New Zealand Legislation: Acts

2 Interpretation

• (1) In this Act, unless the context otherwise requires,—

  chiropractor means a health practitioner who is, or is deemed to be, registered with the Chiropractic Board continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of chiropractic

  chiropractor: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Council means the Radiation Protection Advisory Council constituted under this Act

  Council: this definition was substituted for the original definition by section 2(1) of the Radiation Protection Amendment Act 1977.

  dentist means a health practitioner who is, or is deemed to be, registered with the Dental Council established by section 114(2) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of dentistry

  dentist: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Director-General means the Director-General of Health under the Health Act 1956; and includes any person to whom his powers are for the time being delegated under this Act

  Irradiating apparatus means any apparatus that can be used for the production of X-rays or gamma rays or for the acceleration of atomic particles in such a way that it produces a dose equivalent rate of or exceeding 2.5 microsieverts per hour at a point which could be reached by a living human being

  Irradiating apparatus: this definition was amended by section 2(1) of the Radiation Protection Amendment Act 1981 by substituting “2.5 microsieverts” for “0.25 millirem”.

  medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.

  medical practitioner: in this definition the Medical Practitioners Act 1968 was substituted, as from 1 April 1969, for the repealed Medical Practitioners Act 1950.

  medical practitioner: this definition was substituted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.

  Minister means the Minister of Health

  Prescribed means prescribed by or under regulations made under this Act

  Prescribed: this definition was amended by section 2 of the Radiation Protection Amendment Act 1973 by inserting “or under”.

  Radioactive material means any article containing a radioactive substance giving it a specific radioactivity exceeding 100 kilobecquerels per kilogram and a total radioactivity exceeding 3 kilobecquerels

  Radoactive material: this definition was substituted, as from 1 April 1982, for the original definition by section 2(2) of the Radiation Protection Amendment Act 1981 (1981 No 90).

  Radioactive substance means a radionuclide or mixture of radionuclides, either alone or in chemical combination with other elements

  Radiologist means a medical practitioner having special knowledge in the safe use or application of irradiating apparatus for the purpose of diagnosing any abnormal condition of the human body

  Radionuclide means an isotope of any element which spontaneously emits ionising radiation

  Radiotherapist means a medical practitioner having special knowledge in the safe use or application of irradiating apparatus or radioactive materials for the purpose of treating or alleviating any abnormal condition of the human body

  Sell includes supplying or otherwise dealing in or disposing of, whether by way of sale, loan, or gift; and also includes barter; and also includes offering or attempting to sell, or receiving for sale, or exposing for sale, or having in possession for sale, or sending or delivering for sale, or causing or allowing to be sold, offered, or exposed for sale; and sale, buying, vendor, and purchaser have corresponding meanings.

  (2) For the purposes of this Act, if any question arises as to whether any person has special knowledge in the safe use or application of irradiating apparatus or radioactive materials for the purposes of diagnosing, treating, or alleviating any abnormal condition of the human body, the question shall be decided by the Minister after consultation with the Radiation Protection Advisory Council, and every decision so given by the Minister shall be final:

  Provided that, in making any recommendation under this subsection, the Council shall act on the advice of an advisory committee appointed by it under this Act, of which not less than one half of the members (exclusive of the Chairman) shall, in the case of a question relating to diagnosis by the safe use or application of irradiating apparatus, be radiologists, and shall, in the case of any other question, be radiotherapists.

  (3) Every recommendation made by the Council under subsection (2) of this section shall be based on the consideration of the experience and qualifications of the person concerned. Every such person shall submit to the Council such evidence of his qualifications and experience as the Council may require, and the Council may, if it thinks fit, require him to verify his evidence by statutory declaration.

  (4) Before making an unfavourable recommendation under subsection (2) of this section, the advisory committee shall notify the person concerned of its intention so to do, and shall give him an opportunity of appearing before it and giving or adducing further evidence on the matter.

  Compare: 1949 No 42 s 2

  In subsection (2) the words “Radiation Protection Advisory Council” were substituted for “Radiological Advisory Council” by section 2(2) of the Radiation Protection Amendment Act 1977.