Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
controlled substance means a substance mentioned
in —
(a) the
Commonwealth Customs (Prohibited Exports) Regulations 1958 Schedule 8;
or
(b) the
Commonwealth Customs (Prohibited Imports) Regulations 1956 Schedule 4;
intoxicant means a beverage or other substance for
human consumption that contains alcohol but does not include a substance for
medical or pharmaceutical use;
qualified , in relation to a profession, means
qualified and entitled, under a law of a State or Territory, to practise that
profession —
(a) in
relation to a nurse, means qualified and entitled, under a law of a State or
Territory, to practise as a nurse; and
(b) in
relation to a pharmacist, means qualified and entitled, under a law of a State
or Territory, to practise as a pharmacist;
therapeutic use has the meaning given to that term
in the Health Act 1911 section 3(1).
(2) A person on a
facility must not have possession or control of —
(a) a
controlled substance; or
(b) an
intoxicant.
Penalty: a fine of $1 100.
(3) It is a defence in
a prosecution for an offence under subregulation (2)(a) that the
controlled substance has therapeutic use and —
(a) the
person lawfully had the substance in his or her possession or
control —
(i)
in the course of the person’s employment; or
(ii)
in the course of the person’s duties or practice as
a qualified medical practitioner, nurse, dentist or pharmacist;
or
(b) the
person lawfully had the substance in his or her possession or control for the
person’s bona fide personal use.