activity means an activity in relation to scheduled substances and other therapeutic goods, whether or not authorised under this Act or the regulations, and includes an omission.
administer, in relation to therapeutic goods—
(a) means—
(i) to introduce into, or apply to, the body of a human or animal by any means a dose of the goods, or
(ii) to give a dose of the goods to a human to be taken immediately, but not to give a dose to be taken at a later time, and
(b) does not include a prescribed thing.
Advisory Committee, for Schedule 1—see Schedule 1, section 1.
analyst means a person appointed by the Health Secretary under this Act as an analyst.
animal means a vertebrate or invertebrate animal, except a human being, at any stage of biological development.
another Australian jurisdiction means an Australian jurisdiction other than New South Wales.
applied provisions means the Commonwealth therapeutic goods laws that apply as laws of New South Wales because of section 86.
approval means an approval granted by the Health Secretary under section 68.
approved form means a form approved from time to time by the Health Secretary by written order for a particular provision of this Act or the regulations.
Australian jurisdiction means a State, a Territory or the Commonwealth.
Australian Register of Therapeutic Goods, for Chapter 3A—see section 85A.
authorisation means the following—
(a) a wholesaler licence,
(b) an obtain licence,
(c) an approval,
(d) an OTP registration,
(e) a DMT authority.
authorised officer means a person appointed by the Health Secretary under this Act as an authorised officer.
Note—
A police officer is taken to be an authorised officer, other than for Part 5.1.
authorised practitioner—
(a) means the following—
(i) a medical practitioner,
(ii) a nurse practitioner,
(iii) a dentist,
(iv) a veterinary practitioner,
(v) a person of a prescribed class, and
(b) does not include a person of a prescribed class.
carer of a person means a parent, spouse, partner, other member of the person’s family or other individual caring for the person, or assisting the person to care for the person, whether on a permanent or temporary basis.
Clinical Advisory Committee means the Clinical Advisory Committee established by section 128.
commercial quantity, for Chapter 3A—see section 85A.
Commonwealth Minister, for Chapter 3A—see section 85A.
Commonwealth Poisons Standard means the current Poisons Standard within the meaning of the Commonwealth Therapeutic Goods Act, as in force from time to time.
Commonwealth Secretary means the Secretary of the Commonwealth Department of Health or other Commonwealth Department that is the relevant Department for the purposes of the Commonwealth therapeutic goods laws.
(b) all regulations, orders, manufacturing principles, specifications, determinations, rules, delegations and other instruments in force under that Act.
compliance purposes, for Chapter 5—see section 94(1).
conformity assessment document, for Chapter 3A—see section 85A.
corresponding Australian legislation means—
(a) an Act or other legislation of another Australian jurisdiction regulating or prohibiting the use, possession, supply or dispensing of substances or goods that are scheduled substances, other therapeutic goods or stock medicines for the purposes of this Act, and
(b) a prescribed Act or other legislation of another Australian jurisdiction, whether prescribed generally or for particular provisions of this Act.
Health Practitioner Regulation National Law means—
(a) the Health Practitioner Regulation National Law—
(i) as in force from time to time, set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 of Queensland, and
(ii) as it applies, including with modifications, as a law of New South Wales or another State or Territory, or
(b) the law of another State or Territory that substantially corresponds to the law referred to in paragraph (a).
Health Secretary means the Secretary of the Ministry of Health.
holder of an authorisation granted to a particular person because of an application by the person means the person to whom the authorisation has been granted.
immigration detention centre means a detention centre established under the Migration Act 1958 of the Commonwealth.
management company, for a managed correctional centre, includes a submanagement company, within the meaning of the Crimes (Administration of Sentences) Act 1999, that provides health services to inmates at the correctional centre.
modify includes add, except, omit and substitute.
medical device has the same meaning as in the Commonwealth Therapeutic Goods Act.
non-domestic use, in relation to Schedule 7 substances, means use that is not domestic use.
NSW Poisons Schedules—see section 6.
nurse practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the nursing profession whose registration is endorsed as being qualified to practise as a nurse practitioner.
obtain licence means a licence granted by the Health Secretary under section 57(2).
Opioid Treatment Program means the program known as the Opioid Treatment Program approved by the Health Secretary.
OTP registration means a registration by the Health Secretary under section 74.
patient means—
(a) in relation to an individual—the individual treated, and
premises includes land or a building, structure or vehicle or other place, whether built on or not.
prescription, in relation to therapeutic goods, means a written or electronic document or other authorisation issued to allow the goods to be supplied by a pharmacist for use by, or administration to, a human or animal for therapeutic purposes in a way specified by the document or authorisation.
(d) the Health Secretary, or a person operating the State Vaccine Centre on the Health Secretary’s behalf, for the purposes of the State Vaccine Centre,
(e) the Health Administration Corporation,
(f) another prescribed entity.
public health risk authorisation order means an order made by the Health Secretary under section 140.
public place means a place that the public, or a section of the public, is entitled to use or that is open to or used by the public or a section of the public, whether conditionally or unconditionally, but does not include—
(a) a shop, or
(b) premises where a health practitioner carries on the practice of the practitioner’s profession.
Regulatory Advisory Committee means the Regulatory Advisory Committee established by section 127.
(i) a regulation made under a law specified above,
(j) another prescribed law of New South Wales or another Australian jurisdiction.
representation means a verbal or written representation or a representation by conduct.
residential care facility means a residential facility at which residential care, within the meaning of the Aged Care Act 1997 of the Commonwealth, is provided.
restriction order means an order made by the Health Secretary under section 49.
Schedule 4D substance means a prescribed substance that is in Schedule 4 of the NSW Poisons Schedules.
scheduled substance means a substance specified in a Schedule of the NSW Poisons Schedules, and includes a preparation, admixture, extract or other substance containing a scheduled substance.
section 41R determination, for Chapter 3A—see section 85A.
section 41RC consent, for Chapter 3A—see section 85A.
seized thing, for Part 5.3—see section 105.
sell includes the following—
(a) sell by wholesale, retail, auction or tender,
(b) barter or exchange,
(c) supply for profit,
(d) offer for sale, receive for sale or expose for sale,
(e) consign or deliver for sale,
(f) have in possession for sale,
(g) cause or allow one or more of the above to be done.
sponsor, for Chapter 3A—see section 85A.
State Vaccine Centre means premises operated by or on behalf of the Health Secretary for the storage and distribution of scheduled substances or prescribed therapeutic goods, including vaccines.
substance includes an ingredient, compound, extract, salt or derivative of a substance.
supply scheduled substances or prescribed therapeutic goods—see section 5.
Tier 1, Tier 2, Tier 3, Tier 4 or Tier 5 penalty, in relation to an offence, indicates the maximum penalty a court may impose for the offence—see section 117 for the maximum penalties.
therapeutic goods has the same meaning as in the Commonwealth Therapeutic Goods Act.
Note—
Scheduled substances are therapeutic goods.
vaping goods, for Chapter 3A—see section 85A.
vehicle includes a conveyance of any kind, whether or not self-propelled, and whether or not, at a material time, capable of being moved or operated, and includes the following—
(a) a caravan, trailer, truck, train or other land vehicle,
(b) a ship, hovercraft, boat, ferry, raft and pontoon or other watercraft,
(c) an aeroplane, helicopter, hot air balloon, drone or other aircraft.