New South Wales Consolidated Regulations

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POISONS AND THERAPEUTIC GOODS REGULATION 2008 - REG 3

Definitions

3 Definitions

(1) In this Regulation:
"Ambulance Service of NSW" has the same meaning as it has in the Health Services Act 1997 .
"authorised practitioner" means:
(a) in Part 4 (Drugs of addiction), a medical practitioner, nurse or midwife authorised under section 17A of the Act, dentist or veterinary practitioner, and
(b) in a Part other than Part 4, a medical practitioner, nurse or midwife authorised under section 17A of the Act, podiatrist, dentist, optometrist or veterinary practitioner.
"charitable organisation" means an organisation or association that holds an authority under the Charitable Fundraising Act 1991 or that is referred to in section 7 of that Act as an organisation or association to which that Act (section 48 excepted) does not apply.
"Commonwealth Department of Health" means the Commonwealth Department of Health and Ageing.
"confer a function" includes impose a duty.
"current Poisons Standard" has the same meaning as it has in the Therapeutic Goods Act 1989 of the Commonwealth.
"dealer", in relation to a substance, means a person who supplies the substance as a manufacturer, an importer or exporter or a wholesale or retail dealer, and includes an authorised practitioner or pharmacist in his or her capacity as a supplier of the substance.
"exercise" a function includes perform a duty.
"function" includes a power, authority and duty.
"hallucinogen" means any of the following drugs of addiction:
(a) etorphine,
(b) tetrahydrocannabinol and its alkyl homologues where Schedule 8 of the Poisons List applies.
"hospital" means a public hospital, public institution, private health facility or nursing home.
"inspector" means a person authorised by the Director-General to exercise the powers conferred by section 43 of the Act.
"nursing home" has the same meaning as in the Public Health Act 1991 .
"practitioner of alternative medicine" means a herbalist, nutritionist, naturopath, practitioner of Chinese medicine or homoeopathic practitioner.
"prescribed restricted substance" -see clause 61.
"prescription reference number" means the unique reference number for the prescription recorded under clause 55 or 114.
"private health facility" means a private health facility licensed under the Private Health Facilities Act 2007 .
"public hospital" means a public hospital within the meaning of the Health Services Act 1997 .
"retail dealer", in relation to a substance, means a person who supplies the substance as a retailer, and not as a manufacturer, importer, exporter or wholesaler, and not as an authorised practitioner or pharmacist in his or her capacity as a supplier of the substance.
"retail pharmacist" means a pharmacist who is employed in a retail pharmacy.
"retail pharmacy" means premises included in the Register of Pharmacies kept under Schedule 5F of the Health Practitioner Regulation National Law (NSW) .
"scientifically qualified person" means:
(a) a medical practitioner, dentist, veterinary practitioner or pharmacist, or
(b) a person who holds a degree or diploma approved for the time being by the Director-General, or
(c) a person approved for the time being by the Director-General.
"seized goods" means regulated goods that have been seized under section 43 of the Act.
"special restricted substance" means a substance included in Appendix B to this Regulation.
"the Act" means the Poisons and Therapeutic Goods Act 1966 .
"Therapeutic Goods Order No. 80" means the order of that number called Child-Resistant Packaging Requirements for Medicines , as in force from time to time under section 10 of the Therapeutic Goods Act 1989 of the Commonwealth.
"therapeutic substances" means substances that are therapeutic goods.
"ward" of a hospital includes any theatre, laboratory or department of the hospital, other than the pharmacy department.
(2) In this Regulation:
(a) expressions that are defined in the current Poisons Standard have the meanings given to them by that Standard, and
(b) expressions that are defined in the current Poisons Standard and that are also defined in the Act or in this Regulation have the meanings given to them by the Act or this Regulation, respectively, and
(c) a reference to a Schedule 1, 2, 3, 4, 5, 6, 7 or 8 substance is a reference to a substance included in the correspondingly numbered Schedule of the Poisons List.
(3) Notes included in this Regulation do not form part of this Regulation.



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