Dental Technicians and Dental Prosthetists Registration Act 1988 (ACT)
Dental Technicians and Dental Prosthetists Registration Act 1988 (repealed)
A1988-85
Republication No 11
Effective: 9 January 2007
Republication date: 9 January 2007
As repealed by A2004-38 s 136 (1) (b)
(republication for amendments by A2004-39 and
repeal by A2004-38)
Unauthorised version prepared by ACT Parliamentary Counsel’s Office
About this republication
The republished law
This is a republication of the Dental Technicians and Dental Prosthetists Registration Act 1988 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 9 January 2007.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
(a)if the person charged is an individual—$100; or
(b)if the person charged is a corporation—$500.
Dental Technicians and Dental Prosthetists Registration Act 1988 (repealed)
Contents
Page
Part 1Preliminary
Name of Act 2
Interpretation for Act 2
Dental prosthetic services 3
Part 2The Dental Technicians and Dental Prosthetists Board
Division 2.1 General
Establishment 6
Constitution 6
Membership 7
Executive officer 7
Deputy chairperson 7
Resignation 8
Removal from office 8
Leave of absence 9
Remuneration 9
Disclosure of interest 9
Impartiality of board 10
Protection of members 10
Division 2.2 Meetings
Meetings 10
Quorum 11
Presiding member 11
Notice of motion 11
Records of meetings 11
Voting 11
Part 3Registration
Registers 13
Applications for registration 13
Registration of individuals 13
Registration of companies 15
Attendance 16
Provisional registration 16
Temporary registration 17
Application of certain sections 18
Entries in registers 18
Certificate of registration 19
Annual registration fee 19
Change of address 20
Alteration of registers 20
Part 4Performance of dental technical work and provision of dental prosthetic services
Persons who may practise 22
Business names 23
Professional indemnity insurance—registered dental prosthetists 24
Performance of dental technical work 24
Recovery of fees 25
Review of accounts 26
Administration of deceased estate 27
Part 5Disciplinary procedures
Division 5.1 Cancellation and suspension
Cancellation or suspension 28
Inquiry by board 29
Effect of suspension 30
Application for re-registration 30
Division 5.2 Inquiries
Meaning of inquiry in div 5.2 30
Ministerial direction to hold inquiry 30
Notice 31
Constitution of board 31
Records 31
Procedure 31
Inquiries to be in public 32
Assistance 33
Representation 33
Powers of board 33
Inspection of documents 33
Decisions 34
Protection 34
Witness fees and travelling expenses 34
Offences—inquiries 35
Part 6Miscellaneous
Division 6.1 Review of board’s decisions
Review of decisions 36
Notification of decisions 36
Division 6.2 General
Inspection of register 37
Evidence 37
Offences 38
Publication of decisions 38
Publication of names etc of registered persons 39
Conduct of directors, servants and agents 39
Determination of fees 41
Approved forms 41
Regulation-making power 41
Endnotes
About the endnotes 42
Abbreviation key 42
Legislation history 43
Amendment history 45
Earlier republications 48
Dental Technicians and Dental Prosthetists Registration Act 1988 (repealed)
An Act to provide for the registration of persons engaged in the performance of dental technical work or the provision of dental prosthetic services, and for related purposes
Part 1Preliminary
Name of Act
This Act is the Dental Technicians and Dental Prosthetists Registration Act 1988.
Interpretation for Act
(1)In this Act:
NoteA definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
artificial denture includes a partial artificial denture.
board means the Dental Technicians and Dental Prosthetists Board established by section 5.
chairperson means the chairperson of the board.
dental prosthetic service—see section 4.
dental technical work means the making, altering, repairing or maintaining of—
(a)artificial dentures; and
(b)restorative or corrective dental appliances.
deputy chairperson means the deputy chairperson of the board.
fitting includes taking an impression or making a measurement for the purpose of inserting, constructing, repairing or maintaining an artificial denture.
member means a member of the board.
register means—
(a)the register of dental prosthetists; or
(b)the register of dental technicians;
as the case requires, kept under section 24.
registered means registered under this Act.
(2)For this Act—
(a)an individual shall be deemed to perform dental technical work or provide a dental prosthetic service if the work is performed, or the service is provided, by another person employed or engaged by the firstmentioned person in the course of a business carried on by that person; and
(b)a company shall be deemed to perform dental technical work or provide a dental prosthetic service if the work is performed, or the service provided, by a person employed or engaged by the company to perform dental technical work or provide dental prosthetic services, as the case may be.
(3)Nothing in this Act applies in relation to the carrying on by a person, in accordance with Territory laws, of the business or profession of dentist or doctor.
Dental prosthetic services
(1)For this Act but subject to this section—
dental prosthetic service means—
(a)advice or attention given for the purpose of, or in connection with, the fitting, insertion, construction, alteration, repair or maintenance of an artificial denture; and
(b)the fitting or insertion of an artificial denture in a healthy human mouth; and
(c)the construction, repair or maintenance of an artificial denture in connection with the exercise of a function referred to in paragraph (a) or (b).
(2)A dental prosthetic service does not include the fitting or insertion of an artificial denture if, in the proper practice of dentistry, it would be reasonably foreseen that, before any such work is begun, an adjustment of natural teeth or the jaw would be required for the purpose of—
(a)balancing the occlusion of natural teeth and the artificial denture; or
(b)preparing natural teeth or the jaw for the insertion of the artificial denture.
(3)For subsection (1), an artificial denture does not include—
(a)a fixed bridge; or
(b)an artificial denture—
(i)of which an intracoronal retainer forms part; or
(ii)to which an intracoronal retainer is attached; or
(iii)that is combined with an obturator.
(4)For subsection (1), a human mouth is not healthy if—
(a)the jaws are apparently—
(i)damaged and not completely healed; or
(ii)diseased; or
(b)the mouth contains any soft tissue that is apparently—
(i)damaged and not completely healed; or
(ii)diseased; or
(c)the mouth contains any teeth that are apparently—
(i)carious; or
(ii)damaged and not completely healed; or
(iii)diseased.
Part 2The Dental Technicians and Dental Prosthetists Board
Division 2.1 General
Establishment
(1)There is established by this section a board by the name of the Dental Technicians and Dental Prosthetists Board.
(2)The board—
(a)is a body corporate with perpetual succession; and
(b)shall have a common seal; and
(c)may sue and be sued in its corporate name.
(3)All courts, judges and persons acting judicially shall take judicial notice of the seal of the board attached to a document and shall presume that it was duly attached.
Constitution
(1)The board shall consist of—
(a)the chairperson and 2 other members, each of whom is a registered dental prosthetist; and
(b)2 members, other than the members referred to in paragraph (a), each of whom is a registered dental technician; and
(c)1 member who is not entitled to be registered under this Act or by a health professions board.
(2)For subsection (1) (c), health professions board means a board within the meaning of the Health Professions Boards (Procedures) Act 1981.
Membership
Each member—
(a)shall be appointed in writing by the Minister; and
(b)subject to this Act, holds office for the period, not exceeding 3 years, and on the terms and conditions, specified in the instrument of appointment.
Executive officer
The chairperson shall be the executive officer of the board.
Deputy chairperson
(1)The members shall, from time to time, as occasion requires, elect one of their number to be the deputy chairperson.
(2)The chairperson shall inform the Minister in writing of the election of the deputy chairperson.
(3)The deputy chairperson—
(a)holds office for 12 months from the date of the election, unless he or she sooner ceases to be a member; and
(b)is eligible for re-election.
(4)The deputy chairperson may resign the office of deputy chairperson in writing signed by the deputy chairperson and delivered to the chairperson.
(5)The deputy chairperson may act as the chairperson during any period when the chairperson is temporarily unable to exercise the functions of the office of chairperson.
(6)While the deputy chairperson is acting in the office of chairperson, the deputy chairperson has and may exercise all the functions of the chairperson.
Resignation
The chairperson or any other member may resign the office of chairperson or member by writing signed by the chairperson or member and delivered to the Minister.
Removal from office
(1)The Minister may remove a member from office for misbehaviour or physical or mental incapacity.
(2)The Minister shall remove a member from office if the member—
(a)becomes bankrupt, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or
(b)is convicted in the ACT or in a State or another Territory of an offence punishable on conviction by imprisonment for 1 year or more; or
(c)is absent without leave under section 12 from 3 consecutive meetings of the board; or
(d)for a member referred to in section 6 (1) (a) or (b)—ceases to be a registered dental prosthetist or a registered dental technician, as the case requires; or
(e)fails, without reasonable excuse, to comply with section 14.
Leave of absence
(1)The Minister may grant leave of absence to the chairperson on the terms and conditions as the Minister determines in writing.
(2)The chairperson may grant leave of absence to another member for the period, not exceeding 1 year, and on the terms and conditions that the chairperson determines in writing.
Remuneration
(1)Subject to this section, a member is not entitled to remuneration in relation to any duties or functions performed in his or her capacity as a member.
(2)The board shall reimburse a member for any expenses reasonably incurred by the member in the exercising of the member’s duties or functions.
(3)A member is entitled to remuneration for time spent sitting on the board for the hearing of an inquiry under section 45 or 49.
Disclosure of interest
(1)A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the board shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest at a board meeting.
(2)A disclosure shall be recorded in the minutes of the meeting and the member shall not, unless the Minister or the board otherwise determines—
(a)be present during any deliberation of the board in relation to that matter; or
(b)take part in any decision of the board in relation to that matter.
(3)A member referred to in subsection (2) shall not—
(a)be present during any deliberation of the board for the purpose of considering whether to make a determination under that subsection in relation to that member; or
(b)take part in the making by the board of a determination.
Impartiality of board
Subject to this Act, a member shall not be subject to the direction of any person in relation to any act or thing done in his or her capacity as a member.
Protection of members
An action (other than an action in negligence) or other proceeding, civil or criminal, does not lie against a member for or in relation to any act done in good faith in his or her capacity as a member.
Division 2.2 Meetings
Meetings
(1)The board shall hold the meetings necessary for the exercise of its functions.
(2)The chairperson may, at any time, by written notice to the other members, call a meeting at the time and place specified in the notice.
(3)The Minister may, by written notice to each member, direct that a meeting be held at the time and place specified in the notice.
(4)If, at any time, a majority of the members requests the chairperson in writing to call a meeting, the chairperson shall call a meeting in accordance with the request.
(5)The board may invite any person to attend a meeting for the purpose of advising or informing the board on any matter.
Quorum
At a meeting, 4 members constitute a quorum.
Presiding member
(1)The chairperson shall preside at all meetings at which he or she is present.
(2)If the chairperson and the deputy chairperson are absent from a meeting, the members present shall elect 1 of their number to preside.
Notice of motion
(1)A motion shall not be proposed at a meeting unless written notice of the motion has been given to the chairperson at least 7 days before the date of the meeting.
(2)Particulars of the notice shall be included in the notice calling the meeting at which the motion is to be considered.
Records of meetings
The board shall keep a record of its proceedings.
Voting
(1)A question arising at a meeting shall be determined by a majority of votes of the members present and voting.
(2)Voting shall be—
(a)by show of hands; or
(b)if a vote by ballot is requested by a member present—by ballot.
(3)If the chairperson is presiding at a meeting, he or she has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
(4)If—
(a)the chairperson and the deputy chairperson are absent from a meeting; and
(b)the members present do not agree on a question;
the determination of that question shall be postponed until the next meeting.
Part 3Registration
Registers
The board shall keep—
(a)a register to be called the register of dental technicians; and
(b)a register to be called the register of dental prosthetists.
Applications for registration
An applicant for registration under this part must give the board a completed application form.
Note 1 A fee may be determined under s 73 (Determination of fees) for this section.
Note 2 If a form is approved under s 74 (Approved forms) for an application, the form must be used.
Registration of individuals
(1)The board shall, on application by an individual for registration as a dental technician, register the person accordingly if satisfied that—
(a)the applicant is entitled to practise as a dental technician in a State or another Territory under a law of that State or Territory relating to the performance of dental technical work; or
(b)the applicant has completed, to the board’s satisfaction, an approved course of instruction or an examination conducted by, or on behalf of, the board.
(2)The board shall, on application by an individual for registration as a dental prosthetist, register the person accordingly if satisfied that—
(a)the applicant is a registered dental technician; and
(b)the applicant—
(i)is entitled to practise as a dental prosthetist in a State or another Territory under a law of that State or Territory relating to the provision of dental prosthetic services; or
(ii)has completed, to the board’s satisfaction, an approved course of instruction or an examination conducted by, or on behalf of, the board.
(3)The board shall not register an applicant as a dental prosthetist if satisfied that the applicant does not, or will not, have professional indemnity insurance in relation to dental prosthetic services provided by that applicant otherwise than as an employee or agent.
(4)The board shall not register an applicant if satisfied that the applicant—
(a)does not have an adequate knowledge of the English language; or
(b)is not domiciled in Australia; or
(c)is not otherwise a fit and proper person to be registered.
(5)The Minister may, in writing and on the recommendation of the board, approve a course of instructions.
(6)An approval is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
(7)In this section:
approved course of instruction means a course of instruction that is approved under subsection (5).
Registration of companies
(1)The board shall, on application by a company for registration as a dental technician, register the company accordingly if satisfied that—
(a)the company is not prohibited by its memorandum of association from carrying on business as a dental technician; and
(b)at least 1 of its directors is a registered dental technician; and
(c)the controlling interest in the company is held by 1 or more registered dental technicians.
(2)The board shall, on application by a company for registration as a dental prosthetist, register the company accordingly if satisfied that—
(a)the company is not prohibited by its memorandum of association from carrying on business as a dental prosthetist; and
(b)at least 1 of its directors is a registered dental prosthetist; and
(c)the controlling interest in the company is held by 1 or more registered dental prosthetists.
(3)The board shall not register a company as a dental prosthetist if satisfied that the company does not, or will not, have professional indemnity insurance in relation to dental prosthetic services provided by that company.
Attendance
(1)The board may, by written notice, require an applicant for registration (including provisional or temporary registration) to give the board either orally or in writing, the further information relating to the application that is specified in the notice.
Note It is an offence to make a false or misleading statement or give false or misleading information (see Criminal Code, pt 3.4).
(2)The board may require—
(a)an applicant who is an individual; or
(b)if the applicant is a company—a director of the company;
to attend before the board for the purpose of giving the information.
(3)If the applicant or director fails to give information, or attend, as required, the board may refuse the application.
Provisional registration
(1)The board may provisionally register an applicant for registration if the applicant applies also for provisional registration.
(2)Subject to subsection (3), a person ceases to be provisionally registered at the end of the 3 months beginning on the date of provisional registration.
(3)If within that 3 months the board makes a decision on the application for registration, the provisional registration ceases—
(a)if the board registers the applicant—on registration; and
(b)if the board refuses to register the applicant—at the end of the date when the applicant is notified in accordance with section 64 of the decision.
(4)Provisional registration is not renewable.
Temporary registration
(1)The board may, on application by a person for temporary registration as a dental technician, register the person accordingly if satisfied that the applicant—
(a)is entitled to practise as a dental technician in a State or another Territory under a law of that State or Territory relating to the performance of dental technical work; and
(b)intends to perform dental technical work in the ACT on behalf of a registered dental technician.
(2)The board may, on application by a person for temporary registration as a dental prosthetist, register the person accordingly if satisfied that the applicant—
(a)is entitled to practise as a dental prosthetist in a State or another Territory under a law of that State or Territory relating to the provision of dental prosthetic services; and
(b)intends to provide dental prosthetic services in the ACT on behalf of a registered dental prosthetist.
(3)The board shall not register an applicant if satisfied that the applicant—
(a)does not have an adequate knowledge of the English language; or
(b)is not domiciled in Australia; or
(c)is not otherwise a fit and proper person to be registered.
(4)Temporary registration shall remain in force for the 3 months after the date of registration and may, on application, be renewed for a further 3 months.
Note A fee may be determined under s 73 (Determination of fees) for this subsection.
(5)The board shall not register, or renew the registration of, an applicant who has been temporarily registered for a period of, or periods that amount to, 6 months during the period of 24 months immediately before the date when the application is made.
Application of certain sections
A person who is provisionally or temporarily registered shall be deemed to be registered for sections 32, 33, 35 and 36, part 4 and section 44.
Entries in registers
(1)Registration shall be effected by entering in the appropriate register—
(a)for an individual—
(i)the name of the person; and
(ii)his or her professional address in the ACT or, if the person has no professional address in the ACT, his or her place of residence, whether within or outside the ACT; and
(iii)the qualifications of the person; and
(b)for a company—
(i)the name of the company; and
(ii)the address where the company carries on business in the ACT or, if the company does not carry on business in the ACT, the registered office of the company, whether within or outside the ACT; and
(iii)the names of the directors and members of the company who are registered; and
(c)the registration number allotted to the person; and
(d)the date of registration.
(2)An entry in a register shall be signed by the chairperson.
Certificate of registration
(1)The board shall issue a certificate of registration to a person who is registered.
(2)A certificate is evidence that the person specified in the certificate was registered as a dental technician or dental prosthetist, as the case may be, on the date specified in the certificate.
(3)If a certificate issued under subsection (1) to a registered person has been stolen, lost or destroyed, the board must, on application by the person, issue a duplicate certificate.
Note A fee may be determined under s 73 (Determination of fees) for this section.
(4)If a person ceases to be registered, the board may, by written notice served on the person, require the person, within 14 days after the date of the notice, to give the board the certificate relating to that person.
(5)A person shall not, without reasonable excuse, fail to comply with a notice given under subsection (4).
Maximum penalty: 5 penalty units.
Annual registration fee
(1) On or before 1 September in each year, a registered person must pay to the board the annual registration fee determined under section 73 (Determination of fees) for this section for the year.
(2)If a person fails to comply with subsection (1), the board shall serve the person with a notice—
(a)requiring the person to pay the fee within 1 month after the date of the notice; and
(b)advising the person that the person’s registration will be cancelled if the person fails to comply with the notice.
(3)The board shall cancel the registration of a person who fails to comply with the notice.
(4)A person whose registration has been cancelled under subsection (3) for failure to pay the annual registration fee determined under section 73 for a year is entitled to be re-registered if the person pays the fee within 1 year after the cancellation.
Change of address
If a registered person—
(a)changes the address entered in the appropriate register under section 32; or
(b)establishes, or ceases to have—
(i)for an individual—a professional address in the ACT; or
(ii)for a company—an address where the company carries on business in the ACT;
the person shall within 1 month after the change, establishment or cessation notify the chairperson in writing.
Maximum penalty: 5 penalty units.
Alteration of registers
The board—
(a)shall remove from the appropriate register the name of a person—
(i)if the person has died; or
(ii)if the person has ceased to be registered; or
(iii)if the person is a company—if the company has been wound up; and
(b)shall—
(i)at the request of a registered person; or
(ii)on its own initiative;
make the alterations to particulars in the appropriate register that are necessary.
Note A fee may be determined under s 73 (Determination of fees) for this section.
Part 4Performance of dental technical work and provision of dental prosthetic services
Persons who may practise
(1)A person other than a registered dental technician shall not—
(a)perform, for fee or reward, dental technical work; or
(b)take or use, either alone or in combination with any other words or letters, the name or title of a dental technician or a name, title, addition or description (including initials or letters placed after the person’s name) indicating or implying that the person is a registered dental technician or that the person performs, or is qualified to perform, dental technical work; or
(c)by advertisement or otherwise, purport to be qualified or authorised to perform dental technical work or purport to be a person who performs dental technical work.
Maximum penalty:
(a)for paragraph (a)—50 penalty units, imprisonment for 6 months or both;
(b)for paragraph (b) or (c)—30 penalty units.
(2)A person other than a registered dental prosthetist shall not—
(a)provide, for fee or reward, a dental prosthetic service; or
(b)take or use, either alone or in combination with any other words or letters, the name or title of a dental prosthetist or a name, title, addition or description (including initials or letters placed after the person’s name) indicating or implying that the person is a registered dental prosthetist or that the person provides, or is qualified to provide, dental prosthetic services; or
(c)by advertisement or otherwise, purport to be qualified or authorised to provide dental prosthetic services or purport to be a person who provides dental prosthetic services.
Maximum penalty:
(a)for paragraph (a)—50 penalty units, imprisonment for 6 months or both;
(b)for paragraph (b) or (c)—30 penalty units.
(3)A registered person shall not perform dental technical work or provide a dental prosthetic service under a name other than the name under which the person is registered.
Maximum penalty: 50 penalty units.
(4)In proceedings for an offence against subsection (1), (2) or (3), a certificate given by the chairperson that—
(a)the person named in the certificate is not registered; or
(b)the person named in the certificate is registered as a dental technician or dental prosthetist under that name;
is evidence of that fact.
Business names
(1)A registered person shall not carry on business as a dental technician or dental prosthetist under a business name, that includes a name, title, addition or description (initials or letters placed after the person’s name excepted) indicating or implying that the person is carrying on such a business, other than—
(a)for a registered dental technician who is not a registered dental prosthetist—‘Dental Technician’ or ‘Dental Laboratory’; or
(b)for a registered dental prosthetist—‘Dental Prosthetist’ or ‘Denture Clinic’.
Maximum penalty: 30 penalty units.
(2)In this section:
business name—see the Business Names Act 1963.
Professional indemnity insurance—registered dental prosthetists
(1)A registered dental prosthetist shall not provide a dental prosthetic service unless the prosthetist has professional indemnity insurance that relates to that service.
Maximum penalty: 50 penalty units.
(2)Subsection (1) does not apply to a registered dental prosthetist who provides that service as an employee or agent.
Performance of dental technical work
A registered dental technician who is not a registered dental prosthetist shall not perform dental technical work other than on the order of—
(a)a dentist; or
(b)a registered dental prosthetist.
Maximum penalty: 50 penalty units.
NoteIf a form is approved under s 74 (Approved forms) for an order, the form must be used.
Recovery of fees
(1)A person is not entitled to begin an action for the recovery of fees or remuneration for dental technical work performed or a dental prosthetic service provided, unless the person was—
(a)at the time the person performed the work, a registered dental technician; or
(b)at the time the person provided the service, a registered dental prosthetist.
(2)A person is not entitled to begin proceedings for the recovery of fees or remuneration for dental technical work performed for, or a dental prosthetic service provided to, another person or a dependant of that person unless—
(a)an account for the fees or remuneration has been served on that other person; and
(b)the account is unpaid—
(i)if that other person has applied for a review of the account under section 42 (1)—at the end of 3 months after the date when a certificate under section 42 (2) was issued; or
(ii)in any other case—at the end of 3 months after the date of service.
(3)An account shall specify—
(a)the amount claimed; and
(b)a description of the work performed or service provided; and
(c)the date when the work was performed or the service provided; and
(d)the name of the person for whom the work was performed or to whom the service was provided.
Review of accounts
(1)A person on whom an account is served under section 41 (2) (a) may, within 1 month after the date of service, apply in writing to the board for a review of the account.
(2)The board shall, on receipt of an application, review the account and certify, by writing signed by the chairperson, the amount that, in the opinion of the board, is a reasonable amount of fees or remuneration for the dental technical work performed or dental prosthetic service provided.
(3)The board shall set out in the certificate the facts on which the certification is based.
(4)The board may request a person to give the information it considers necessary or desirable for the purposes of a review and may specify the time within which the information is to be given.
(5)If a person fails to give the information within the time specified, the board may review the account without the information.
(6)The board shall give the parties to an application any information given under subsection (4).
(7)When reviewing an account, the board shall have regard to—
(a)the time occupied performing the work or providing the service; and
(b)the nature of the work performed or service provided; and
(c)any other circumstances submitted by the person who performed the work or provided the service.
(8)The board shall serve a copy of the certificate on the person who performed the work or provided the service.
(9)In proceedings for the recovery of fees or remuneration, the certificate of the board is evidence that the amount so certified is a reasonable amount of fees or remuneration for the work performed or service provided.
Administration of deceased estate
On the death of a registered person who was at the time of death carrying on business as a dental technician or dental prosthetist, an executor, administrator or trustee of the estate may continue the business for 6 months or for any longer period that the board, on application by the executor, administrator or trustee, permits, if—
(a)the dental technical work performed in the business is performed by a registered dental technician; and
(b)the dental prosthetic services provided in the business are provided by a registered dental prosthetist.
Part 5Disciplinary procedures
Division 5.1 Cancellation and suspension
Cancellation or suspension
(1)The board may cancel the registration of a person whose registration has been obtained by fraud or misrepresentation.
(2)The board may cancel the registration of an individual—
(a)for a registered dental technician—whose entitlement to practice as a dental technician in a State or another Territory has been cancelled or suspended on a ground other than the nonpayment of a fee; or
(b)for a registered dental prosthetist—
(i)whose registration as a dental technician has been cancelled or suspended on a ground other than the nonpayment of a fee; or
(ii)whose entitlement to practise as a dental prosthetist in a State or another Territory has been cancelled or suspended on a ground other than the nonpayment of a fee; or
(c)for a registered dental prosthetist to whom section 39 (1) applies—who fails to maintain professional indemnity insurance in relation to dental prosthetic services provided by the prosthetist otherwise than as an employee or agent; or
(d)who, for a person whose registration is suspended, is convicted of an offence against section 37; or
(e)who is convicted in the ACT or elsewhere of an offence punishable by imprisonment for 1 year or longer; or
(f)who is habitually drunk or is addicted to a drug; or
(g)who is otherwise unfit to perform dental technical work or provide dental prosthetic services, as the case may be.
(3)The board may cancel the registration of a company if the company has ceased to comply with the requirements of—
(a)for a registered dental technician—section 27 (1) (a), (b) or (c); and
(b)for a registered dental prosthetist—section 27 (2) (a), (b) or (c).
(4)For a person to whom subsection (2) (a), (b), (c), (e), (f) or (g) applies, the board may, instead of cancelling the registration—
(a)suspend the person’s registration for the period it considers appropriate; or
(b)reprimand the person.
(5)Subject to subsection (6), the board shall, on receipt of a written request by a registered person, cancel or suspend the person’s registration.
(6)The board may refuse a request by a registered person to whom an inquiry under section 45 relates or if an inquiry under that section is pending.
Inquiry by board
(1)The board shall hold an inquiry before—
(a)cancelling a person’s registration under section 44 (1), (2) or (3); or
(b)suspending a person’s registration, or reprimanding a person, under section 44 (4).
(2)Pending the holding of an inquiry, the board may suspend the registration of the person to whom the inquiry relates.
Effect of suspension
A person whose registration is suspended shall, during the period of the suspension, be deemed not to be registered.
Application for re-registration
(1)A person whose registration—
(a)has been cancelled, other than under section 34 (3); or
(b)is suspended, other than under section 45 (2);
may apply in writing to the board for re-registration or termination of the suspension on the ground that, because of a specified change in circumstances that has occurred since the date of the cancellation or suspension, the person should be re-registered or the suspension should be terminated.
(2)The board shall, if satisfied that, because of the specified change in circumstances, the person should be re-registered or the suspension should be terminated, re-register the person or terminate the suspension.
Division 5.2 Inquiries
Meaning of inquiry in div 5.2
In this division:
inquiry means an inquiry under section 45 or 49.
Ministerial direction to hold inquiry
(1)The Minister may, by written notice to the chairperson, direct the board to hold an inquiry in relation to a matter referred to in section 44 (1), (2) or (3).
(2)If the Minister gives a direction, the board shall conduct an inquiry.
(3)Nothing in this section shall be construed as limiting the board’s power to hold an inquiry without a direction from the Minister.
Notice
(1)The board shall serve written notice that an inquiry is to be held on each party to the inquiry.
(2)The notice shall—
(a)state the date, time and place of the inquiry; and
(b)identify the ground under section 44 (1), (2) or (3) on which the inquiry is to be held; and
(c)contain a statement of the matters to be considered at the inquiry; and
(d)be served on each party to the inquiry at least 30 days before the date of the inquiry.
Constitution of board
(1)At an inquiry, a quorum is constituted by—
(a)the chairperson; and
(b)at least 3 other members.
(2)The chairperson shall preside at an inquiry.
Records
The board shall keep a record of its proceedings.
Procedure
(1)An inquiry shall be conducted with as little formality and technicality, and with as much expedition, as is practicable to permit a proper consideration of the matters before the board.
(2)In an inquiry the board is not bound by the rules of evidence but may inform itself of any matter in the way it considers appropriate.
(3)Subject to this Act, the chairperson may give directions as to the procedure to be followed in relation to an inquiry.
Inquiries to be in public
(1)Subject to subsection (2), an inquiry shall be in public.
(2)If the board is satisfied that it is desirable to do so because of the confidential nature of any evidence or matter or for any other reason, the board may—
(a)direct that an inquiry take place in private and give directions as to the persons who may be present; and
(b)give directions prohibiting or restricting the publication of—
(i)evidence given at an inquiry, whether in public or in private; or
(ii)matters contained in documents produced at an inquiry; and
(c)give directions prohibiting or restricting the disclosure to some or all of the parties to an inquiry of—
(i)evidence given at the inquiry; or
(ii)the contents of a document produced at the inquiry.
(3)A person shall not fail to comply with a direction given by the board under subsection (2) (b) or (c).
Maximum penalty: 50 penalty units.
Assistance
(1)The Minister may appoint a lawyer to assist the board at an inquiry.
(2)The chairperson may appoint a person other than a lawyer to assist the board at an inquiry.
Representation
(1)A party to an inquiry may be represented by another person.
(2)The board may, at the request of a person summoned under section 57 (1) (c), allow the person to be represented by another person.
Powers of board
(1)At an inquiry, the board may—
(a)require a person to give evidence on oath or affirmation and, for that purpose, a member may administer an oath or affirmation; and
(b)proceed in the absence of a party who has been served with a notice under section 50; and
(c)summon a person, by written notice signed by the chairperson, to attend the inquiry at the time and place specified in the notice—
(i)to give evidence; or
(ii)to produce the documents (if any) specified in the summons.
(2)The board may adjourn an inquiry from time to time.
Inspection of documents
(1)A member may—
(a)inspect any document produced at an inquiry; and
(b)make copies of, or take extracts from, any part of the document that is relevant to the inquiry.
(2)The board may, for the purposes of an inquiry, take and keep for as long as is necessary possession of a document produced at an inquiry.
Decisions
At the conclusion of an inquiry, the board shall make a decision according to the opinion of—
(a)the majority of the members present at the inquiry; or
(b)if there is no majority—the chairperson.
Protection
(1)A person who represents a party at an inquiry has the same protection and immunity as a barrister appearing for a party in proceedings in the Supreme Court.
(2)A witness appearing at an inquiry has the same protection as a witness in proceedings in the Supreme Court.
Witness fees and travelling expenses
(1)This section applies to a person (the witness) who attends a hearing of the board to give evidence (whether voluntarily or under a summons).
(2)The witness is entitled to receive the fees and travelling expenses that the presiding member directs in accordance with the scale and conditions applying to people who attend as witnesses before the Supreme Court.
NoteFor the Supreme Court scale, see Supreme Court Rules, sch 3, pt 3.8.
(3)The fees and expenses are payable by—
(a)if the witness attended at the request of a board member—the Territory; or
(b)in any other case—the person who requested the attendance of the witness.
Offences—inquiries
(1)A person served with a summons under section 57 (1) (c) shall not fail, without reasonable excuse—
(a)to attend the inquiry as required by the summons; or
(b)to produce a document that is specified in the summons.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person appearing as a witness at an inquiry shall not fail, without reasonable excuse—
(a)to be sworn or to make an affirmation; or
(b)to answer a question that the person is required by a member to answer.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)A statement or disclosure made before the board by a person is not, except in proceedings for giving false testimony at an inquiry, admissible in evidence against the person in civil or criminal proceedings.
Part 6Miscellaneous
Division 6.1 Review of board’s decisions
Review of decisions
Application may be made to the administrative appeals tribunal for a review of a decision of the board—
(a)refusing to register a person under section 26, 27 or 30; or
(b)refusing an application under section 43; or
(c)cancelling a person’s registration under section 44 (1), (2) or (3); or
(d)suspending a person under section 44 (4); or
(e)reprimanding a person under section 44 (4); or
(f)refusing to—
(i)re-register a person; or
(ii)terminate a person’s suspension;
under section 47 (2).
Notification of decisions
(1)If the board makes a decision of a kind referred to in section 63, the board shall give written notice of the decision to—
(a)for a decision of the kind referred to in section 63 (c), (d) or (e)—each party to the relevant inquiry; and
(b)in any other case—the person in relation to whom the decision was made.
(2)A notice under subsection (1) shall be in accordance with the requirements of the code of practice in force under the Administrative Appeals Tribunal Act 1989, section 25B (1).
Division 6.2 General
Inspection of register
(1)A person may—
(a)inspect an entry in a register; or
(b)obtain a certified copy of an entry.
(2)The board may, on request by a registration authority and without payment by the registration authority of a fee, give a certified copy of an entry in a register to the registration authority.
(3)In subsection (2):
registration authority means a person or body empowered by or under a law of a State or another Territory or of a foreign country to register dental technicians or dental prosthetists or otherwise to authorise the performance of dental technical work or the provision of dental prosthetic services.
Evidence
(1)A document that purports to be signed by the chairperson shall be taken to have been so signed unless the contrary is proved.
(2)A document that purports to be—
(a)a record of the terms of a decision of the board; and
(b)certified by the chairperson to be a true record of the decision;
is, in any proceedings, evidence of the decision.
Offences
A person shall not—
(a)insult a member in relation to the exercise of the member’s functions; or
(b)interrupt an inquiry; or
(c)create a disturbance, or take part in creating or continuing a disturbance, in or near where the board is holding an inquiry.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
Publication of decisions
(1)If—
(a)a decision of the kind referred to in section 63 (c), (d) or (e) has been made by the board or affirmed by the administrative appeals tribunal; and
(b)the chairperson believes on reasonable grounds that it is in the public interest to do so;
the chairperson may prepare a written notice of the decision and the reasons for the decision, including the findings on material questions of fact.
(2)The notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
(3)The notice must not be notified until—
(a)for a decision of the board in relation to which an application under section 63 has been made—
(i)the application has been withdrawn; or
(ii)the administrative appeals tribunal has given its decision on the application;
whichever occurs first; and
(b)in any other case—the period within which an application under section 63 may be made has ended.
Publication of names etc of registered persons
(1)As soon as practicable after 1 September in each year, the board must prepare a written notice containing, in relation to each registered person, the person’s name and—
(a)for an individual—the person’s professional address in the ACT; or
(b)for a company that carries on business from an address in the ACT—that address.
(2)The notice is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Conduct of directors, servants and agents
(1)If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of a company in relation to particular conduct, it is sufficient to show—
(a)that the conduct was engaged in by a director, servant or agent of the company within the scope of his or her actual or apparent authority; and
(b)that the director, servant or agent had the state of mind.
(2)Any conduct engaged in on behalf of the company by a director, servant or agent of the company within the scope of his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the company unless the company establishes that the company took reasonable precautions and exercised due diligence to avoid the conduct.
(3)If, in proceedings for an offence against this Act, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show—
(a)that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and
(b)that the servant or agent had the state of mind.
(4)Any conduct engaged in on behalf of an individual by a servant or agent of the person within the scope or his or her actual or apparent authority shall be taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in also by the firstmentioned person unless the firstmentioned person establishes that the firstmentioned person took reasonable precautions and exercised due diligence to avoid the conduct.
(5)If—
(a)an individual is convicted of an offence; and
(b)the person would not have been convicted of the offence if subsections (3) and (4) had not been made;
the person is not liable to be punished by imprisonment for that offence.
(6)A reference in subsection (1) or (3) to the state of mind of a person includes a reference to—
(a)the knowledge, intention, opinion, belief or purpose of the person; and
(b)the person’s reasons for the intention, opinion, belief or purpose.
(7)A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
Note The Legislation Act 2001 contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Approved forms
(1)The board may, in writing, approve forms for this Act.
(2)If the board approves a form for a particular purpose, the approved form must be used for that purpose.
NoteFor other provisions about forms, see Legislation Act 2001, s 255.
(3)An approved form is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act 2001.
Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
Endnotes
About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
Abbreviation key
am = amended ord = ordinance amdt = amendment orig = original ch = chapter par = paragraph/subparagraph def = definition pres = present dict = dictionary prev = previous disallowed = disallowed by the Legislative (prev...) = previously Assembly pt = part div = division r = rule/subrule exp = expires/expired renum = renumbered Gaz = Gazette reloc = relocated hdg = heading R[X] = Republication No IA = Interpretation Act 1967 RI = reissue ins = inserted/added s = section/subsection LA = Legislation Act 2001 sch = schedule LR = legislation register sdiv = subdivision LRA = Legislation (Republication) Act 1996 sub = substituted mod = modified/modification SL = Subordinate Law o = order underlining = whole or part not commenced om = omitted/repealed or to be expired
Legislation history
This Act was originally a Commonwealth ordinance—the Dental Technicians and Dental Prosthetists Registration Ordinance 1988 No 85 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).
Legislation before becoming Territory enactment
Dental Technicians and Dental Prosthetists Registration Act 1988 No 85
notified 21 December 1988
commenced 22 December 1988 (s 2 and Cwlth Gaz 1988 No S401)as amended by
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)Legislation after becoming Territory enactment
Administrative Appeals (Consequential Amendments) Act 1994 No 60 sch 1
notified 11 October 1994 (Gaz 1994 No S197)
s 1, s 2 commenced 11 October 1994 (s 2 (1))
sch 1 commenced 14 November 1994 (s 2 (2) and see Gaz 1994 No S250)Statute Law Revision (Penalties) Act 1994 No 81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)Annual Reports (Government Agencies) (Consequential Provisions) Act 1995 No 25 sch
notified 5 September 1995 (Gaz 1995 No S212)
commenced 5 September 1995 (s 2)Legal Practitioners (Consequential Amendments) Act 1997 No 96 sch 1
notified 1 December 1997 (Gaz 1997 No S380)
s 1, s 2 commenced 1 December 1997 (s 2 (1))
sch 1 commenced 1 June 1998 (s 2 (2))Dental Technicians and Dental Prosthetists Registration (Amendment) Act 1997 No 107
notified 24 December 1997 (Gaz 1997 No S420)
commenced 24 December 1997 (s 2)Dental Technicians and Dental Prosthetists Registration (Amendment) Act (No 2) 1997 No 111
notified 24 December 1997 (Gaz 1997 No S420)
commenced 24 December 1997 (s 2)Legislation (Consequential Amendments) Act 2001 No 44 pt 100
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 100 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)Statute Law Amendment Act 2002 No 30 pt 3.17
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.17 commenced 17 September 2002 (s 2 (1))Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 2 pt 2.25
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.25 commenced 9 April 2004 (s 2 (1))Health Professionals Legislation Amendment Act 2004 A2004-39 sch 4 pt 4.1
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))sch 4 pt 4.1 commenced 9 January 2007 (s 2 and see Health Professionals Act 2004 A2004-38, s 2 as am by A2005-28 amdt 1.1; A2006-27 s 12)
Court Procedures (Consequential Amendments) Act 2004 A2004-60 sch 1 pt 1.20
notified LR 2 September 2004
s 1, s 2 commenced 2 September 2004 (LA s 75 (1))sch 1 pt 1.20 commenced 10 January 2005 (s 2 and see Court Procedures Act 2004 A2004-59, s 2 and CN2004-29)
as repealed by
Health Professionals Act 2004 A2004-38 s 136 (1) (b)
notified LR 8 July 2004
s 1, s 2 commenced 8 July 2004 (LA s 75 (1))s 136 (1) (b) commenced 9 January 2007 (s 2 as am by A2005-28 amdt 1.1; A2006-27 s 12)
Amendment history
Commencement
s 2om 2001 No 44 amdt 1.1057
Interpretation for Act
s 3def determined fee om 2001 No 44 amdt 1.1058
def tribunal sub 1989 No 38 sch 1
om 1994 No 60 sch 1
General
div 2.1 hdg(prev pt 2 div 1 hdg) renum R4 LA
Membership
s 7am 1997 No 107 s 4
Remuneration
s 13am 1997 No 111 s 4
Annual reports
s 17om 1995 No 25 sch
Meetings
div 2.2 hdg(prev pt 2 div 2 hdg) renum R4 LA
Applications for registration
s 25sub 2001 No 44 amdt 1.1059
Registration of individuals
s 26am 2001 No 44 amdt 1.1060
Attendance
s 28am A2004-15 amdt 2.52
Temporary registration
s 30am 2001 No 44 amdt 1.1061, amdt 1.1062
Certificate of registration
s 33am 1994 No 81 sch; 2001 No 44 amdt 1.1063
Annual registration fee
s 34 hdgsub 2001 No 44 amdt 1.1064
s 34am 2001 No 44 amdts 1.1065-1.1067
Change of address
s 35am 1994 No 81 sch
Alteration of registers
s 36am 2001 No 44 amdt 1.1068, amdt 1.1069
Persons who may practise
s 37am 1994 No 81 sch
Business names
s 38am 1994 No 81 sch
Professional indemnity insurance—registered dental prosthetists
s 39am 1994 No 81 sch
Performance of dental technical work
s 40am 1994 No 81 sch; 2001 No 44 amdts 1.1070-1.1072; A2004-39 amdt 4.1
Recovery of fees
s 41am A2004-60 amdt 1.137, amdt 1.138
(4), (5) exp 1 July 2006 (s 41 (5))
Cancellation and suspension
div 5.1 hdg(prev pt 5 div 1 hdg) renum R4 LA
Inquiries
div 5.2 hdg(prev pt 5 div 2 hdg) renum R4 LA
Meaning of inquiry in div 5.2
s 48am 1997 No 96 sch 1
Inquiries to be in public
s 54am 1994 No 81 sch
Assistance
s 55am 1989 No 38 sch 1; 1997 No 96 sch 1
Protection
s 60am 1997 No 96 sch 1
Witness fees and travelling expenses
s 61sub 2002 No 30 amdt 3.215
Offences—inquiries
s 62am 1994 No 81 sch
Review of board’s decisions
div 6.1 hdg(prev pt 6 div 1 hdg) renum R4 LA
Review of decisions
s 63am 1994 No 60 sch 1
Notification of decisions
s 64am 1989 No 38 sch 1; 1994 No 60 sch 1
General
div 6.2 hdg(prev pt 6 div 2 hdg) renum R4 LA
False statements
s 65am 1994 No 81 sch
om A2004-15 amdt 2.53
Inspection of register
s 66am 2001 No 44 amdt 1.1073
Offences
s 68am 1994 No 81 sch
Publication of decisions
s 69am 1994 No 60 sch 1; 2001 No 44 amdts 1.1074-1.1076
Publication of names etc of registered persons
s 70sub 2001 No 44 amdt 1.1077
Penalties for companies
s 72om R4 LA
Determination of fees
s 73sub 2001 No 44 amdt 1.1078
Approved forms
s 74am 1989 No 38 sch 1
sub 2001 No 44 amdt 1.1078
Transitional
pt 7 hdgom 2001 No 44 amdt 1.1079
Regulation-making power
s 75om 2001 No 44 amdt 1.1079
ins 2001 No 44 amdt 1.1078
First board members
s 76om 2001 No 44 amdt 1.1079
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No
Amendments to
Republication date
1 Ord 1989 No 38 31 May 1991 2 Act 1994 No 81 31 January 1995 3 Act 1997 No 111 1 June 1998 4 Act 2001 No 44 13 June 2002 5 A2002-30 9 October 2002 6 A2004-15 9 April 2004 7 A2004-60 10 January 2005 8 A2004-60 7 July 2005 9 A2004-60 16 June 2006 10 A2004-60 2 July 2006
© Australian Capital Territory 2007
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