Nitrous Oxide is classified by the Therapeutic Goods Administration (TGA) as a Schedule 6 Poison. Regulatory controls over all Schedule 6 poisons include:

• Can only be supplied to people apparently aged 16 years and older (Penalty of $30,000 fine)
• An offence to supply in circumstances where the supplier could reasonably suspect the use of the poison will be in a way that could be expected to pose a serious threat to the health, safety, and welfare of an individual or the public more broadly (Penalty of $30,000 fine)
• Provision for the issuing of a compliance notice to impose restrictions on a supplier where a restriction is considered necessary to protect the health, safety, and welfare of an individual or the public more broadly (Penalty for breaching a compliance notice is a fine of $30,000)
• Must be stored out of reach of children in the retail setting (Penalty of $45,000 fine)
• Must not be disposed of in a manner that constitutes, or is likely to constitute, a risk to public health or safety (Penalty of $45,000 fine)

In accordance with the regulatory controls over all Schedule 6 Poisons, Ezywhip will not sell or supply Nitrous Oxide to:

• Any person(s) under the age of 16 years
• Any person(s) suspected to use Nitrous Oxide in a way that could be expected to pose a serious threat to the health, safety, and welfare of an individual or the public more broadly

By purchasing from Ezywhip, the purchaser agrees to use Nitrous Oxide as intended by the manufacturer, and not in a manner that may pose a serious threat to the health, safety, and welfare of an individual or the public more broadly.

Western Australia (WA) Criminal Code Act

WA Criminal Code Act which is relevant to the supply of Nitrous Oxide in Western Australia.

206. Supplying intoxicant to person likely to abuse them

(1) In this section intoxicant means a drug, or a volatile or other substance, capable of intoxicating a person, but does not include liquor as defined in the Liquor Control Act 1988; volatile substance means a substance that produces a vapour at room temperature.

(2) A person who sells or supplies an intoxicant to another person in circumstances where the person knows, or where it is reasonable to suspect, that that or another person will use it to become intoxicated is guilty of an offence and is liable to imprisonment for 12 months and a fine of $12,000.

In accordance with the WA Criminal Code Act, Ezywhip will not sell or supply Nitrous Oxide to any person, whom we know, or suspect will use Nitrous Oxide to become intoxicated.

By purchasing from Ezywhip, the purchaser agrees to use Nitrous Oxide as intended by the manufacturer, and not use it to become intoxicated.

Nitrous Oxide Regulation in South Australia

In South Australia, the sale of Nitrous Oxide is regulated by the Controlled Substances Act (1984). The Act was updated to include regulations that impose new penalties for the sale of Nitrous Oxide for brick and mortar stores and online businesses.

Under the new Controlled Substances (Poisons) (Nitrous Oxide) Variation Regulations 2019 it is an offence to:

• Sell or supply to people under the age of 18
• Sell between the hours of 10 pm and 5 am
• Make Nitrous Oxide visible or accessible to the public in retail stores
• Fail to display a notice on the premises that details the offence of selling to under 18s

Retailers selling Nitrous Oxide must display this Sign and ensure it is visible to the public.

In accordance with the Nitrous Oxide Regulation in South Australia, Ezywhip will not sell or supply Nitrous Oxide to:

• Any person(s) under the age of 18 that resides in South Australia
• Between the hours of 10 pm and 5 am to any residents of South Australia

Orders placed from 10 pm to 5 am will only be processed or despatched between 5 am to 10 pm.