Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Act, unless the contrary intention appears:
"advertisement", in relation to therapeutic goods or cosmetics, means an advertisement that is published for the purpose of promoting, whether directly or indirectly, the sale or use of those therapeutic goods or cosmetics.
"analysis", in relation to therapeutic goods or cosmetics, means a bacteriological, biochemical, biological, chemical, electrical, electrochemical, microscopical, pathological, physical or other examination or test for ascertaining the presence or absence of a substance or organism or the composition or other qualities of those therapeutic goods or cosmetics.
"analyst" means a person appointed under section 12(1) to be an analyst.
"appliance" includes:
(a) an instrument, apparatus, contrivance or device; and
(b) a component, part or accessory of an instrument, apparatus, contrivance or device,
that is sold, or is represented as suitable, for therapeutic use or cosmetic use.
"approved" means approved by the Minister.
"article of food" means a substance of a kind ordinarily consumed or intended to be consumed by man as food, and includes:
(a) drink;
(b) chewing gum;
(c) an ingredient, food additive or other substance that is ordinarily used for or in connection with the composition or preparation of food; and
(d) a substance declared under section 6(a)(v) to be food for the purposes of this Act.
"certificate of analysis", in relation to therapeutic goods or cosmetics, means a certificate prepared under section 15(1) setting out the result of an analysis by an analyst of those goods or cosmetics.
"certificate of appointment", in relation to an inspector, means the certificate furnished under section 9(5) to him by the Minister in respect of his appointment as an inspector.
"certificate of examination", in relation to therapeutic goods or cosmetics, means a certificate prepared under section 15(2) setting out the result of an examination under section 10(2)(d) or (e) of those goods or cosmetics.
"Commonwealth Act" means the Therapeutic Goods Act 1966 of the Commonwealth.
"contained", in relation to therapeutic goods or cosmetics, includes enclosed and kept.
"container", in relation to therapeutic goods or cosmetics, means a vessel, bottle, tube, tin, box, case, wrapper, cover, envelope or other receptacle that immediately contains those goods or cosmetics.
"cosmetics" means goods that are, or are included in, a class of goods:
(a) the use or principal use of which is, or ordinarily is, a cosmetic use;
(b) represented to be, or that might reasonably be taken to be, for cosmetic use; or
(c) used, or designed for use, or intended to be used as a component of goods to which paragraph (a) or (b) relates,
and includes a substance the subject of a notice under section 6(a)(iii), but does not include:
(d) therapeutic goods; or
(e) a substance the subject of a notice under section 6(a)(iv).
"court" means court of summary jurisdiction.
"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act .
"expiry date", in relation to therapeutic goods or cosmetics, means a day after which those goods or cosmetics may be expected to cease to conform to a standard applicable to them.
"goods for veterinary use only" means goods that:
(a) bear particulars on their container that constitute, or might reasonably be taken for, a statement that the goods are intended for veterinary use and are not intended for human use; or
(b) are otherwise represented, whether by writing or otherwise, or otherwise purport, to be intended for veterinary use and not for human use.
"hawk", in relation to therapeutic goods, means:
(a) sell or supply those goods, or distribute those goods free or as samples, in a public street or from place to place;
(b) peddle those goods; or
(c) go from place to place, whether by appointment or otherwise, selling, supplying or distributing those goods, whether free or as samples.
"inspector" means a person appointed under section 9(1) to be an inspector for the purposes of this Act, and includes an officer under an arrangement referred to in section 9(2) and a member of the Police Force within the meaning of the Police Administration Act .
"label" includes a tag, brand, mark and statement in writing on or attached to, or used in connection with, a container or package containing therapeutic goods or cosmetics.
"licence" means a licence granted under section 17(1)(a), and includes a renewal of such a licence.
"nurse" means a registered nurse who has a right of practice under the Health Practitioners Act .
"package", in relation to therapeutic goods or cosmetics, includes a means by which those goods or cosmetics may, for transport, carriage or sale, be wholly or partly cased, covered, enclosed, contained or packaged.
"permit" means a permit granted under section 18(3)(a), and includes a renewal of such a permit.
"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act .
"private hospital", see section 4A of the Private Hospitals Act.
"public institution" means:
(a) a hospital as defined in section 5 of the Medical Services Act ; or
(b) a private hospital declared under section 7 to be a public institution.
"publish" means to bring to the notice of the public or a section of the public by any means.
"seized goods" means goods seized under section 10(2)(g).
"sell" means sell, whether by wholesale or retail, and includes:
(a) offer or expose for sale;
(b) keep or have in possession for sale; and
(c) sell for or in expectation of a reward or benefit paid or provided, or to be paid or provided, by the person supplied or another person, whether or not any person was or is under an obligation to pay or provide a reward or benefit.
"standard", in relation to therapeutic goods or cosmetics, means a prescribed standard applicable to or in relation to those goods or cosmetics.
"substance" includes a preparation, admixture, salt or derivative of a substance.
"supply" includes offer or agree to supply.
"Territory authority" means a person or body of persons constituted, established or appointed under an Act, or in the exercise of the prerogative rights of the Crown, to administer or control a department, business, undertaking or institution on behalf of the Territory.
"therapeutic appliance" means an appliance that is:
(a) included in a class of appliances the sole or principal use of which is, or ordinarily is, a therapeutic use;
(b) represented to be, or might reasonably be taken to be, for therapeutic use;
(c) included in a class of appliances the sole or principal use of which is, or ordinarily is, a use for the purpose of or in connection with measuring or weighing therapeutic goods by the person using or administering those goods; or
(d) represented to be, or might reasonably be taken to be, for a use of the kind referred to in paragraph (c),
and includes an appliance the subject of a notice under section 6(b)(i), but does not include an appliance the subject of a notice under section 6(b)(ii).
"therapeutic goods" means a therapeutic substance or therapeutic appliance.
"therapeutic substance" means a substance that is:
(a) included in a class of substances the sole or principal use of which is, or ordinarily is, a therapeutic use;
(b) represented to be, or might reasonably be taken to be, for therapeutic use;
(c) represented to be, or might reasonably be taken to be, for use as an ingredient, or the sole ingredient, in the manufacture of a substance referred to in paragraph (a) or (b), whether or not the substance that is so represented or might reasonably be so taken is to be itself the subject of manufacture or of further manufacture; or
(d) included in a class of substances the sole or principal use of which is, or ordinarily is, a use of the kind referred to in paragraph (c),
and includes:
(e) a gelatin capsule or other substance enclosing a substance referred to in paragraph (a), (b), (c) or (d), where the capsule or other substance is intended to be consumed or otherwise administered together with the substance so referred to; and
(f) a substance the subject of a notice under section 6(a)(i),
but does not include:
(g) an article of food; or
(h) a substance the subject of a notice under section 6(a)(ii).
"therapeutic use" means a use for the purpose of or in connection with:
(a) preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in;
(b) influencing, inhibiting or modifying a physiological process in;
(c) testing the susceptibility to a disease or ailment of; or
(d) destroying or inhibiting micro-organisms that may be harmful to,
man or animals.
"vending machine" means a machine or mechanical device that is used or capable of being used for the purpose of selling or supplying goods without the personal manipulation or attention of the seller or supplier or his employee or other agent at the time of the sale or supply.
"veterinarian" means a registered veterinarian within the meaning of the Veterinarians Act .
"wholesale dealing":
(a) means the sale or supply by a wholesale dealer in the ordinary course of his business to persons authorized by or under the Poisons and Dangerous Drugs Act to be in possession of or to sell therapeutic goods or a class of therapeutic goods; and
(b) includes the sale or supply to other persons in wholesale quantities in the ordinary course of that business for use in a public institution or in connection with a prescribed profession, business, trade or industry carried on by a person who requires therapeutic goods or a class of therapeutic goods for use, but not for resale, in connection with his profession, business, trade or industry.
(2) For the purposes of this Act, a substance or appliance shall be deemed to be represented:
(a) as suitable for therapeutic use or cosmetic use where it is, whether by reason of the way in which it is put up or for any other reason, likely to be taken to be for therapeutic use or cosmetic use; and
(b) to consist, either in whole or in part, of a particular substance or appliance where:
(i) the substance or appliance bears a name or description that is:
(A) or is likely to be taken for, a description; or
(B) likely to cause the substance or appliance to be taken to consist, in whole or in part,
of the substance or appliance;
(ii) the Minister is informed, in pursuance of a notice served under section 61, that the substance or appliance consists, in whole or in part, of the substance or appliance; or
(iii) the substance or appliance is otherwise represented by writing or otherwise, or otherwise purports, to consist in whole or in part of the substance or appliance.
(3) For the purposes of subsection (2), a substance or appliance shall be deemed to bear a name or description where the name or description, as the case may be, is set out on the substance or appliance or:
(a) a container or package containing;
(b) a label affixed or attached to; or
(c) a label affixed or attached to, or inserted in, a container or package containing,
(4) For the purposes of the definition of goods for veterinary use only in subsection (1), goods are deemed to bear particulars where those particulars are set out on:
(a) those goods or a part of those goods;
(b) a container or package in which those goods are, or a part of those goods is, contained;
(c) a label attached to those goods or a part of those goods; or
(d) a label attached to or inserted in a container or package in which those goods are, or a part of those goods is, contained.