5Definitions

#### 5 Definitions 5 Definitions > > (1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires— > > > > advisory committee means the committee constituted by this Act. > > > > animal means a vertebrate animal, and includes a mammal, bird, reptile, amphibian and fish, but does not include a human being. > > > > animal display establishment means premises used for the exhibition of animals and includes a zoological park, marine park and oceanarium. > > > > approval means an approval issued under Part 3 and in force. > > > > board means the Zoological Parks Board of New South Wales. > > > > Department means Regional NSW. > > > > exhibit, in relation to an animal, means the display, or the keeping for display, of the animal for educational, cultural, scientific, entertainment or other prescribed purposes, but does not include the display, or the keeping for display, of an animal solely— > > > > > (a) in connection with the sale or intended sale of the animal, > > > > > (b) for animal research, within the meaning of the [Animal Research Act 1985](/view/html/inforce/current/act-1985-123), or > > > > > (c) in circumstances declared by the regulations not to constitute an exhibition of the animal for the purposes of this Act. > > > > inspector means a person appointed or authorised under section 38. > > > > licence means a licence issued under Part 3 and in force. > > > > licensed animal display establishment means premises that are the subject of a licence. > > > > licensee means the holder for the time being of a licence. > > > > member means a member of the advisory committee. > > > > occupier, in relation to premises— > > > > > (a) includes a person in charge of the premises as a manager or lessee or otherwise, and > > > > > (b) where the premises are the subject of a licence, includes the licensee. > > > > permit means a permit issued under Part 3 and in force. > > > > premises includes any land or place (whether or not wholly or partly built upon or covered by water) and any part thereof. > > > > register means the register referred to in section 20. > > > > regulation means a regulation made under this Act. > > > > Secretary means the Secretary of the Department. > > > > sell includes— > > > > > (a) auction or exchange, > > > > > (b) offer, expose, supply or receive for sale, > > > > > (c) send, forward or deliver for sale or on sale, and > > > > > (d) have in possession for sale. > > > > species includes order, class and description. > > > > zoological park means— > > > > > (a) zoological gardens, > > > > > (b) aquariums, and > > > > > (c) similar institutions, > > > > in which animals are exhibited or displayed, or kept for display, for any prescribed purpose. > > > (2) In this Act— > > > > > (a) a reference to a function includes a reference to a power, authority and duty, and > > > > > (b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty. > > **s 5:** Am 1988 No 131, Sch 8; 1991 No 94, Sch 1; 2004 No 91, Sch 1.10 \[1\] \[2\]; 2010 No 59, Sch 2.28; 2015 No 58, Sch 3.33 \[2\]; 2020 No 30, Schs 1.15\[1\], 3.10.