Western Australian Consolidated Acts Western Australian Consolidated 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 Poisons Act 1964 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 the
person had possession of the item or substance only for the purpose
of —
(a)
delivering it to a person authorised (the authorised person ) —
(i)
to have possession of the item or substance by or under
this Act, by or under the Poisons Act 1964 or on and in accordance with
an authorised prescription; or
(ii)
by or under this Act or by or under the
Poisons Act 1964 to manufacture, prepare, sell or supply the item or
substance,
and had possession of
the item or substance (except in the case of intended delivery to a person
authorised to have possession of the item or substance on and in accordance
with an authorised prescription) in accordance with the authority in writing
of the authorised person, and that, after taking possession of the item or
substance, the person took all such steps as were reasonably open to the
person to deliver the item or substance into the possession of the authorised
person; or
(b)
analysing, examining or otherwise dealing with it for the purposes of this Act
in the person’s capacity as an analyst, botanist or other expert.
[Section 14 inserted by No. 62 of 2004
s. 5.]