Western Australian Consolidated Regulations (1) Subject to
subregulation (1aa), until in any particular case such authority is
withdrawn —
(a) a
medical practitioner;
(aa) a
nurse practitioner;
(b) a
pharmaceutical chemist;
(c) a
dentist;
(d) a
veterinary surgeon;
(e) an
analyst appointed under the Health Act 1911 ;
(f) the
Director of Nursing of a hospital registered under the
Hospitals and Health Services Act 1927 ;
(g) any
other person authorised in writing by the CEO,
is authorised to
procure, in accordance with subregulation (1a), a poison included in
Schedule 4 to the extent that it is required for the purpose of his
profession or employment, but such authority does not entitle any person to
have in his possession any poison included in Schedule 4 other than in
accordance with these regulations or in any quantity greater than is permitted
by the CEO.
(1aa) A medical
practitioner is not authorised under subregulation (1) to procure a
poison included in Schedule 4 and referred to in a regulation listed in
the Table, unless the medical practitioner is authorised under that regulation
to prescribe the poison.
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(1a) A person
authorised under subregulation (1) to procure a poison included in
Schedule 4 shall, unless a record is made under regulation 41B in
relation to the procurement of the poison, provide a written order to the
person from whom he or she is attempting to procure the poison, setting
out —
(a) the
name, address and signature of the authorised person;
(b) the
date of the order; and
(c) the
name and quantity of the poison.
(2) A person who
wishes to use any poison included in Schedule 4 being an antibiotic or
sulphonamide for the preparation of mixtures for sale pursuant to
regulation 39A, and who holds a permit under that regulation to sell such
mixtures, is authorised to procure, use and be in possession of such poison
included in Schedule 4 for the preparation of such mixtures.
[Regulation 40 amended in Gazette
5 Oct 1979 p. 3085; 29 Jun 1984 p. 1784;
8 Feb 1985 p. 519; 8 Jun 1990 p. 2627;
28 May 1993 p. 2596; 25 Jun 1993 p. 3085;
26 May 1994 p. 2201; 19 Mar 1996 p. 1225;
11 Apr 1997 p. 1832; 5 Oct 2004 p. 4311;
15 Dec 2006 p. 5630-1; amended by Act No. 9 of 2003
s. 48.]
[Heading deleted in Gazette 12 Aug 2003 p. 3663.]