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STATUTE LAW REVISION ACT 2005 (NO 44 OF 2005) - SCHEDULE 2

STATUTE LAW REVISION ACT 2005 (NO 44 OF 2005) - SCHEDULE 2

SCHEDULE 2

AMENDMENT OF LAWS CONSEQUENT ON ENACTMENT OF HEALTH PRACTITIONERS ACT

PART 1 – AMENDMENT OF ACTS

Provision	Amendment
	omit	substitute
*Adult Guardianship Act*
Section 21(2)	person registered pursuant to the Dental Act	person who has a right of practice under the Health Practitioners Act in the category of health care practice of dentistry
Section 21(3)	medical practitioner or person registered pursuant to the Dental Act	person
*Births, Deaths and Marriages Registration Act*
Section 4 – definition of "doctor"	the whole definition	"doctor" means a medical practitioner;
Section 37(3)(a)	Registrar, within the meaning of the Medical Act	Registrar of the Medical Board of the Northern Territory, established under the Health Practitioners Act
Section 37(3)(b)	Chairman of the Board, within the meaning of the Pharmacy Act	Registrar of the Pharmacy Board of the Northern Territory, established under the Health Practitioners Act

Cemeteries Act

– definition of "legally qualified medical practitioner"

the whole definition

"legally qualified medical practitioner" means –

(a) a medical practitioner; or

(b) a medical practitioner who has a right of practice under a law of a State or another Territory;

*Education Act*
Section 25(3)	the whole subsection	(3) In this section – "medical practitioner" includes a medical practitioner who has a right of practice under a law of a State or another Territory.
Section 67(3)	, nurse, dentist or dental therapist	or a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of nursing or dentistry
Section 72	, nurse, dentist, dental specialist or dental therapist within the meaning of the Dental Act	or a health practitioner who has a right of practice under the Health Practitioners Act in the category of health care practice of nursing or dentistry

*Evidence Act*
Section 56F(b)	registered nurse within the meaning of the Nursing Act	registered nurse who has a right of practice under the Health Practitioners Act

*Firearms Act*
Section 101(1)	A medical practitioner, nurse, professional counsellor, psychologist, psychiatrist or social worker	A health practitioner within the meaning of the Health Practitioners Act or a professional counsellor or social worker
Section 101(2)	Where a medical practitioner, nurse, professional counsellor, psychologist, psychiatrist or social worker	If a person
*Human Tissue Transplant Act*
Section 4(1) – definition of "medical practitioner"	the whole definition
Section 16(2)(a)(iii)	the whole subparagraph	(iii) to a registered or enrolled nurse within the meaning of the Health Practitioners Act ; or
*Interpretation Act*
Section 34B	is entitled to practise medicine by, under or for the purposes of the Medical Act	has a right of practice under the Health Practitioners Act

*Juries Act*
Schedule 7	a practising dentist or dental specialist registered under the Dental Act	a dentist or dental specialist who has a right of practice under the Health Practitioners Act
*Liquor Act*
Section 5(1)(b)	legally qualified medical practitioner or pharmaceutical chemist registered in accordance with the laws of the Territory	medical practitioner or pharmacist who has a right of practice under the Health Practitioners Act
*Marine Act*
Section 7(1) – definition of "medical practitioner"	the whole definition
*Meat Industries Act*
Section 58(2)(b)(i)	registered nurse within the meaning of the Nursing Act	registered nurse who has a right of practice under the Health Practitioners Act
*Medical Services Act*
Section 5 – definition of "dentist" – definition of "private nurse"	the whole definition a nurse within the meaning of the Nursing Act	"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act ; a registered or enrolled nurse who has a right of practice under the Health Practitioners Act

*Mental Health and Related Services Act*
Section 4 – definition of "Aboriginal health worker"	the whole definition	"Aboriginal health worker" means an Aboriginal health worker who has a right of practice under the Health Practitioners Act ;
– definitions of "psychologist" and "registered nurse"	the whole definition	"psychologist" means a psychologist who has a right of practice under the Health Practitioners Act ; "registered nurse" means a registered nurse who has a right of practice under the Health Practitioners Act ;
Section 23(3)(a)	occupational therapist	occupational therapist who has a right of practice under the Health Practitioners Act
Section 51(2)(e)	the whole paragraph	(e) an occupational therapist who has a right of practice under the Health Practitioners Act ; or
Section 66(8)	unprofessional conduct for the purposes of section 38(1) of the Medical Act	professional misconduct for section 56(1)(e) of the Health Practitioners Act

Misuse of Drugs Act

– definition of "dentist"

– definitions of "optometrist" and "pharmacist"

the whole definition

the whole definition

"dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act ;

"optometrist" means an optometrist who has a right of practice under the Health Practitioners Act ;

"pharmacist" means a pharmacist who has a right of practice under the Health Practitioners Act ;

*Motor Vehicles Act*
Section 11(1)(a)	the whole paragraph	(a) "registered person" means a medical practitioner or an occupational therapist, optometrist or physiotherapist who has a right of practice under the Health Practitioners Act ; and
*Parole of Prisoners Act*
Section 3B(1)(d)	the whole paragraph	(d) a medical practitioner or a psychologist who has a right of practice under the Health Practitioners Act ;
*Police Administration Act*
Section 83(1)(a)	the whole paragraph	(a) health practitioners who have a right to practice under the Health Practitioners Act ; or
Section 83(2)	medical practitioner, dentist	health practitioner
Section 88(2)	medical practitioners, dentists within the meaning of the Dental Act or persons registered under the Health Practitioners and Allied Professionals Registration Act	health practitioners who have a right to practice under the Health Practitioners Act
Section 88(3)	medical practitioner, dentist or other person registered as	health practitioner
Section 91(2)	medical practitioners, dentists within the meaning of the Dental Act or persons registered under the Health Practitioners and Allied Professionals Registration Act	health practitioners who have a right to practice under the Health Practitioners Act
Section 91(3)	medical practitioner, dentist or other person registered as	health practitioner

Section 132(1) – definition of "health practitioner"	the whole definition	"health practitioner" means a person who – (a) is a medical practitioner, registered or enrolled nurse or Aboriginal health worker who has a right of practice under the Health Practitioners Act ; and (b) is available to attend to a person held in custody;
Section 145(14)	the whole subsection	(14) In this section – "registered dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act .
*Prisons (Correctional Services) Act*
Section 95A(4)	registered under the Nursing Act	a registered nurse who has a right of practice under the Health Practitioners Act
*Private Hospitals and Nursing Homes Act*
Section 4 – definition of "matron"	the whole definition	"matron" means a registered nurse who – (a) has a right of practice under the Health Practitioners Act ; and (b) is in charge of nursing services in a nursing institution;
Section 20(d)	the whole paragraph	(d) ensure a registered nurse who has a right of practice under the Health Practitioners Act is on duty at all times;
Section 26(1)(j)(i)	this Act, the Medical Act , the Nursing Act or the Pharmacy Act	this Act or the Health Practitioners Act or an Act repealed by that Act
*Public Health Act*
Sections 5(1)(b) and 6(1)	Medical Act	Health Practitioners Act
*Public Sector Employment and Management Act*
Section 3(1) – definition of "medical practitioner"	the whole definition	"medical practitioner" includes a medical practitioner who has a right of practice under a law of a State or another Territory;
*Radiographers Act*
Section 4(4)	Medical Act	Health Practitioners Act
*Work Health Act*
Section 49(1) – definition of "medical, surgical and rehabilitation treatment", paragraphs (a)(i) and (ii) and (f)	registered	who has a right of practice

– definition of "medical practitioner"	the whole definition	"medical practitioner" includes a medical practitioner who has a right of practice under a law of a State or another Territory;
– definition of "nursing service"	registered nurse	registered nurse who has a right of practice under the Health Practitioners Act
Section 73(e)	registered or enrolled nurse	registered or enrolled nurse who has a right of practice under the Health Practitioners Act

PART 2 – AMENDMENT OF REGULATIONS

Provision	Amendment
	omit	substitute
*Associations Regulations*
Schedule 1 – Note, paragraphs (b) to (g)	the whole paragraph	(b) the Health Practitioners Act ; (c) the Licensed Surveyors Act ; (d) the Radiographers Act .
*Classification of Publications, Films and Computer Games Regulations*
Regulation 7	the business of a pharmacist conducted by a registered pharmacist within the meaning of the Pharmacy Act	a pharmacy business within the meaning of Schedule 8, clause 1 of the Health Practitioners Act
*Health and Community Services Complaints Regulations*
Schedule 1	Aboriginal Health Workers Registration Board Chiropractors and Osteopaths Registration Board Dental Board of the Northern Territory Medical Board of the Northern Territory	Aboriginal Health Workers Board of the Northern Territory Chiropractors and Osteopaths Board of the Northern Territory Dental Board of the Northern Territory Medical Board of the Northern Territory

	Nursing Board of the Northern Territory Occupational Therapists Registration Board Optometrists Board Pharmacy Board Physiotherapists Registration Board Psychologists Registration Board	Nursing and Midwifery Board of the Northern Territory Occupational Therapists Board of the Northern Territory Optometrists Board of the Northern Territory Pharmacy Board of the Northern Territory Physiotherapists Board of the Northern Territory Psychologists Board of the Northern Territory
Schedule 2 – Part 1, item 9(c)	the whole paragraph	(c) a dental hygienist, dental therapist or dental prosthetist who has a right of practice under the Health Practitioners Act .
*Northern Territory Rail Safety Regulations*
Regulation 31 – definition of "registered nurse"	the whole definition	"registered nurse" means a registered nurse who has a right of practice under the Health Practitioners Act ;
*Poisons and Dangerous Drugs Regulations*
Regulation 11(1)(c)	registered	who has a right of practice

*Prisons (Correctional Services) (Home Detention Orders) Regulations*
Regulation 4(1)(c)(ii) and (2)(b)	dentist or dental specialist registered, or an Aboriginal health worker entitled to practise dentistry, under the Dental Act	dentist, dental specialist or Aboriginal health worker who has a right of practice under the Health Practitioners Act
*Public Health (Cervical Cytology Register) Regulations*
Regulation 2 – definition of "health practitioner"	the whole definition	"health practitioner" means a medical practitioner, registered or enrolled nurse or Aboriginal health worker who has a right of practice under the Health Practitioners Act ;
*Public Health (Medical and Dental Inspection of School Children) Regulations*
Regulation 2 – definitions of "dental therapist" and "dentist"	the whole definition	"dental therapist" means a dental therapist who has a right of practice under the Health Practitioners Act ; "dentist" means a dentist or dental specialist who has a right of practice under the Health Practitioners Act ;

		"nurse" means a registered or enrolled nurse who has a right of practice under the Health Practitioners Act ;
*Veterinarian Regulations*
Regulation 7(1)(a)	the whole paragraph	(a) the treatment of an animal by a person who has a right of practice under the Health Practitioners Act in the category of health care practice of medicine, dentistry, chiropractic or physiotherapy if –
		(i) a registered veterinarian has examined the animal before the treatment is undertaken; and (ii) the treatment is carried out under the direct supervision of the veterinarian;

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