3Definitions

#### 3 Definitions 3 Definitions > > (1) In this Regulation— > > > > Ambulance Service of NSW has the same meaning as it has in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154). > > > > administering practitioner, for Part 4A—see clause 128B. > > > > authorised disposer, for Part 4A—see clause 128B. > > > > authorised practitioner means— > > > > > (a) in Part 4 (Drugs of addiction), a medical practitioner, nurse or midwife authorised under section 17A of the Act, dentist or veterinary practitioner, and > > > > > (b) in a Part other than Part 4, a medical practitioner, nurse or midwife authorised under section 17A of the Act, podiatrist, dentist, optometrist or veterinary practitioner. > > > > authorised supplier, for Part 4A—see clause 128B. > > > > charitable organisation means an organisation or association that holds an authority under the [Charitable Fundraising Act 1991](/view/html/inforce/current/act-1991-069) or that is referred to in section 7 of that Act as an organisation or association to which that Act (section 48 excepted) does not apply. > > > > Commonwealth Department of Health means the Commonwealth Department of Health. > > > > confer a function includes impose a duty. > > > > contact person, for Part 4A—see clause 128B. > > > > coordinating practitioner, for Part 4A—see clause 128B. > > > > correctional centre has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > current Poisons Standard has the same meaning as it has in the Commonwealth Act. > > > > dealer, in relation to a substance, means a person who supplies the substance as a manufacturer, an importer or exporter or a wholesale or retail dealer, and includes an authorised practitioner or pharmacist in his or her capacity as a supplier of the substance. > > > > director of nursing means, in relation to a residential care facility, a registered nurse who is responsible for the care of the residents of the residential care facility. > > > > exercise a function includes perform a duty. > > > > function includes a power, authority and duty. > > > > hospital means a public hospital, public institution, private health facility or nursing home. > > > > inmate has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > inspector means a person authorised by the Secretary to exercise the powers conferred by section 43 of the Act. > > > > management company, for a managed correctional centre, includes a submanagement company, within the meaning of the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093), that provides health services to inmates at the correctional centre. > > > > managed correctional centre has the same meaning as in the [Crimes (Administration of Sentences) Act 1999](/view/html/inforce/current/act-1999-093). > > > > Note. > > > > A managed correctional centre is a kind of correctional centre. > > > > medication chart means a document, in a form that complies with the [National Health (Residential Medication Chart) Determination 2012](http://www.legislation.gov.au/) of the Commonwealth, that contains detailed information about an individual patient and the medication orders, administration record and other health care information related to that patient’s care. > > > > medication chart prescription means a prescription included in a medication chart kept at a residential care facility in relation to a resident of that facility. > > > > nabiximols means a botanical extract of Cannabis sativa in a buccal spray for human therapeutic use— > > > > > (a) that includes the following cannabinoids— > > > > > > > (i) tetrahydrocannabinol, > > > > > > > (ii) cannabidiol, > > > > > > > (iii) cannabinol, > > > > > > > (iv) cannabigerol, > > > > > > > (v) cannabichromene, > > > > > > > (vi) cannabidiolic acid, > > > > > > > (vii) tetrahydrocannabinolic acid, > > > > > > > (viii) tetrahydrocannabivarol, > > > > > > > (ix) cannabidivarol, and > > > > > (b) in which tetrahydrocannabinol and cannabidiol (in approximately equal proportions) comprise not less than 90 per cent of the total cannabinoid content. > > > > nurse in charge, in a managed correctional centre, means a nurse in charge of the medical treatment of inmates at the managed correctional centre. > > > > nursing home has the same meaning as in the [Public Health Act 1991](/view/html/repealed/current/act-1991-010). > > > > patient, for Part 4A—see clause 128B. > > > > practitioner of alternative medicine means a herbalist, nutritionist, naturopath, practitioner of Chinese medicine or homoeopathic practitioner. > > > > prescribed restricted substance—see clause 61. > > > > prescription reference number means the unique reference number for the prescription recorded under clause 55 or 114. > > > > private health facility means a private health facility licensed under the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009). > > > > public health organisation has the same meaning as in the [Health Services Act 1997](/view/html/inforce/current/act-1997-154), section 7. > > > > public hospital means a public hospital within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154). > > > > residential care facility means a residential facility at which a person is provided with residential care, within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, and includes a nursing home. > > > > residential care facility manager means the person (not being the director of nursing) employed at the residential care facility who is responsible for the management of that facility. > > > > responsible person, in relation to a residential care facility, means— > > > > > (a) the director of nursing of the residential care facility, or > > > > > (b) in the case of a residential care facility for which there is no director of nursing—the residential care facility manager. > > > > retail dealer, in relation to a substance, means a person who supplies the substance as a retailer, and not as a manufacturer, importer, exporter or wholesaler, and not as an authorised practitioner or pharmacist in his or her capacity as a supplier of the substance. > > > > retail pharmacist means a pharmacist who is employed in a retail pharmacy. > > > > retail pharmacy means premises included in the Register of Pharmacies kept under Schedule 5F of the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > scientifically qualified person means— > > > > > (a) a medical practitioner, dentist, veterinary practitioner or pharmacist, or > > > > > (b) a person who holds a degree or diploma approved for the time being by the Secretary, or > > > > > (c) a person approved for the time being by the Secretary. > > > > seized goods means regulated goods that have been seized under section 43 of the Act. > > > > special restricted substance means a substance included in Appendix B to this Regulation. > > > > the Act means the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031). > > > > Therapeutic Goods Order No. 95 means the [Therapeutic Goods Order No. 95 Child-resistant packaging requirements for medicines 2017](http://www.legislation.gov.au/), as in force from time to time under the Commonwealth Act. > > > > therapeutic substances means substances that are therapeutic goods. > > > > type A drug of addiction means a drug of addiction prescribed by clause 122. > > > > type C drug of addiction has the meaning given by section 28(6) of the Act. > > > > type C unregistered drug of addiction means an unregistered drug of addiction other than an unregistered drug of addiction that is a type A drug of addiction. > > > > unregistered drug of addiction means any therapeutic good that consists of a Schedule 8 substance and that is not— > > > > > (a) a registered good, or > > > > > (b) a substance or good that has been excluded from this definition by an order made by the Secretary and published in the Gazette. > > > > voluntary assisted dying substance has the same meaning as in the [Voluntary Assisted Dying Act 2022](/view/html/inforce/current/act-2022-017). > > > > Note— > > > > See the [Voluntary Assisted Dying Act 2022](/view/html/inforce/current/act-2022-017), section 7, which provides for the approval of a Schedule 4 or 8 substance as a voluntary assisted dying substance. > > > > ward of a hospital includes any theatre, laboratory or department of the hospital, other than the pharmacy department. > > > > Note. > > > > The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation. > > > (2) In this Regulation— > > > > > (a) expressions that are defined in the current Poisons Standard have the meanings given to them by that Standard, and > > > > > (b) expressions that are defined in the current Poisons Standard and that are also defined in the Act or in this Regulation have the meanings given to them by the Act or this Regulation, respectively, and > > > > > (c) a reference to a Schedule 1, 2, 3, 4, 5, 6, 7, 8 or 9 substance is a reference to a substance included in the correspondingly numbered Schedule of the Poisons List. > > > (3) Notes included in this Regulation do not form part of this Regulation. > > **cl 3:** Am 2010 No 34, Sch 2.38 \[1\] \[2\]; 2011 (480), Sch 1 \[1\]–\[3\]; 2014 (82), Sch 1 \[1\] \[2\]; 2015 (138), Sch 1 \[1\]; 2016 (409), Sch 1 \[1\] \[2\]; 2018 (655), Sch 1 \[1\]; 2018 (703), Sch 1 \[1\]; 2019 (477), Sch 1 \[1\]; 2021 (372), Sch 1\[2\]–\[4\]; 2021 (386), Sch 1\[1\]; 2022 (581), Sch 1\[1\]; 2023 (548), Sch 1\[1\].