and each part to be marked
and sealed or fastened up in such manner as its nature permits by the
purchaser in the presence of the seller or his employee or agent, and, if the
seller or his employee or agent so desires, with the seal or distinguishing
mark of the seller or his employee or agent as well as that of the purchaser.
(4) The purchaser
shall, if the offer made by him under subsection (3) is accepted, proceed
accordingly, and shall deliver one of the parts concerned to the seller or his
employee or agent, retain another of those parts for future comparison and
submit the third of those parts to an analyst, if he thinks it right to have
the drug concerned analysed.
(5) If the purchaser
of the drug concerned has under subsection (3) notified the seller or his
employee or agent selling the same of his intention to have the same analysed,
he shall also, within 3 days after giving that notice, give a similar
notice to the manufacturer of that drug, if that manufacturer is other than
the seller and his name and address are known to the purchaser and he resides
or carries on business within the State.
(6) If the seller of a
drug or his employee or agent, having accepted the offer of the purchaser
under subsection (3) to divide the drug, prevents or attempts to prevent
the completion of the proceedings prescribed by subsection (4), whether
by departing from the place where the purchase was made or otherwise, then the
purchaser may proceed as if the offer had not been accepted.
(7) If the seller of a
drug or his employee or agent does not accept the offer of the purchaser under
subsection (3) to divide the drug, the analyst receiving the same shall
divide it into 2 parts, and shall seal or fasten up one of those parts, and
cause it to be delivered to the purchaser, either when that analyst receives
the drug or when he supplies his certificate to the purchaser, and the
purchaser shall retain the part so delivered to him and produce the same if
any proceedings are afterwards taken in the matter.
(8) If an analyst does
not reside within 3 kilometres of the residence of the person requiring a drug
to be analysed for the purposes of this section, the drug may be forwarded to
the analyst through a post office as a registered letter or packet, or by such
other means or in such other manner or may be prescribed.
(9) An analyst
analysing a drug for the purposes of this section shall give a
certificate of the result of his analysis and examination in the prescribed
form, and in any proceedings before any court the production of a certificate
purporting to be signed by that analyst shall be sufficient evidence of the
identity of the drug analysed and of the result of that analysis, without
proof of the signature of the person appearing to have signed the same.
(10) Notwithstanding
anything in subsection (9), the accused in any proceeding arising out of
an analysis under this section may require the analyst concerned to be
called as a witness, and the part of the drug concerned retained by the person
who purchased the same to be produced.
(11) A court hearing a
prosecution or an appeal may cause a drug to be sent to an analyst to make an
analysis or examination thereof and give a certificate to the court of the
result.
(12) The cost of any
analysis or examination of a drug sent to an analyst under
subsection (11) shall be paid as the court in its discretion directs.
(13) A competent
officer purchasing a drug under this section may require the seller to
state his name and address, and, if default is made in complying with that
requirement, the seller commits an offence.
(14) In any
prosecution under this Division proof of non-compliance, or failure to prove
compliance, on the part of a competent officer with any of the provisions of
this section which ought to have been complied with by him shall not
entitle the accused to have the prosecution dismissed or prevent his
conviction unless he shall show that the non-compliance has in fact prejudiced
him.
[Section 227 inserted by No. 26 of 1985
s. 7; amended by No. 80 of 1987 s. 74; No. 59 of 1991
s. 5; No. 14 of 1996 s. 4; No. 28 of 1996 s. 20; No.
84 of 2004 s. 80 and 82.]