(1)  In this Act, unless the contrary intention appears –

administration order means an order of the Tribunal appointing a person as an administrator of the estate of a person;

administrator means any person appointed as administrator in an administration order;

advance care directive means an advance care directive under Part 5A that is in force;

appointor , in relation to an enduring guardian, means the person who appointed the enduring guardian to be the person's enduring guardian;

contravene includes failure to comply with;

determination includes decision and order;

disability means any restriction or lack (resulting from any absence, loss or abnormality of mental, psychological, physiological or anatomical structure or function) of ability to perform an activity in a normal manner;

enduring guardian means a person appointed as an enduring guardian under Part 5 ;

function includes duty and power;

government department means a Government department within the meaning of the State Service Act 2000 ;

guardian means a person named as a guardian in a guardianship order or as an enduring guardian in an instrument of appointment as such;

guardianship order means an order of the Tribunal appointing a person as guardian;

Guardianship stream proceedings means proceedings of the Tribunal under an Act in relation to which the functions and powers of the Tribunal are allocated, under the Tasmanian Civil and Administrative Tribunal Act 2020 , to the Guardianship stream of the Tribunal established under that Act;

impaired decision making ability  – see section 35D ;

information means information however stored or transmitted;

intimate forensic procedure means –

(a) an external examination of the genital or anal area, the buttocks or, in the case of a female, the breasts; and

(b) an internal examination of a body cavity other than the mouth; and

(c) the taking of a sample of pubic hair; and

(d) the taking of a sample by swab or washing from the external genital or anal area, the buttocks or, in the case of a female, the breasts; and

(e) the taking of a sample by vacuum suction, by scraping or by lifting by tape from the external genital or anal area, the buttocks or, in the case of a female, the breasts; and

(f) the taking of a sample by swab or washing from a body cavity other than the mouth; and

(g) the taking of an X-ray of a part of the body; and

(h) the taking of a dental impression; and

(i) the taking of a photograph of, or an impression or cast from, the external genital or anal area, the buttocks or, in the case of a female, the breasts; and

(j) any other procedure prescribed by the Forensic Procedures Regulations 2010 as an intimate forensic procedure;

medical or dental treatment or treatment means –

(a) medical treatment (including any medical or surgical procedure, operation or examination and any prophylactic, palliative or rehabilitative care) normally carried out by, or under, the supervision of a medical practitioner; or

(b) dental treatment (including any dental procedure, operation or examination) normally carried out by or under the supervision of a dentist; or

(ba) an intimate forensic procedure and a non-intimate forensic procedure normally carried out by a person authorised to carry out the procedure under section 40 of the Forensic Procedures Act 2000 ; or

(c) any other act declared by the regulations to be medical or dental treatment for the purposes of this Act –

but does not include –

(d) any non-intrusive examination made for diagnostic purposes (including a visual examination of the mouth, throat, nasal cavity, eyes or ears); or

(e) first-aid medical or dental treatment; or

(f) the administration of a pharmaceutical drug for the purpose, and in accordance with the dosage level, recommended in the manufacturer's instructions (if the drug is one for which a prescription is not required and which is normally self-administered); or

(g) any other kind of treatment that is declared by the regulations not to be medical or dental treatment for the purposes of this Act;

non-intimate forensic procedure means –

(a) the taking of a sample of blood; and

(b) the taking of a sample of saliva; and

(c) the taking of a sample by buccal swab; and

(d) an external examination of a part of the body, other than the external genital or anal area, the buttocks or, in the case of a female, the breasts, that requires the touching of the body or the removal of clothing; and

(e) an internal examination of the mouth; and

(f) the taking of a sample of hair other than pubic hair; and

(g) the taking of a sample from a nail or under a nail; and

(h) the taking of a sample by swab or washing from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts; and

(i) the taking of a sample by vacuum suction, by scraping or by lifting by tape from any external part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts; and

(j) the taking of a handprint, fingerprint, footprint or toeprint; and

(k) the taking of a photograph of a person or an external part of a person other than the external genital or anal area, the buttocks or, in the case of a female, the breasts; and

(l) the taking of an impression or cast from a part of the body other than the genital or anal area, the buttocks or, in the case of a female, the breasts; and

(m) any other procedure prescribed by the Forensic Procedures Regulations 2010 as a non-intimate forensic procedure –

but does not include an intrusion into any body cavity of a person other than the mouth;

non-regenerative tissue means tissue that, after injury or removal, is not replaced in the body of a living person by natural processes of growth or repair;

parent means a person who has parental responsibility and includes a guardian and a person acting in loco parentis ;

person responsible has the meaning given by section 4 ;

President has the same meaning as in the Tasmanian Civil and Administrative Tribunal Act 2020 ;

Public Guardian means the person appointed as the Public Guardian under section 14 ;

registered practitioner means a person who is a medical practitioner or a person registered under the Health Practitioner Regulation National Law (Tasmania) in the dental profession as a dentist;

registrar means the Registrar, within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020 ;

regulations means regulations made and in force under this Act;

represented person means a person –

(a) in respect of whom –

(i) a guardianship order is in force; or

(ii) an administration order is in force; or

(iii) both a guardianship order and an administration order are in force; or

(b) who appoints an enduring guardian and who, by reason of disability, becomes unable to make reasonable judgments in relation to his or her personal circumstances;

service provider includes a financial institution or person with whom a proposed represented person has deposited money or on whose account money has been deposited;

special treatment means –

(a) any treatment that is intended, or is reasonably likely, to have the effect of rendering permanently infertile the person on whom it is carried out; or

(b) termination of pregnancy; or

(c) any removal of non-regenerative tissue for the purposes of transplantation; or

(d) any other medical or dental treatment that is declared by the regulations to be special treatment for the purposes of Part 6 ;

spouse , in relation to a person, includes the person who is in a significant relationship, within the meaning of the Relationships Act 2003 , with that person;

State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the Royal Prerogative, where the body or authority or its governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another such body or authority;

tissue includes an organ or part of a human body or substance extracted from, or from a part of, the human body;

Tribunal means the Tasmanian Civil and Administrative Tribunal.

(2)  Where 2 or more guardians of a person have been appointed under section 20 (6) , references to a guardian in this Act are taken as references to the guardian exercising the relevant function.

(3)  In this Act, a reference to an enduring guardian making or entering into a transaction is to be taken to be a reference to the enduring guardian making a decision, taking an action, giving a consent or doing an act.