Dental Amendment Act 1980 (WA)

WESTERN AUSTRALIA.

DENTAL.

No. 94 of 1980.

AN ACT to amend the Dental Act 1939-1979.

[Assented to 9 December 1980.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

1. (1) This Act may be cited as the Dental and

Amendment Act 1980.	citation.
Reprinted

(2) In this Act the Dental Act 1939-1979 is as approved for reprint

referred to as the principal Act.

11 January

1979 and

further

amended

by No. 19

(3) The principal Act as amended by this Act of 1979.

may be cited as the Dental Act 1939-1980.

No. 94.] Dental. [1980.

Commence-	2.	This Act shall come into operation on a day
ment.

to be fixed by proclamation.

Section 5

amended. 3. Section 5 of the principal Act is amended by

repealing subsections (2), (3) and (4) and sub-

stituting the following subsection-

" (2) The Board shall consist of seven members to be appointed by the Governor of whom five shall be dental practitioners. " .

Section 6

repealed	4.	Section 6 of the principal Act is repealed and
and

substituted	the following section is substituted-
Tenure of

office. " 6. A member of the Board shall hold office for such period not exceeding 3 years as may be specified in his instrument of appointment but shall be eligible for re-appointment. ".

Section 7	5.	Section 7 of the principal Act is amended by
amended.

repealing subsection (4) and substituting the

following subsection-

Acts not

invalidated	" (4) No act or proceeding of the Board, or
by defect
in appoint-	by any committee or member of the Board shall
ment of
member.	be invalid or be prejudiced by reason only of the fact that at the time when such act or proceeding was done, taken or commenced there was some defect in the appointment of any member of the Board, or that the member of the Board was disqualified or not authorized to do or participate in the doing of anything done by the Board or by such member. ".
Section le

amended. 6. Section 10 of the principal Act is amended by

deleting "elected or nominated" and substituting

the following-

" appointed ".

1980. J Dental. [No. 94.

Section 11

7. Section 11 of the principal Act is amended amended.

(a)	in paragraph (d) of subsection (1) by deleting "; in the case of a medical practitioner member, when he ceases to be a duly qualified medical practitioner; and, in the case of a legal practitioner member, when he ceases to be a duly qualified legal practitioner" ; and
(b)	in subsection (2), by deleting "elected or nominated, as the case may be," and sub- stituting the following-

" appointed " .

8. Section 12 of the principal Act is repealed and	repealed
Section 12

the following section is substituted-	substituted.
and
Governor

" 12. The Governor may from time to time	may remove
remove the members or President of the Board,	any member.
or any of them, and fill any vacancy caused by removal, death, resignation, illness, absence from the State, or other incapacity. " .

9. Section 12A of the principal Act is amended Section 12A amended.

by deleting "1904" and substituting the following- " 1978 " .

10.	Section 18 of the principal Act is amended	Section 18
amended.

by inserting after subsection (3) the following

subsection-

" (4) Where a person is not qualified for registration under the Act as amended but that person has been registered as a dentist in this State and has had his name struck off the Register, the Board may, in its discretion allow the name of that person to be re-entered in the Register. " .

No. 94.] Dental. [1980.

Section 30

amended. 11. Section 30 of the principal Act is amended

(a) by inserting after subsection (1) the following subsections

(la) Subject to subsection (lb) of this section, if the Board, after due inquiry, is satisfied in relation to a person whose name has been withdrawn from or struck off the Register, that, had the name of that person not been so with- drawn from or struck off the Register the Board would have been empowered to impose a penalty on that person under subsection (1) or (3) of this section, the Board may

(a) censure that person; or

(b) order that person to be fined such amount, not exceeding two thousand dollars, as the Board thinks fit.

(lb) Nothing in subsection (la) of this section shall be construed as enabling the Board to impose more than one penalty on a person in respect of the same act or omission. ";

(b) in subsection (2)-

(i)  by inserting, before "a dentist or dental therapist", the following-

" a person who is or was "; and by deleting "the dentist or the dental therapist concerned" and substitut- ing the following-

(ii)

" that person ";

1980. J Dental. [No. 94.

(c) in subsection (4)-

(i)    by deleting "that dentist or dental therapist" and substituting the following-

" the person in respect of whom the proceedings concerned were taken "; and

(ii)    by deleting "to the proceedings" and substituting the following-

" to those proceedings "; and

(d) in subsection (5) by deleting "dentist or dental therapist" and substituting the following-

" person ".

12. Section 30B of the principal Act is amended— =1,1r

(a) in subsection (1)-

(i)    by inserting, before "a dentist or a dental therapist", the following-

" a person who is or was "; and by deleting "that dentist or dental therapist" and substituting the following-

(ii)

" that person ";

(b)

in subsection (2) by deleting "dentist or following-

" person "; and

in subsection (3) by deleting "dentist or

(c)

dental therapist" and substituting the

following-

" person ".

13. Section 44 of the principal Act is amended gieaiodne,14.

in paragraph (d) of subsection (1)-

(a) by deleting in subparagraph (i) "the primary qualification in dentistry of the

No. 94.] Dental. [1980.

Royal College of Surgeons either of England, Ireland, Edinburgh, or Glasgow, or holds"; and

(b) by deleting subparagraphs (ii) and (iv).

Section 44B

amended. 14. Section 44B of the principal Act is amended

in subsection (3) by deleting the words "outside

Western Australia".

Section 46

amended. 15. Section 46 of the principal Act is amended

by inserting after subsection (7) the following

subsection-

" (8) A dentist or dental therapist when remitting to the Board the license fee payable under this section, shall also furnish to the Board in writing such particulars concerning the nature of his practice, the place or places at which he conducts his practice and his registration and qualifications as are pre- scribed, to enable the Board to plan education programmes and make manpower projec- tions. " .

Section 49

amended. 16. Section 49 of the principal Act is amended in subsection (2) by deleting "words "dental company," "dental institute," "dental hospital," "dental college," "college of dentistry," "school of dentistry," or any other words in which the word "dental" or "dentistry" appears." and substituting the following-

" description "dental company," "dental institute," "dental hospital," "dental college," "college of dentistry," "school of dentistry," or any other description in which the word "dental" or "dentistry" appears that implies or tends to the belief that the business or practice of dentistry is carried on in that place but this subsection does not prevent a dentist from taking, using, or having attached to or exhibited

1980.] Dental. [No. 94.

at any place a description referred to in sub-

section (1) of this section. " .

in paragraph (d) of subsection (1) by deleting amended. 17. Section 55 of the principal Act is amended Section 55

"female".