Health Practitioner Regulation National Law (South Australia) Variation Regulations 2018 (SA)

Case

South Australia

Health Practitioner Regulation National Law (South Australia) Variation Regulations 2018

under the Health Practitioner Regulation National Law (South Australia) Act 2010

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Health Practitioner Regulation National Law (South Australia) Regulations 2010

4            Variation of regulation 4—Representative bodies

5            Insertion of regulation 4A

4A          Prescribed body

6            Insertion of regulation 11AA

11AA       Sale of glasses—section 74

Part 1—Preliminary

1—Short title

These regulations may be cited as the Health Practitioner Regulation National Law (South Australia) Variation Regulations 2018.

2—Commencement

These regulations will come into operation on 12 March 2018.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Health Practitioner Regulation National Law (South Australia) Regulations 2010

4—Variation of regulation 4—Representative bodies

  1. Regulation 4—before paragraph (a) insert:

    (aaa)Ambulance Employees Association SA Inc;

  2. Regulation 4(t)—delete paragraph (t) and substitute:

    (t)Optometry South Australia Incorporated;

    (ta)Paramedics Australasia Ltd (SA Chapter);

5—Insertion of regulation 4A

After regulation 4 insert:

4A—Prescribed body

For the purposes of section 82(3)(c) of the Act, Standards Australia is a prescribed body.

6—Insertion of regulation 11AA

After regulation 11 insert:

11AA—Sale of glasses—section 74

(1)For the purposes of section 74(2)(c) of the Act and subject to the modifications set out in subregulation (2), glasses are manufactured to the prescribed standard if they are manufactured in accordance with Australian/New Zealand Standard ISO 16034:2011 (as in force from time to time).

(2)Australian/New Zealand Standard ISO 16034:2011 is modified such that—

(a)clause 4.2 does not apply; and

(b)the following requirements of clause 5.2 do not apply:

(i)the requirement that a warning of the unsuitability of the glasses for driving or road use be indicated by the symbol given in Figure 1;

(ii)the requirement that a legible warning notice (as set out in the box entitled "WARNING" in clause 5.2) be given in the form of a label or swing tag affixed to the glasses.

Note—

Regulation 11AA(3) sets out the prescribed warning to be attached to the glasses.

(3)For the purposes of section 74(2)(d) of the Act—

(a)the following warning is prescribed:

WARNING

These glasses are for near‑vision and reading use only.

The lenses in these glasses are NOT prescription lenses. They are not intended as a substitute for glasses specifically prescribed for you.

These glasses are not suitable—

for use whilst driving or operating a vehicle; or

for use as eye protection.

Poor vision may be the result of a disease of the eye and a regular examination by an optometrist is recommended to ensure that any eye disease is detected early.

(b)the prescribed warning in paragraph (a) must be attached to the glasses—

(i)by a string or cord; or

(ii)by sticking the warning onto the glasses; or

(iii)in any other manner such that the warning does not detach from the glasses in the ordinary course of inspecting and selecting the glasses.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 13 February 2018

No 47 of 2018

HEAC-2017-00083

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