Northern Territory Consolidated Acts

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VOLATILE SUBSTANCE ABUSE PREVENTION ACT - SECT 4

Definitions

In this Act:

"Aboriginal health worker" means a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of Aboriginal health work.

"abuse", of a volatile substance, means the misuse of the substance by deliberately inhaling it to become intoxicated.

"adult" means a person who is 18 or more years of age.

"applicant", in relation to an application made under section 36(1) or 37(1) means the Chief Health Officer or a person to whom the Chief Health Officer has delegated the power to make the application.

"application", for:

        (a)     Part 3, Division 3 – means an application made under section 36(1) or 37(1); or

        (b)     Part 4 – see section 42(1).

"apprehended person" means a person apprehended under Part 2, Division 3.

"area", for Part 4, see section 42(1).

"assessment", see section 34(6).

"assessment applicant" means a person who has made an assessment application.

"assessment application" means an application made under section 33.

"assessment report" means a report mentioned in section 34(1)(c).

"assessor" means a person appointed to be an assessor under section 31(1).

"authorised officer" means a person appointed to be an authorised officer under section 66 or a police officer.

"authorised person" means a person appointed under section 60.

"Chief Executive Officer" means the Chief Executive Officer of the Agency administering this Act.

"Chief Health Officer" means the person holding or occupying the office of Chief Health Officer under section 5 of the Public Health Act .

"child" means a person who is less than 18 years of age.

"community council", for Part 4, see section 42(1).

"contravene" includes fail to comply with.

"council area", for Part 4, see section 42(1).

"Court" means the Local Court.

"employee" means an employee within the meaning of the Public Sector Employment and Management Act .

"health practitioner" means a medical practitioner, nurse or Aboriginal health worker, and in Part 3, includes a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student).

"informer", for Part 5, Division 2, see section 54.

"inhalant" means an item used to inhale a volatile substance.

"management area" means an area of land declared to be a management area under Part 4.

"management plan" means a management plan in force under Part 4.

"nurse" means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student).

"offence", for Part 5, Division 2, see section 54.

"person at risk", in relation to an application or order under Part 3, Division 3, means the person to whom the application or order relates.

"place of safety", for Part 2, Division 3, see section 16.

"police officer" means a member of the Police Force.

"possession", of a volatile substance or inhalant, includes having control of the volatile substance or inhalant.

"resident", for Part 4, see section 42(1).

"responsible adult", for:

        (a)     Part 2, Division 3 – see section 16; or

        (b)     Part 3 – means a parent or guardian of a child at risk of severe harm, or reasonably believed to be at risk of severe harm, or a person who has custody of such a child.

"responsible officer", for Part 2, Division 4, see section 23.

"right or interest in land", for Part 4, see section 42(1).

"risk", posed by an apprehended person, means a risk to the health or safety of the apprehended person or other persons.

"senior officer", for Part 2, Division 4, see section 23.

"severe harm", in relation to a person, means any of the following resulting from abuse of a volatile substance:

        (a)     physical harm;

        (b)     neurological harm;

        (c)     significant deterioration of or damage to the person's mental condition.

"supply" includes the following:

        (a)     give, distribute, sell, administer or transport, whether or not for fee, reward or consideration or in expectation of fee, reward or consideration;

        (b)     barter or exchange;

        (c)     have or keep in possession for supply;

        (d)     offering to do an act referred to in paragraph (a) or (b);

        (e)     doing or offering to do an act preparatory to, in furtherance of, or in connection with, an act referred to in paragraph (a) or (b).

"treatment order", see section 41(1).

"treatment program", see section 31A(1).

"treatment warrant", see section 41B(2).

"volatile substance" means:

        (a)     plastic solvent, adhesive cement, cleaning agent, glue, nail polish remover, lighter fluid, petrol or any other volatile product derived from petroleum, paint thinner, lacquer thinner, aerosol propellant or anaesthetic gas; or

        (b)     a substance declared under section 5 to be a volatile substance.



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