Nitrous oxide

Nitrous oxide is a colourless, odourless gas that is used in combination with oxygen in medical and dental settings for anaesthesia, as a propellant for whipped cream and in the automotive industry to enhance engine performance.

Recreational use and abuse of nitrous oxide poses significant health risks including permanent brain and spinal cord damage.

New regulations

The government has amended the Medicines and Poisons Regulations 2016 to restrict access to nitrous oxide.

Under the new regulations, nitrous oxide products up to 10 grams are only accessible to:

  • registered food businesses
  • selected businesses with a liquor licence
  • schools and other educational institutions
  • cooking school businesses.

These are known as approved recipients.

How are nitrous oxide products regulated in Western Australia?

Nitrous oxide is a restricted substance under medicines and poisons laws. The Western Australian Medicines and Poisons Act 2014 references the schedules from the national Poisons Standard (external site). The Western Australia Medicines and Poisons Regulations 2016 sit under the Medicines and Poisons Act 2014 and provide specific rules for compliance.

For medical use, nitrous oxide is a Schedule 4 (prescription only) medicine. Possession, prescription and supply is limited to certain health practitioners and authorised persons only.

Since October 2022, nitrous oxide products for non-therapeutic use have been listed as a Schedule 6 poison in the national Poisons Standard (external site). This means manufacturers must follow packaging and labelling rules and apply mandatory warnings. It also means the purchaser must be aged 16 years or older.

Compliance and penalties

The Department of Health will be inspecting suppliers of nitrous oxide as part of routine public health regulation compliance and enforcement programs. Suppliers that do not comply with the restrictions risk possible penalties or prosecution.

Penalties

Although there are no penalties for possessing nitrous oxide, purchasers who then on-supply it must adhere to the same requirements as suppliers.

Penalites include:

  • court issued fines up to $30,000
    OR
  • on the spot infringements up to $6000 for the sale of nitrous oxide to someone who is not approved.

Any breaches will result in the same penalties that apply to suppliers.

There are also penalties for using fraudulent behaviour to obtain poisons, such as providing a supplier with false or misleading information.

Reporting non-compliance

Individuals and businesses that are supplying outside the restrictions may face potential prosecution and significant penalties.

If you have a concern regarding non-compliance of a supplier please report this directly to the Medicines and Poisons Regulation Branch (9222 6883 or MPRB.compliance@health.wa.gov.au) or report to Crime Stoppers by phoning 1800 333 000 or online at crimestopperswa.com.au.

Resources

More information

For more information regarding the regulation of nitrous oxide products contact the Medicines and Poisons Regulation Branch at:

If someone is experiencing numbness or tingling in hands or feet when not intoxicated/under influence seek medical attention.

In an emergency call 000 or visit your local emergency department.

If you, or someone you know is affected using nitrous oxide or other substances, you can get help.

Alcohol and Drug Support Line
ph. (08) 9442 5000 (Metro) or 1800 198 024 (Country)
24 hours, 7 days a week

Live online chat service for referral, support and counselling (external site)
Monday-Friday7:30am-9:00pm
Saturday 9:00am-7:00pm
Sunday 11:00am-6:00pm

Here for You
ph. 1800here4u (1800 437 348)
7:00am-10:00pm 7 days a week
Arrange call-back support via a
call-back request form (external site)

Last reviewed: 31-10-2024
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Public Health