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.