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POISONS AND THERAPEUTIC GOODS ACT 1966 - SECT 4
Interpretation
4 Interpretation
(1) In this Act, unless the context or subject matter otherwise indicates or
requires--
"Advisory Committee" means the Poisons Advisory Committee constituted by
section 6.
"Analyst" means an analyst appointed or taken to be appointed under
section 37A.
"Animal" means any animal (other than a human being), whether vertebrate or
invertebrate, and includes but is not limited to-- (a) mammals, birds, bees,
reptiles, amphibians, fish, crustaceans and molluscs, and
(b) the semen, ova
or embryo of an animal (other than a human being) or any other substance or
thing directly relevant to the reproduction of an animal (other than a human
being).
"Applied provisions" means the Commonwealth therapeutic goods laws that apply
as a law of New South Wales because of section 31.
"Authority" means an authority issued and in force for the purposes of this
Act or the regulations.
"Automatic machine" means any machine or mechanical device used or capable of
being used for the purpose of supplying goods without the personal
manipulation or attention of the supplier or the supplier's employee or other
agent at the time of supply.
"Commonwealth Act" means the Therapeutic Goods Act 1989 of the Commonwealth.
"Commonwealth administrative laws" means the following Acts and regulations of
the Commonwealth-- (a) the Administrative Appeals Tribunal Act 1975 ,
(c)
the Freedom of Information Act 1982 ,
(d) the Ombudsman Act 1976 ,
(e) the
Privacy Act 1988 ,
(f) the regulations in force under any of those Acts.
"Commonwealth Department" means the Department of Human Services and Health or
such other Department of the Commonwealth as is the relevant Department for
the purposes of the Commonwealth therapeutic goods laws.
"Commonwealth Minister" means the Minister responsible for administering the
Commonwealth therapeutic goods laws.
"Commonwealth Secretary" means the Secretary of the Commonwealth Department.
"Commonwealth therapeutic goods laws" means-- (a) the Therapeutic Goods Act
1989 of the Commonwealth, and
(b) all regulations, orders and manufacturing
principles in force under that Act.
"Container" , when used in relation to any substance, material, body or thing
referred to in this Act, means any vessel, bottle, tube, capsule, tin, box,
case, wrapper, cover or other like receptacle or envelope which immediately
contains such substance, material, body or thing.
"Drug of addiction" means any substance specified in Schedule Eight of the
Poisons List.
"Label" includes any tag, brand, mark or statement in writing on or attached
to or used in connection with any container or package containing any poison,
restricted substance or drug of addiction.
"Licence" means a licence issued and in force for the purposes of this Act or
the regulations.
"Listed goods" has the same meaning as in the Commonwealth Act.
"Manufacturer's licence" means a licence in force under Part 4 of the
Commonwealth Act.
"Medical Committee" means the Medical Committee constituted under section 30.
"Package" , when used in relation to any substance, material, body or thing
referred to in this Act, includes every means by which such substance,
material, body or thing may, for transport or for carriage or for storage or
for supply, be cased, covered, enclosed, contained or packed.
"Poison" means any substance specified in Schedule One, Schedule Two, Schedule
Three, Schedule Five, Schedule Six, or Schedule Seven of the Poisons List.
"Poisons List" means the list proclaimed under section 8 as in force for the
time being.
"Premises" includes any structure, building, aircraft, vehicle, vessel or
place (whether built upon or not), and any part thereof.
"Prescribed" means prescribed by this Act or by the regulations.
"Public institution" means-- (a) any Public Service agency, public hospital,
or university within New South Wales, or
(b) any other institution or
establishment which the Governor by order published in the Gazette declares to
be a public institution for the purposes of this Act.
"Registered goods" has the same meaning as in the Commonwealth Act.
"Regulated goods" means-- (a) any substance of a kind specified in a Schedule
of the Poisons List, or
(b) therapeutic goods that are not a substance so
specified.
"Regulations" means regulations made under this Act.
"Representation" means a verbal representation, a written representation or
representation by conduct.
"Restricted substance" means any substance specified in Schedule Four of the
Poisons List.
"Schedule 9 substance" means any substance specified in Schedule 9 of the
Poisons List.
"Secretary" means the Secretary of the Ministry of Health.
"Sell" includes sell whether by wholesale or retail and barter and exchange,
and also includes dealing in, agreeing to sell, or offering or exposing for
sale, or keeping or having in possession for sale, or sending, forwarding,
delivering or receiving for sale or on sale, or authorising, directing,
causing, suffering, permitting or attempting any of such acts or things.
"Substance" includes preparation or admixture and all salts and derivatives of
any substance.
"Supply" includes-- (a) sell, dispense and distribute, and
(b) supply,
whether free of charge or otherwise, by way of sample or advertisement, and
(c) supply, whether free of charge or otherwise, in the course of testing for
safety or efficacy on persons or animals, and
(d) agree or offer to sell or
distribute, and
(e) keep or have in possession for sale, dispensing or
distribution, and
(f) send, forward, deliver or receive for sale, dispensing
or distribution, and
(g) authorise, direct, cause, suffer, permit or attempt
any act mentioned in paragraphs (a)-(f).
"Supply by wholesale" , in relation to a substance or goods, means-- (a)
supply of the substance or goods for the purposes of resupply, or
(b) supply
of an ingredient for the purposes of incorporation in the substance or goods,
and includes supply of the substance or goods in wholesale quantities-- (c)
for use in a public institution, or
(d) to persons who are authorised by the
regulations to be supplied with wholesale quantities of the substance or
goods.
"Therapeutic device" and
"Therapeutic goods" have the same meanings as in the Commonwealth Act.
"Therapeutic use" has the same meaning as in the Commonwealth Act.
"Veterinary practitioner" has the same meaning as in the Veterinary Practice
Act 2003 . Note : The Interpretation Act 1987 contains definitions and other
provisions that affect the interpretation and application of this Act.
(2)
For the purposes of the Poisons List, a substance may be described-- (a) by
reference to any 1 or more of the following-- (i) the common or scientific
name of the substance,
(ii) any class of substances,
(iii) the composition
of the substance,
(iv) the purpose for which the substance may be used,
(v)
the manner in which the substance is packed, or
(vi) such other factor or
circumstance as may be specified in relation to the substance in the
Poisons List or in any such proclamation,
(b) in any other manner so
specified.
(3) Nothing in this Act precludes a substance from being both--
(a) a poison, restricted substance or drug of addiction, and
(b)
therapeutic goods.
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