Medical Act and Other Acts (Administration) Act Amendment Act 1976 (Qld)

60 ^1tPEltS^2TXT^ ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1975 An Act to amend the Medical Act and Other Acts (Administration ) Act 1966-1974 in certain particulars [ASSENTED TO 2ND APRIL, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Medical Act and Other Acts (Administration) Act Amendment Act 1976. (2) The Medical Act and Other Acts (Administration) Act 1966-1974 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Medical Act and Other Acts (Administration) Act1966-1976. 2. Amendment of s. 10. Section 10 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:- (b) the provisions of each of those Acts that require publication of a register, copy register, or other record of persons registered under that Act shall be read and construed as requiring publication, by the thirtieth day of June in each year, of such register, copy register, or other record of persons so registered which is certified to be correct as at the first day of May in that year.".

MedicalAct and Other Acts-( Administration ) Act Amdt Act 1976, No. 5 61 3. New ss. 12, 13, 14, 15, 16. The Principal Act is amended by inserting, after section 11, the following sections:- "12. Appointment of Inspectors. (1) Notwithstanding the provisions of the Acts referred to in section 4 of this Act, the Governor in Council may from time to time appoint such inspectors as he considers necessary for the effectual administration of those Acts. Every such appointment shall be made under and in accordance with the Public Service Act1922-1973 and every person so appointed shall hold his appointment under, subject to and in accordance with that Act. (2) Every person who immediately prior to the commencement of the Medical Acts and Other Acts (Administration) Act Amendment Act 1976 was an inspector for the purposes of any of the Acts referred to in section 4 of this Act shall, for as long as he continues as such, be deemed to have been appointed pursuant to subsection (1) of this section as an inspector for the effectual administration of all of those Acts. 13. Meaning of terms. In sections 14, 15 and 16 of this Act- (a? the term " inspector " means an inspector appointed or deemed to have been appointed for the effectual administration of the Acts referred to in section 4 of this Act; (b) the expression " prescribed Acts " means the Acts referred to in section 4of this Act. 14. Powers of Inspectors . (1) An inspector may at any time- (i) enter any place where, or where he has reason to believe, the practice of Medicine, Dentistry, Pharmacy, Optometry, Nursing, Physiotherapy or Chiropody is being carried on contrary to the provisions of any of the prescribed Acts; (ii) upon such entry, inspect and examine any equipment found therein and any appliances connected therewith or belonging thereto; (iii) call to his aid- (a) any member of the police force if he has reasonable cause to apprehend obstruction to the exercise of his powers or the performance of his duties; (b) any person whom he considers to be competent to assist him in such inspection and examination; (iv) make such examination and inquiry as in his opinion is necessary to ascertain whether the provisions of any of the prescribed Acts have been or are being contravened; (v) question, with respect to matters under any of the prescribed Acts, the occupier of any place, the owner of any equipment or appliance and every person whom he finds in any place and require any such person to answer the questions put and to sign a declaration of the truth of his answers;

62 Medical Act and Other Acts (Administration) Act Amdt Act 1976, No. 5 (vi) require any person to produce a certificate of registration which by any of the prescribed Acts is required to be kept or exhibited by him, and inspect, examine, and take copies of or extracts of the same; (vii) exercise such other powers and authorities as are prescribed. (2) Before an inspector pursuant to this section enters any dwelling-house or part used exclusively for residential purposes of any building he shall, save where he has the permission of the occupier of that dwelling-house or part to his entry, obtain from a justice a warrant to enter. A justice who is satisfied upon the complaint of an inspector that the inspector believes on reasonable grounds that any of the relevant Acts or this Act is being contravened in a dwelling-house or part of a building as aforesaid may issue his warrant directed to the inspector to enter the place specified in the warrant for the purpose of exercising the powers conferred on him by this Act. A warrant issued under this subsection shall, for a period of one month from its issue, be authority- (a) to the person to whom it is directed and to all persons acting in aid of him to enter the place specified therein; and (b) to the person to whom it is directed to exercise in respect of the place specified therein all the powers conferred on him by this Act. For the purposes of this subsection, a dwelling-house or part of a building used for residential purposes does not include the curtilage thereof. 15. Obstructing an Inspector , etc. (1) Any person who- (i) assaults, resists , or obstructs an inspector in the exercise of his powers or in the performance of his duties under this Act or any of the prescribed Acts, or attempts so to do; or (ii) fails to answer any question put to him in pursuance of this Act or any of the prescribed Acts by an inspector or gives any false or misleading answer to any such question; or (iii) when duly required by an inspector to furnish information to him, fails to furnish such information or furnishes information that is false or misleading in a material particular; or (iv) when duly required by an inspector to produce a certificate of registration required by any of the prescribed Acts to be kept by him, fails to produce the certificate; (v) directly or indirectly prevents any person from appearing before or being questioned by an inspector, or attempts so to do ; or

Medical Act and Other Acts ( Administration ) Act Amdt Act 1976, No. 5 63 (vi) uses any threat, or abusive or insulting language to an inspector in the exercise of his powers or in the performance of his duties, commits an offence against this Act and is liable- in the case of a first such offence, to a penalty of S300; and in the case of a second or subsequent such offence, to a penalty of not less than S100 and not more than 5500. (2) It is a defence to a charge of failing to furnish information or to produce a certificate of registration that there was reasonable excuse for such failure. 16. Proceedings for offences . (1) A prosecution for an offence against this Act shall be by way of summary proceedings under the JusticesAct1886-1975 on the complaint of an inspector authorized by the Board constituted under the relevant Act. (2) In a proceeding in respect of an offence against this Act- (a) it shall not be necessary to prove the appointment of an inspector; (b) an averment in the complaint that commences the proceeding that the complainant is an inspector authorized by the Board constituted under such one of the prescribed Acts as is therein specified to lay the complaint shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters averred.".