4Interpretation

#### 4 Interpretation 4 Interpretation > > (1) In this Act, unless the context or subject matter otherwise indicates or requires— > > > > Advisory Committee means the Poisons Advisory Committee constituted by section 6. > > > > Analyst means an analyst appointed or taken to be appointed under section 37A. > > > > Animal means any animal (other than a human being), whether vertebrate or invertebrate, and includes but is not limited to— > > > > > (a) mammals, birds, bees, reptiles, amphibians, fish, crustaceans and molluscs, and > > > > > (b) the semen, ova or embryo of an animal (other than a human being) or any other substance or thing directly relevant to the reproduction of an animal (other than a human being). > > > > Applied provisions means the Commonwealth therapeutic goods laws that apply as a law of New South Wales because of section 31. > > > > Australian Register of Therapeutic Goods, for Part 3A—see section 19. > > > > Authority means an authority issued and in force for the purposes of this Act or the regulations. > > > > Automatic machine means any machine or mechanical device used or capable of being used for the purpose of supplying goods without the personal manipulation or attention of the supplier or the supplier’s employee or other agent at the time of supply. > > > > commercial quantity, for Part 3A—see section 19. > > > > Commonwealth Act means the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth. > > > > Commonwealth administrative laws means the following Acts and regulations of the Commonwealth— > > > > > (a) the [Administrative Review Tribunal Act 2024](http://www.legislation.gov.au/), > > > > > (b) (Repealed) > > > > > (c) the [Freedom of Information Act 1982](http://www.legislation.gov.au/), > > > > > (d) the [Ombudsman Act 1976](http://www.legislation.gov.au/), > > > > > (e) the [Privacy Act 1988](http://www.legislation.gov.au/), > > > > > (f) the regulations in force under any of those Acts. > > > > Commonwealth Department means the Department of Human Services and Health or such other Department of the Commonwealth as is the relevant Department for the purposes of the Commonwealth therapeutic goods laws. > > > > Commonwealth Minister means the Minister responsible for administering the Commonwealth therapeutic goods laws. > > > > Commonwealth Secretary means the Secretary of the Commonwealth Department. > > > > Commonwealth therapeutic goods laws means— > > > > > (a) the [Therapeutic Goods Act 1989](http://www.legislation.gov.au/) of the Commonwealth, and > > > > > (b) all regulations, orders and manufacturing principles in force under that Act. > > > > conformity assessment document, for Part 3A—see section 19. > > > > Container, when used in relation to any substance, material, body or thing referred to in this Act, means any vessel, bottle, tube, capsule, tin, box, case, wrapper, cover or other like receptacle or envelope which immediately contains such substance, material, body or thing. > > > > Drug of addiction means any substance specified in Schedule Eight of the Poisons List. > > > > Label includes any tag, brand, mark or statement in writing on or attached to or used in connection with any container or package containing any poison, restricted substance or drug of addiction. > > > > Licence means a licence issued and in force for the purposes of this Act or the regulations. > > > > Listed goods has the same meaning as in the Commonwealth Act. > > > > Manufacturer’s licence means a licence in force under Part 4 of the Commonwealth Act. > > > > Medical Committee means the Medical Committee constituted under section 30. > > > > Package, when used in relation to any substance, material, body or thing referred to in this Act, includes every means by which such substance, material, body or thing may, for transport or for carriage or for storage or for supply, be cased, covered, enclosed, contained or packed. > > > > Poison means any substance specified in Schedule One, Schedule Two, Schedule Three, Schedule Five, Schedule Six, or Schedule Seven of the Poisons List. > > > > Poisons List means the list proclaimed under section 8 as in force for the time being. > > > > Premises includes any structure, building, aircraft, vehicle, vessel or place (whether built upon or not), and any part thereof. > > > > Prescribed means prescribed by this Act or by the regulations. > > > > Public institution means— > > > > > (a) any Public Service agency, public hospital, or university within New South Wales, or > > > > > (b) any other institution or establishment which the Governor by order published in the Gazette declares to be a public institution for the purposes of this Act. > > > > Registered goods has the same meaning as in the Commonwealth Act. > > > > Regulated goods means— > > > > > (a) any substance of a kind specified in a Schedule of the Poisons List, or > > > > > (b) therapeutic goods that are not a substance so specified. > > > > Regulations means regulations made under this Act. > > > > Representation means a verbal representation, a written representation or representation by conduct. > > > > Restricted substance means any substance specified in Schedule Four of the Poisons List. > > > > Schedule 9 substance means any substance specified in Schedule 9 of the Poisons List. > > > > Secretary means the Secretary of the Ministry of Health. > > > > section 41R determination, for Part 3A—see section 19. > > > > section 41RC consent, for Part 3A—see section 19. > > > > Sell includes sell whether by wholesale or retail and barter and exchange, and also includes dealing in, agreeing to sell, or offering or exposing for sale, or keeping or having in possession for sale, or sending, forwarding, delivering or receiving for sale or on sale, or authorising, directing, causing, suffering, permitting or attempting any of such acts or things. > > > > sponsor, for Part 3A—see section 19. > > > > Substance includes preparation or admixture and all salts and derivatives of any substance. > > > > Supply includes— > > > > > (a) sell, dispense and distribute, and > > > > > (b) supply, whether free of charge or otherwise, by way of sample or advertisement, and > > > > > (c) supply, whether free of charge or otherwise, in the course of testing for safety or efficacy on persons or animals, and > > > > > (d) agree or offer to sell or distribute, and > > > > > (e) keep or have in possession for sale, dispensing or distribution, and > > > > > (f) send, forward, deliver or receive for sale, dispensing or distribution, and > > > > > (g) authorise, direct, cause, suffer, permit or attempt any act mentioned in paragraphs (a)–(f). > > > > Supply by wholesale, in relation to a substance or goods, means— > > > > > (a) supply of the substance or goods for the purposes of resupply, or > > > > > (b) supply of an ingredient for the purposes of incorporation in the substance or goods, > > > > and includes supply of the substance or goods in wholesale quantities— > > > > > (c) for use in a public institution, or > > > > > (d) to persons who are authorised by the regulations to be supplied with wholesale quantities of the substance or goods. > > > > Therapeutic device and Therapeutic goods have the same meanings as in the Commonwealth Act. > > > > Therapeutic use has the same meaning as in the Commonwealth Act. > > > > vaping goods, for Part 3A—see section 19. > > > > Veterinary practitioner has the same meaning as in the [Veterinary Practice Act 2003](/view/html/inforce/current/act-2003-087). > > > > Note. > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) For the purposes of the Poisons List, a substance may be described— > > > > > (a) by reference to any 1 or more of the following— > > > > > > > (i) the common or scientific name of the substance, > > > > > > > (ii) any class of substances, > > > > > > > (iii) the composition of the substance, > > > > > > > (iv) the purpose for which the substance may be used, > > > > > > > (v) the manner in which the substance is packed, or > > > > > > > (vi) such other factor or circumstance as may be specified in relation to the substance in the Poisons List or in any such proclamation, > > > > > (b) in any other manner so specified. > > > (3) Nothing in this Act precludes a substance from being both— > > > > > (a) a poison, restricted substance or drug of addiction, and > > > > > (b) therapeutic goods. > > > (4) (Repealed) > > **s 4:** Am 1970 No 53, sec 2 (1) (a); 1971 No 47, sec 2 (3); 1972 No 14, sec 59 (1) (a); 1972 No 63, Sch; 1977 No 5, Schs 2, 3; 1977 No 110, Schs 1 (2), 2 (2); 1981 No 88, Schs 1 (2), 2 (2); 1982 No 138, Sch 1; 1985 No 227, Sch 1; 1987 No 246, Sch 5 (3); 1993 No 46, Sch 1; 1994 No 95, Sch 1; 1996 No 2, Sch 1 \[3\]–\[9\]; 1996 No 121, Sch 1.14; 1998 No 102, Sch 2 \[1\]; 1999 No 76, Sch 2 \[1\]; 2001 No 121, Sch 2.166 \[1\]; 2002 No 30, Sch 6.5 \[1\]; 2003 No 45, Sch 2.15 \[1\] \[2\]; 2003 No 87, Sch 3.18 \[1\]; 2006 No 59, Sch 7.13 \[1\]; 2007 No 89, Sch 2.12 \[1\]; 2010 No 34, Sch 2.37 \[1\]; 2013 No 70, Sch 2 \[1\]; 2015 No 58, Sch 3.69 \[2\] \[3\]; 2017 No 50, Sch 5.24 \[1\]; 2024 No 94, Sch 1\[1\]; 2025 No 38, Sch 1.11.