This Act may be cited as the Poisons and Therapeutic Goods Act 1966.
(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.
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.
Commonwealth Act means the Therapeutic Goods Act 1989 of the Commonwealth.
Commonwealth administrative laws means the following Acts and regulations of the Commonwealth:
(a) the Administrative Appeals Tribunal Act 1975,(b) (Repealed)(c) the Freedom of Information Act 1982,(d) the Ombudsman Act 1976,(e) the Privacy Act 1988,(f) the regulations in force under any of those Acts.Commonwealth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 of the Commonwealth, and(b) all regulations, orders and manufacturing principles in force under that Act.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.
Director-General means the Director-General of the Department of Health.
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.
midwife practitioner means a registered midwife whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a midwife practitioner.
nurse practitioner means a registered nurse whose registration is endorsed under the Health Practitioner Regulation National Law as being qualified to practise as a nurse practitioner.
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 Government Department, 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.
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.
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.
Veterinary practitioner has the same meaning as in the Veterinary Practice Act 2003.
(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)
5 Exemption from operation of Act
(1) The Minister may from time to time, by order published in the Gazette, exempt:(a) any council within the meaning of the Local Government Act 1993, or(b) any livestock health and pest authority constituted or continued by or under the Rural Lands Protection Act 1998,specified in the order from all of the provisions of this Act or from such of those provisions as may be specified in the order, and thereupon the provisions of this Act or such of them as are so specified, as the case may be, shall not apply to or in respect of the council or livestock health and pest authority specified in the order.(2) The provisions of subsection (1) do not extend to authorising the Minister to grant an exemption from any of the provisions of this Act to the extent that they relate to restricted substances or drugs of addiction.
5A Relationship with Hemp Industry Act 2008
Nothing in this Act or the regulations under this Act or in the Commonwealth therapeutic goods laws (to the extent they apply as a law of New South Wales) affects any provision of or made under the Hemp Industry Act 2008 or renders unlawful anything done in accordance with any such provision.