Acts Revision (Penalties) Act 1979 (ACT)
No. 26 of 1979
An Ordinance to revise the penalties imposed by certain Ordinances
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Ordinance under the Seat of Government (Administration) Act 1910.
Dated this twenty-third day of August 1979.
ZELMAN COWEN
Governor-General
By His Excellency's Command,
RALPH J. H U N T
Minister of State for Health
ORDINANCES REVISION (PENALTIES) ORDINANCE 1979
1. This Ordinance may be cited as the Ordinances Revision (Penal ties) Ordinance 1979.'
2. (1) Section 32 of the Dentists Registration Ordinance 1931 is repealed and the following section substituted:
"32 . (1) Where -
| Chairman. |
(a)
the Chairman has given to a person notice in writing that his name has been removed from the Register in pursuance of this Part; and
(b)
a period of 14 days has elapsed since the notice referred to in paragraph (a) was given,
the person shall deliver his certificate of registration to the Chairman.
" ( 2 ) A person who fails to comply with sub-section (1) is guilty of an offence punishable, on conviction, by a fine not exceeding an amount calculated at the rate of $20 for every day during which the offence con tinues and, in any case, not exceeding $400.
| " ( 3 ) person by post addressed to him at his address last known to the | A notice for the purpose of paragraph (1) (a) may be given to a |
" ( 4 ) It is a defence to a prosecution for an offence against sub section (1) that—
(a) the certificate has been destroyed; or
(b) after diligent search, the defendant has been unable to find the certificate.".
(2) Sections 41 and 41A of the Dentists Registration Ordinance 1931 are repealed and the following sections substituted:
" 4 1 . A person summoned as a witness at an inquiry under this Ordi nance shall not, without reasonable excuse -
l a ) fail to comply with a requirement of the summons; (b)
refuse or fail to produce a document that he is required to pro duce; or
(c) refuse or fail to answer a question put to him at the inquiry. Penalty: $500.
"4 lA. A person who commits a breach of a provision of this Ordinance for which no other penalty is provided is guilty of an offence and punishable, on conviction, by a fine not exceeding $ 100.".
3. Section 8 of the Fluoroscopes Ordinance 1958 is amended by omitting from sub-section (2 )—
"Ten dollars for each day for which that failure continues"
and substituting—
"an amount calculated at the rate of $20 for every day during which the offence continues and. in any case, not exceeding $400" .
4. (1) In this section. "Principal Ordinance" means the Medical Practitioners Registration Ordinance 1930.
| (2) Section 32 of the Principal Ordinance is repealed and the follow ing section substituted: |
"32 . ( 1) Where -
(a)
the Chairman has given to a person notice in writing that his name has been removed from the Register in pursuance of this Part; and
(b)
a period of 14 days has elapsed since the notice referred to in paragraph ( a) was given.
the person shall deliver his certificate of registration to the Chairman.
" ( 2 ) A person who fails to comply with sub-section ( 1 ) is guilty of an offence punishable, on conviction, by a fine not exceeding an amount calculated at the rate of $20 for every day during which the offence con tinues and, in any case, not exceeding $400.
| " ( 3 ) person by post addressed to him at his address last known to the | A notice for the purpose of paragraph (1) (a) may be given to a |
" ( 4 ) It is a defence to a prosecution for an offence against sub section (1) that—
(a) the certificate has been destroyed; or
| (b) | after diligent search, the defendant has been unable to find the certificate.". |
(3) Section 33 of the Principal Ordinance is amended by adding at the end thereof—
"Penalty: $250.".
(4) Section 36 of the Principal Ordinance is repealed and the follow
ing section substituted:
"36 . (1) A body corporate shall not provide, or offer to provide, a medical service except through a registered medical practitioner.
Penalty: $2,000.
| " ( 2 ) cal service whether through a registered medical practitioner or | A body corporate shall not advertise that it will provide a medi |
Penalty: $500.".
(5) Sections 42 and 42A of the Principal Ordinance are repealed and the following sections substituted:
"42 . A person summoned as a witness at an inquiry under this Ordi nance shall not, without reasonable excuse—
| (a) | fail to comply with a requirement of the summons; |
| (b) | refuse or fail to produce a document that he is required to pro duce; or |
| (c) | refuse or fail to answer a question put to him at the inquiry. |
| Penalty: $500. |
"42A. A person who commits a breach of a provision of this Ordinance for which no other penalty is provided is guilty of an offence and punishable, on conviction, by a fine not exceeding $ 100.".
5. (1) Section 32 of the Nurses Registration Ordinance 1933 is repealed and the following section substituted:
"32 . (1) Where -
| (a) | the Chairman has given to a person notice in writing that his name has been removed from the Register in pursuance of this Part; and |
(b)
a period of 14 days has elapsed since the notice referred to in paragraph (a) was given,
the person shall deliver his certificate of registration to the Chairman.
" ( 2 ) A person who fails to comply with sub-section (1) is guilty of an offence punishable, on conviction, by a fine not exceeding an amount calculated at the rate of $20 for every day during which the offence con tinues and, in any case, not exceeding $400.
| " ( 3 ) person by post addressed to him at his address last known to the | A notice for the purpose of paragraph (1) (a) may be given to a |
" ( 4 ) It is a defence to a prosecution for an offence against sub section (1) that—
(a) the certificate has been destroyed; or
(b)
after diligent search, the defendant has been unable to find the certificate.".
(2) Section 33 of the Nurses Registration Ordinance 1933 is
amended by adding at the end thereof—
"Penalty: $250." .
(3) Sections 45 and 46 of the Nurses Registration Ordinance 1933 are repealed and the following sections substituted:
" 4 5 . A person summoned as a witness at an inquiry under this Ordi nance shall not, without reasonable excuse -
l a ) fail to comply with a requirement of the summons; (b ) duce; or
refuse or fail to produce a document that he is required to pro (c) refuse or fail to answer a question put to him at the inquiry. Penalty: $500.
"46 . A person who commits a breach of a provision of this Ordinance for which no other penalty is provided is guilty of an offence and punishable, on conviction, by a fine not exceeding $ 100.".
6. ( 1 ) In this sect ion, " P r i n c i p a l O r d i n a n c e " means the
Optometrists Ordinance 1956.
(2) Section 25 of the Principal Ordinance is repealed and the follow ing section substituted:
| " 2 5 . | (1) | W h e r e - |
| (a) | the Chairman has given to a person notice in writing that his name has been removed from the Register in pursuance of this Part; and |
| (b) | a period of 14 days has elapsed since the notice referred to in paragraph (a) was given, |
the person shall deliver his certificate of registration to the Chairman.
" ( 2 ) A person who fails to comply with sub-section (1) is guilty of an offence punishable, on conviction, by a fine not exceeding an amount calculated at the rate of $20 for every day during which the offence con tinues and, in any case, not exceeding $400.
" (3) A notice for the purpose of paragraph (1) (a) may be given to a person by post addressed to him at his address last known to the Chairman.
" ( 4 ) It is a defence to a prosecution for an offence against sub section (1) that—
(a) the certificate has been destroyed; or
| (b) | after diligent search, the defendant has been unable to find the certificate.". |
(3) Section 29 of the Principal Ordinance is repealed and the follow ing section substituted:
"29 . (1) Subject to this section, a person other than a registered optometrist shall not practise optometry.
Penalty: $1,000.
| " ( 2 ) Notwithstanding anything contained in the Medical | Prac |
| titioners Registration | Ordinance 1930, a registered optometrist may |
| practise optometry. | |
| " ( 3 ) Sub-section (1) does not apply to, or in relation to, a medical practitioner or a body corporate.". |
(4) Section 30 of the Principal Ordinance is amended by omitting from sub-section (1) all words after "optometr is ts" and substituting—
"Penalty: $2,000.".
(5) Section 32 of the Principal Ordinance is amended by omitting
from sub-section (1) all words after paragraph (b) and substituting—
"Penalty: $1,000.".
(6) Section 35 of the Principal Ordinance is amended by omitting all words after "pract i t ioner" and substituting—
"Penalty: $1,000.".
7. (1) Section 34 of the Pharmacy Ordinance 1931 is repealed and the following section substituted:
"34. (1) W h e r e -
(a)
the Chairman has given to a person notice in writing that his name has been removed from the Register in pursuance of this Part; and
(b)
a period of 14 days has elapsed since the notice referred to in paragraph (a) was given,
the person shall deliver his certificate of registration to the Chairman.
" ( 2 ) A person who fails to comply with sub-section (1) is guilty of an offence punishable, on conviction, by a fine not exceeding an amount calculated at the rate of $20 for every day during which the offence con tinues and, in any case, not exceeding $400.
| " ( 3 ) person by post addressed to him at his address last known to the | A notice for the purpose of paragraph (1) (a) may be given to a |
" ( 4 ) It is a defence to a prosecution for an offence against sub section (1) that—
(a) the certificate has been destroyed; or
(b) after diligent search, the defendant has been unable to find the certificate.".
(2) Section 50 of the Pharmacy Ordinance 1931 is repealed and the following section substituted:
| "50 . A person summoned as a witness at an inquiry under this Ordi nance shall not, without reasonable excuse— |
(a) fail to comply with a requirement of the summons; (b)
refuse or fail to produce a document that he is required to pro duce; or
(c) refuse or fail to answer a question put to him at the inquiry. Penalty: $500.".
(3) Section 52 of the Pharmacy Ordinance 1931 is repealed and the following section substituted:
"52 . A person who commits a breach of a provision of this Ordinance for which no other penalty is provided is guilty of an offence and punishable, on conviction, by a fine not exceeding $ 100.".
8. Section 12 of the Public Health Ordinance 1928 is amended —
| (a) | by omitting from paragraph (p) "One hundred dollars" and | |
| ||
| (b) | by omitting from paragraph (p) "Ten dol lars" and substituting " $ 5 0 " . | |
| 9. Section 25 of the Veterinary Surgeons Registration | Ordinance |
1965 is repealed and the following section substituted:
| "25 . | (1) | W h e r e - |
| (a) | the Chairman has given to a person notice in writing that his name has been removed from the Register in pursuance of this Part; and |
| (b) | a period of 14 days has elapsed since the notice referred to in paragraph (a) was given, |
the person shall deliver his certificate of registration to the Chairman.
" ( 2 ) A person who fails to comply with sub-section (1) is guilty of an offence punishable, on conviction, by a fine not exceeding an amount calculated at the rate of $20 for every day during which the offence con tinues and. in any case, not exceeding $400.
" ( 3 ) A notice for the purpose of paragraph (1) (a) may be given to a person by post addressed to him at his address last known to the Chairman.
" ( 4 ) It is a defence to a prosecution for an offence against sub section (1) that—
(a) the certificate has been destroyed; or
| (b) | after diligent search, the defendant has been unable to find the certificate.". |
| 10. The Ordinances specified in the Schedule are amended as set out in the Schedule. |
11. (1) Section 16 of the Nurses Registration Ordinance 1933 is
repealed.
(2) Section 17 of the Pharmacy Ordinance 1931 is repealed.
(3) Sections 9 and 10 of the Public Health Ordinance 1928 are
repealed.
SCHEDULE Section 10
| Provision amended | Omit | Substitute |
CIGARETTE CONTAINERS (LABELLING) ORDINANCE 1972
| Sub-section 5 ( 1 ) | Two hundred dollars | $500 |
| Sub-section 6 ( 1 ) | Two hundred dollars | $500 |
DENTISTS REGISTRATION ORDINANCE 1931
| Section 14 | One hundred dollars | $500 |
| Section 15 | One hundred dollars | $500 |
| Section 26 | Two hundred dollars | $1,000 |
| Section 33 | Twenty dollars | $250 |
| Section 34 | Two hundred dollars | $1,000 |
| Section 35 | Twenty dollars | $500 |
| Section 43 | Twenty dollars | $100 |
FLUOROSCOPES ORDINANCE 1958
| Section 3 | One hundred dollars | $500 |
| Section 6 | One hundred dollars | $500 |
| Sub-section 8 ( 1 ) | One hundred dollars | $500 |
| Section 9 | One hundred dollars | $500 |
| Section 10 | One hundred dollars | $500 |
| Section 11 | One hundred dollars | $500 |
MEAT O R D I N A N C E 1931
| Sub-section 7 ( 1 ) | One hundred dollars | $500 |
| Section 7A | One hundred dollars | $500 |
| Section 9 | Twenty dollars | $500 |
| Section 11 | Two hundred dollars | $500 |
| Sub-section 15 (3 ) | . . . . | One hundred dollars | $500 |
| Section 20 | One hundred dollars | $250 |
MEDICAL PRACTITIONERS REGISTRATION ORDINANCE 1930
| Section 14 | One hundred dollars | $500 |
| Section 15 | One hundred dollars | $500 |
| Section 25 | Two hundred dollars | $1,000 |
| Section 34 | Two hundred dollars | $1,000 |
| Section 35 | Twenty dollars | $500 |
| Section 44 | Forty dollars | $100 |
NURSES REGISTRATION ORDINANCE 1933
| Section 14 | One hundred dollars | $500 |
| Section 15 | One hundred dollars | $500 |
| Section 25 | Two hundred dollars | $1,000 |
| Section 28M | Two hundred dollars | $1,000 |
| Section 34 | Two hundred dollars | $1,000 |
| Section 37 | Twenty dollars | $500 |
| Section 48 | Forty dollars | $100 |
OPTOMETRISTS ORDINANCE 1956
| Section 19 | Two hundred dollars | $1,000 |
| Section 33 | One hundred dollars | $1,000 |
| Sub-section 33A ( 1 ) | . | . | . | . | One hundred dollars | $500 |
| Sub-section 3 9 ( 1 ) | . | . | . | . | One hundred dollars | $500 |
| Sub-section 40 ( 1 ) | . . . . | One hundred dollars | $500 |
| Section 46 | Two hundred dollars | $500 | |
| Section 48 | Forty dollars | $100 |
PHARMACY O R D I N A N C E 1931
| Section 15 | One hundred dollars | $500 |
| Section 16 | One hundred dollars | $500 |
| Section 28 | Two hundred dollars | $1,000 |
| Sub-section 35 ( 1 ) | . . . . | Two hundred dollars | $1,000 |
| Sub-section 44 ( 1 ) | . . . . | Twenty dollars | $250 |
SCHEDULE-continued
| Provision amended | Omit | Substitute | ||
| Sub-section 45 ( I ) | . . . . | One hundred dollars or imprisonment for $500 or imprison- | ||
| ||||
| Sub-section 46 (4 ) | . . . . |
| ||
| Section 47 |
| |||
| Section 50 |
| |||
| Section 51 |
| |||
| Section 54 |
|
STOCK DISEASES ORDINANCE 1933
| Section 1 1 | Two hundred dollars | $1,000 |
| Section 12 | One hundred dollars | $250 |
TUBERCULOSIS O R D I N A N C E 1950
| Section 11 | Two hundred dollars or imprisonment for | $500 or imprison- |
| six months | ment for 6 months | |
| Section 13 | Two hundred dollars, or imprisonment for | $500, or lmprison- |
| a period not exceeding six months | ment for a period not exceeding 6 months |
VENEREAL DISEASES ORDINANCE 1956
| Section 20 | Two hundred dollars or imprisonment for | $500 or imprison- |
| six months | ment for 6 months | |
| Section 21 | Two hundred dollars, or imprisonment for | $500, or lmprison- |
| a period not exceeding six months | ment for a period not exceeding 6 months |
VETERINARY SURGEONS REGISTRATION ORDINANCE 1965
| Section 18 | Two hundred dollars | $1,000 |
| Sub-section 19 (1 ) | . . . . | Tendollars | $100 |
| Sub-section 19 (2 ) | . . . . | Tendollars | $100 |
| Sub-section 29 ( I ) | . . . . | Two hundred dollars | $1,000 |
| Section 30 | One hundred dollars | $250 |
| Sub-section 31 ( 1) | . . . . | Twenty dollars | $500 |
| Sub-section 31 (2 ) | . . . . | Twenty dollars | $500 |
| Sub-section 37 ( 1) | . . . . | One hundred dollars | $500 |
| Sub-section 38 ( I) | . . . . | One hundred dollars | $500 |
| Section 43 | Forty dollars | $100 |
NOTE
1. Notified in the Commonwealth of Australia Gazette on 3 1 August 1979.
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