Medical Act of 1925 (16 Geo v No. 24) (Qld)

MEDICAL. 16 GEO. V. No. 24, 1925. Medical Act. ss. 1..3. 11337 MEDICAL. An Act relating to Medical Practitioners. 16 Geo. V. No. 24. [ASSENTED TO 12TH NOVEMBER, 1925.] THE MEDICAL ACT OF 1925. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART 1.- PART. I.-PRELIMINARY. PRELIMINARY. 1. This Act may be cited as "The MedicalAct of Short title, 1925," and shall come into operation on the first day of : = : ~ ~ e- January, one thousand nine hundred and twenty-six. Parts of Act. This Act is divided into Parts, as follows : - PART I.-PRELIMINARY; PART Il.-THE MEDICAL BOARD; PART IIl.-MEDICAL PRACTITIONERS; PART IV.-INQUESTS AND BURIALS; PART V.-ANATOMY; PART VI.-GENERAL PROVISIO¥S. 2. 'The *" MedicalAct of 1867" is repealed: Repeal. But such repeal shall not affect any registration or order made or any certificate granted under the said repealed Act before the commencement of this Act; and every registration effected thereunder and in force at the commencement of this Act shall for all purposes be as valid and effectual as if it had been a registration effected under this Act. 3. In this Act, unless the context otherwise indicates, Int~ rpre­ the following terms have the meanings set against them tatlOn. respectively, that it is say,- " Anatomy "-Anatomy of the human body only; Anatomy. " Board "-The Medical Board constituted under Board. this A~ t; "Body"-Dead human body; Body. " By-laws"-By-laws made under the authority of By·laws. this Act; • 31 Vic. No. 33, supra, page 2108.

s. 4. PART I.- PRELIMINARY. MEDICAL. MedicalAct. 16 GEO. V.No. 24, Medical practitioner. Minister. Prescribed. President. Register. Registrar. This Act. "Medical practitioner"-A person registered as a legally qualified medical practitioner under the Act hereby repealed, or registered as a medical practitioner under this Act, and whose name . remains upon the register; "Minister"-The Home Secretary or other Minister of the Crown for the time being charged with the administration of this Act; "Prescribed "-Prescribed by this Act; " President "-The President of the Board: the term, whenever necessary, includes the Deputy President; " Register "-The register of medical practitioners hereinafter mentioned; . " Registrar "-The registrar appointed under this Act; " This Act "-This Act and all regulations, rules, by-laws and Orders in Council made thereunder. The words "legally qualified medical practitioner," or "duly qualified medical practitioner," or any words importing a person recognised by law as a medical prac- titioner or a member of the medical profession, when used in any Act, whenever passed, sha II be construed in and for the purposes of such Act to mean a medical practitioner registered under this Act. PART II.- THE MEDICAL BOARD. PART n.-THE MEDICAL BOARD. Medical 4. (1.) There shall be a Board, consisting of not less Board. than five members (which shall be called" The Medica.l Board"). Such members shall be appointed by the Governor in. Council and one of them shall be so appointed to be President of the Board. Registrar. (2.) The Governor in Council shall also appoint a registrar. (3.) The Governor in Council may from time to time remove all the members of the Board or any of them or the President or the registrar, and upon removal, death, or resignation of any member of the Board or the registrar may appoint such other person in his room as the Governor in Council thinks fit. (4.) The President, members, and secretary of the Queensland Medical Board (the last-named of whom shall hereafter be. called the registrar) appointe~ under'

MEDICAL. ss. 5·7. 1l33~) 1925. Medical Act. the Act hereby repealed and holding office at the commencement of this Act, shall remain in office as if appointed under this Act. PART !I.- THE· MEDIOAL BOARD. (5.) All the assets and liabilities of the Queensland Transference Medical Board shall, upon the constitution of the Board, ooff aesxsiesttsi, n&g c., vest in and be imposed upon and be discharged by the Board. last-mentioned Board. 5. The Board may appoint such other officers as Boa~ may the Board think necessary for giving effect to this Act, ~ fleo: nt and may pay to the registrar and other officers such officers.. salary and allowances as the Board think fit. All such persons, other than the registrar, shall hold office during the pleasure of t,he Board. 6. The provisions set forth in the Schedule to Prov~sions this Act shall, in. all matters to .which they relate, ~ : ~ : ~ ~ ~ i! ~ S govern and be applIcable to the busIness, conduct, andandbusiness proceedings of the Board, and shall be observed, but Schedule. may be revoked or altered wholly or in part by the by-laws. PART!II.- MEDICAL P .AR'r IlL-MEDICAL PR.ACTITIONERS. PRACTI- TIONERS. 7. Every person who proves to the satisfaction of Qualifica. the Board that he- tions. (a) Is of good fame and character; and (b) Is the holder of a degree in medicine or surgery of any university in the Common- wealth of Australia or the Dominion of New Zealand which is legally authorised to grant such degree; or (c) Is registered or possesses a qualification entitling him to be registered under the Medical Acts of the Parliament of the United Kingdom or any Act amending or substituted for those Acts or any of them; or (d) Has passed through a regular course of medical study of not less than five years' duration in a school of medicine, and has received after due examination from some university college or other body duly recog- nised for that purpose in the country to which such university college or other body belongs a diploma, degree, or license entitling him to practi.ce medicine in that country- shall be entitled to a certificate from the Board as a legally qualified medical practitioner:

11340 ss. 8-11. MEDICATJ. PAHT HI.- MEDICAL PHACTI- TIONEHS. MedicalAct. 16 GEO. V. No. 24, Reciprocity. Provided that the Board may refuse to regjster any person holding a qualification entitling him to practice in the country or state where such qualification was granted if the Board is satisfied that under the laws, rules, or usages of such country or state medical practitioners duly qualified to practice in the United Kingdom of Great Britain and Ireland or in any part of His Majesty's dominions are not permitted to practice in such country or state. ocAefprrpteaefiaunlscaianlsoefs this 8 A . ct I , f ththee BBooaarrdd srheafulls, e if torereqguiisrteedr abnyyhpiemrs, osntautnedeinr registration. writing the reason for such refuml. Such person may thereupon appeal to the Supreme Court, and such appeal shall be in the nature of a rehearing. Register to be kept by the registrar. 9. (1.) A register shall be kept by the registrar, and shall contain the names, addresses, and qualifications of all medical practitioners, and the respective dates on which they were registered as such. (2.) The register shall at all times be open to inspec- tion by any person on payment of the prescribed fee. (3.) As soon as may be after every registration the registrar shall cause particulars as aforesaid of such registration to be published in the Gazette. (4.) Every medical practitioner shall be entitled to obtain from the registrar a certificate of his registration in the prescribed form. Register 10. Every medical practitioner who obtains any : : : : ! e~ eto higher degree or any qualification other than the inse~ t. new or qualification in respect of which he is registered shall, on : ~ ~ { ; A~ ~ ~ l p~ yment of the pres? r~ bed fee, b.e ent.itle~ to hav~ such tions. hIgher degree or addItIOnal qualIficatIOn lllserted m the register. Co~ y of 11. A copy of the register shall, in the month of ~~ b~ [ s~ e~ be January in each year, be published by the Board in the Gazette. A copy of the register, purporting to be certified as a true copy by the registrar, shall in all proceedings whatsoever be prima facie evidence that the persons therein named are medical practitioners and possess the qualifications therein mentioned; and the absence of the

MEDICAL. '- ~ ---- - - - - - - - - 1925. Medical Act. ss. 12-14. 11341 PART IlL- MEDICAL PRACTI- TIONERS. name or the qualification of any person from such copy shall be prima facie evidence that such person is not registered or qualified. 12. In the month of January, one thousand nine Annualfee. hundred and twenty-six, and thereafter in the month of January of every year, every registered medical prac- titioner shall pay to the Board such annual license fee as may be prescribed by by-law, and on failing to make such payment shall cease to be a registered medical prac- titioner;. but the Board may at any time restore to the register the name of any medical practitioner failing to make such payment on receiving all arrears and on payment of such fines as may be prescribed by the by-laws. 13. (1.) The Board shall from time to time erase Certain any entry in the register which is proved to the satisfac- ~ ntries nty tion of the Board to have been fraudulently or incorrectly e erase. made. (2.) Every medical practitioner on changing his place of business shall forthwith give notice of the fact by post to the registrar. Every district registrar of deaths in Queensland on registering the death of any registered person shall forthwith transmit notice thereof by post to the registrar. (3.) The registrar shall from time to time erase the names of all medical practitioners who have died, and shall make such alterations and amendments in the register as the Board from time to time direct, for the purpose of making the same an accurate record of the names, addresses, and qualifications of the medical practitioners for the time being. For the purposes aforesaid he may post a notice to any medical practitioner, addressed to him according to his address in the register, inquiring whether he has changed his address or residence, and, if no answer is returned to such notice within six months after the posting thereof, the Board may erase the name of such person from the register. (4.) Any name erased from the register under this section may be restored by the Board. 14. Every person who procures himself to be Frll: udul~ nt registered under this Act by means of any false or regIstratIOn. fraudulent representation, or by the production of any

11342 ss. 15-17. MEDIC~ lli. PART HI.- MEDICAL PRACTI- TIONERS. MedicalAct. 16 GEO. V. No. 24, false certificate or testimonial, shall be liable to a penalty not exceeding fifty pounds, and his name shall be erased from the register. Nam~ s. o£ 15. (1.) The name of any person registered under gpuraiclttyItIoOf ners thI' S Act W h 0, whether before or after he ' IS regl.stered- coeffretnacines or of ( 1 . . ) I S conVl . C t e d I . n any par t 0 f H I ' S M . aJ ' es t Y ' s infamous cboenedruascet dt. o Dominions or elsewhere of any indictable 0 ffence, or 0 f any 0 ther 0 ffence w hi ch, ' In the ~ . tJ~ . 4 ' )' A 4 . - . opinion of the Board, renders him unfit to practise; or (ii.) Is, after due inquiry, adjudged by the Board to have been guilty of infamous conduct in a 1>rofessional respect, or of habitual drunken- ness; or (iii.) Has ceased to possess the qualification in respect of which he was registered- shall be erased from the register: Provided that in the case of a charge of infamous conduct as aforesaid the Board, in making the due inquiry, shall, if so required by the person charged, sit as an open court, and the person charged shall be afforded an opportunity of defence either in person or by counsel, and shall have the right of appeal to the Supreme Court, and such appeal shall be in the nature of a rehearing. The expression "infamous conduct in a professional respect" does not include any conduct which, either from its trivial nature or from the surrounding circumstances, does not in the public interest disqualify a person from practising his profession. (2.) Any name erased from the register under this section may be restored by the Board. Board to 16. If the Board erase the name of any person from fsotar teeraresausroen the register, they shall, if required by him, state in writing on request. the reason for such erasure. Right of appeal. 17. Any appeal to the Supreme Court under this Act shall be brought and the proceedings shall be had in such manner as may be prescribed by Rules of Court. The appeal shall be heard and determined by a single Judge. An appeal shall lie to the Full Court from any decision of a Judge upon a point of law.

MEDICAL. - ~ -- - - - - - - - - ~ - - - ~ - --- 1925. Medical Act. ss. 18,19. 11343 P A:QT lIl.-. MEDICAL PruCTI- TIONE:QS. 18. (1.) No person other thana medical practitioner No person shall hold any appointment as a physician, surgeon, or othe~ than a other medical officer in any passenger or other vessel ~ : ! ~ ~ : loner leaving any port and registered in Queensland, or in any to ho~ d public or private hospital or other institution or society ~ ~ ~ ~ : t­ for affording medical relief in sickness, infirmity, or old ments. age, or as a medical inspector, medicl1,lofficer of health, or health officer. (2.) No person other than a medical practitioner Signing of soh f aalnl ysigdnecaenasyedmpeedriscoanl. certificate of the cause of death cdeeartitfihcates. . (3.) No certificate required by any Act from any Certificates. physician, surgeon, licentiate in medicine and surgery, or other medical practitioner shall be valid unless the person signing the same is registered under this Act. 19. (1. ) No person other than a medical practitioner Prohibitions. shall be entitled to advertise or hold himself out as being, or in any manner pretend to be or possess the .status of, or take or use the name or title either alone or in conjunction with any other title word or letter of a physician, doctor of medicine, licentiate in medicine or surgery, master in surgery, bachelor of medicine or surgery, doctor, surgeon, medical or qualified or registered practitioner, apothecary, accoucheur, or any medical or surgical status name or title implying, or that may be construed to imply, that he is a legally qualified medical practitioner. Every person who himself or by an assistant; Penalty i~ servant, agent, or manager, and every person. who as ~~~:~~. assistant, servant, agent, or manager on behalf of . another, does or permits any act, matter, or thing contrary to any of the foregoing provisions of this section shall be liable to a penalty not exceeding fifty pounds and not less than five pounds or to be imprisoned for any period not exceeding si x months. (2.) Every person who exhibits or publishes, or Person.. causes, permits, or suffers to be exhibited or published, ~~~ f:tl:ng any letter, circular, placard, handbill, card, or advertise- penalty. ment of any kind whereby any person other than himself advertises or holds out or is advertised or held out contrary to this section, or attempts so to do, shall be liable to a penalty not exceeding twenty pounds and not less than three pounds.

11344 ss. 20, 21. MEDICAL. P A R r I I I . - ~ - - - - - ~ . ~ ~ ~ ~ MEDICAL PRACTI- TIONERS. Medical Act. 16 GEO. V. No. 24, Onus of (3.) Where in any proceedings for an offence pprroocoefeidnings. against this section it appears from any document or paper that any person is advertised or held out contrary to any provision of this section, the defendant shall be convicted unless he proves to the satisfaction of the adjudicating court that he did not authorise and was not responsible for such advertising or holding out. (4.) This section shall not apply to any newspaper proprietor or printer publishing such advertisement before written notice from the registrar that such advertisement is contrary to some part of this section. Every 20. A medical practitioner may sue in any court of mpreadcitcitailoner competent jurisdiction for the recovery of his fees or may sue for other remuneration for professional services, whether fees, &0. medical or surgical. No person other than a medical practitioner shall be entitled to sue, or counterclaim for, set-off, or· recover any charge or remuneration for any medical or surgical advice attendance service or operation, or for any medicine which he has both prescribed and supplied: Provided that nothing in this Act contained shall prejudice or affect the. right of a person registered as a pharmaceutical chemist from recovering the price of any medicine or drug compounded, dispensed, or supplied by him in the ordinary course of his business as a pharmaceutical chemist. PART IV.- INQUESTS AND BURIALS. PART IV.-INQUESTS AND BURIALS. Justice may 21. (1.) When upon the summoning or holding of spurmacmtitoinoner an inquest touching the death of any person it appears on inquest. to the presiding justice that the deceased person was not, at or immediately before his death, attended by a medical practitioner, the justice may issue a summons for the attendance as a witness at such inquest of some medical practitioner who resides at or near to the place where the inquest is held. And to (2.) The justice, either in such summons or by an p p o e s r t f - o m rm ort a em odr er'In wrI' tI' ng, may, at any t' Ime before the t erID.lnat'IOn examination. of the inquest, direct any medical practitioner to perform a post-mortem examination of the body of the deceased person either with or without an analysis of the contents of the stomach or intestines: Provided that, if it appears to the justice that. the death of such person was

MEDICAL. - ------------- - - - - ~ ~ - - -- - -------- - - - 1925. Medical Act. s.22. 11345 PARTIV.- INQUESTS AND BURIALS. probably caused partly or entirely by the improper or negligent treatment of any medical practitioner or other person, then such medical practitioner or other person shall not be permitted to perform or assist at any such examination or analysis, but he shall, in every such case, be permitted to be present thereat. (3.) When it appears to the justice, or to a majorityAnd~ n of the J'ustices if more than one hold the inquest, that tcoerrteaqmU.IcTaeses the cause of death has not been satisfactorily explained fu~ ther by the medical practitioner or practitioners examined in : : ~ f~ : tf~ n. the first instance, he or they shall forthwith cause some other medical practitioner or practitioners to be sum- moned to give evidence at such inquest, and shall direct him or them to perform a post-mortem examination, with or without such analysis as aforesaid, whether such a.n examination has been previously performed or not. (4.) 'Vhen any such summons or order has been P.enalty: for served upon any medical practitioner to whom the same ~ ~ s~ ! : ~ ~ ~ : was directed, or has been left at his usual residence in or order. sufficient time for him to obey the same, and he does not .obey the same, he shall be liable to a penalty of not less than three nor more than twenty pounds, unless at the hearing of the case he shows a good and sufficient excuse for such neglect to the satisfaction of such justice or justices. p I ace 2 u 2 n . t 1 ( ·l 1 - .) No burial of a deceased person shall take tuNankoteilbpduleraiaeatelhto (a) A medical practitioner has signed and given e~rtifieate a certificate of the cause of death of such gIven. deceased person; or (b) A justice has made and signed an order for such burial. (2.) No district registrar shall issue any certificate under section twenty-nine of *"The Registration of Births, Deaths, and Marriages Act of 1855" before receiving such certificate or order duly signed as aforesaid: (3.) Provided that this section shall not· apply where there is no medical practitioner and no justice residing within a distance of ten miles from the place where such deceased person died. But every burial without a certifica,te or order as aforesaid must immediately be notified to the nearest police officer. * 19 Vie. No. 34, supra, page 3268.

11346 PARTV.- ANATOMY. ss. 23-26. MEDICAL. Jlfedical Act. 16 GEO. V. No. 24, PART V.-ANATOMY. P08t- ~ ort~ m 23. Nothing in this Part of this Act contained shall exammatlOn. be construed to prohibit any post-mortem examination of any body required or directed to be made by any competent legal authority. Establish- ment of schools of anatomy. 24. The Governor in Council may authorise the establishment of schools of anatomy where the study and practice of anatomy may be carried on in connection with any university or school of medicine, in such places and upon such conditions as he thinks fit, and may at any time revoke such authority. Licenses to practise anatomy. 25. Upon application for the purpose made by- (a) Any graduate or licentiate in medicine or surgery; or (b) Any medical practitioner; or (c) Any legally qualified professor or teacher of anatomy, medicine, or surgery; or (d) Any student attending any such school of anatomy; the Governor in Council may grant such applicant a license to practise anatomy in any such school of " anatomy on such conditions, for such period, and subject to revocation in such manner as may be therein expressed. Inspectors of 26. (1.) The Governor in Council may appoint sacnhaotoolms yo. f inspectors of schools of anatomy, and may direct what schools every such inspector shall superintend, and in what manner he shall perform the duties of his office. Powers of (2.) Every such inspector may visit and inspect at inspectors. any time any school of anatomy of which he is appointed inspector. Inspectors to make quarterly Ieturns. (3.) Every such inspector shall make a quarterly return to the Registrar-General of every body that has been removed for anatomical examination to any such school of anatomy, distinguishing the sex and, as far as is known, the name and age of each person whose body was so removed..

1925. MEDICAL. Medical Act. ss. 27-29. 11347 PARTV.- ANATOMY. 27. Any executor or other person having lawful Powers ?f po~ session of the body of any deceased person, a: nd not ~ : ~ ~ ~ d~ ) ~ f bemg an undertaker or other person entrusted wIth the bodi~ s to body for the purpose only of interment, may permit the ~~ ~ ~~ ! ucal body of such deceased person to undergo anatomical ex.amin- examination, unless, to the knowledge of such executor atlOns. or other person, such deceased person expressed his desire, either in writing at any time during his life, or orally in the presence of two or more witnesses during the illness whereof he died, that his body after death might not undergo such examination, or unless the surviving husband or wife or any known relative of the deceased person requires the body to be interred without such examination. 28. If any person directs, in writing attested by two Provision or more witnesses, that his body be examined anatom- in case of l.ca1y, o1r nom'mates any person by t hI' S Act a U t hOr' ISed dpierrescotnins g to examine bodies anatomically to make such examination, anato.mical and if, before the burial of the body of such person, such ~ ~~r::r~~r direction or nomination becomes known to the person their death. having legal possession of the body, then such last- mentioned person shall, in the one case, direct such examination to be made, or in the other case shall request and permit the person nominated as aforesaid to make such examination, unless the surviving husband or wife or one or more of the nearest known relatives of the deceased person requires the body to be interred without .such examination. 29. (1.) In no case shall the body of any person be Conditions removed for anatomical examination from the place ~ ~ ! ~ ved where such person died until after twelve hours from before bodies the time of such person's decease and unless- faorer removed (a) Notice of such intended removal has been anato~ical gI.ven SI . X h ours a t 1eas t be f ore such remova1 etixoanms.ma- to the nearest inspector, or, if no such inspector has been appointed or no such inspector resides within ten miles from the place of death, then to the nearest medical practitioner or police magistrate; and (b) A certificate, stating in what manner such person came by his death, has previously to the removal of the body been signed by the medical practitioner who attended such person during the illness whereof he died,

11348 PARTV.- ANATOMY. ss. 30,31. MEDICAL. MedicalAct. 16 GEO. V. No. 24, Certificate to be delivered. or if no such practitioner so attended such person, then by some medical practitioner not concerned in examining the body ana- tomically, or some police magistrate, who shall be called in after the death of such person to view his body, and who shall state the manner or cause of death according to the best of his knowledge and belief. (2.) In every case of such removal such certificate shall be delivered, together with the body, to the person receiving the body for anatomical examination. Who may 30. Any medical practitioner, or any professor, rbeocdeiievsefor teacher, or student of anatomy, medicine, or surgery, anato. mic~l having a license from the Governor in Council, may exammatI r O ec n m .. ve or possess for atna O'Illlca I examI . na t' IOn or examI . ne anatomically 'any body, if permitted or directed so to do by a person who, at the time of giving such permission or direction, had lawful possession of the body, and had power in pursuance of the provisions of this Act to permit or cause the body to be so examined, and if such person delivers with the body such certificate as aforesaid. Duties of such persons. 31. Every person so receiving a body for anatomical examination shall- (a) Demand and receive together with the body a certificate as aforesaid; and (b) Within twenty-four hours after he receives the body transmit to the nearest inspector such certificate, and also a return stating at what day and hour and from whom the body was received, the date and place of death, the sex, and, as far as is known at the time, the christian name and surname, age, and last place of abode of the person whose body is so received; or, if no such inspector has been appointed, to the nearest medical practitioner or police magistrate; and (C) Enter or cause to be entered the aforesaid particulars relating to such body, and a copy of the certificate he received therewith, in a. book to be kept by him for that purpose; and (d) Produce such book whenever required so to do by any inspector under this Act.

1925. MEDICAL. Medical Act. ss. 32-38. 113M) PARTV.- ANATOMY. 32. Every such body removed for the purpose Of!temovalan<i examination shall, before such removal, be placed in a ~ ~ t~ ~ ~ ~ ~ ~ decent coffin or shell, and be removed therein, and the person removing the same or causing the same to be removed shall make provision that- (a) Such body, after undergoing anatomical examination, shall be decently interred in consecrated ground, or in some public burial ground in use for persons of that religious persuasion to which the person whose body was so removed belonged; and (b) A certificate of the interment of such body shall be transmitted to the nearest inspector within six weeks after the day on which such body was received, or within such other time as the Governor in Council, by notice in the Gazette, may appoint. 33. No person shall receive or possess for anatomical Ana~ rniJal examination or examine anatomically any body except : ~ ~ , : ~ ~ abe at such places as are authorised for that purpose under only in this Act. apulatcheosr.ised 34. Every person who practises anatomy shall do Anatom~ to so I.n such a way as t 0 ' avdOl 1J.nnecessary mut' 1 latI' On 0 f ibne aprdaeccteIsnetd any body he examines anatomically, and shall conduct manner. every anatomical examination in an orderly, quiet, and decent manner. ·35. Any person offending against any provIsIOn of Offences. this Part of this Act shall be liable to imprisonment for any period not exceeding three months or to a penalty not exceeding fifty pounds, and if he holds a license may be deprived of his license. 36. No person holding a license under this Part No~ . liability of this Act shall be liable to any prosecution, penalty, of lIcensees. forfeiture, or punishment for receiving or having in his possession for anatomical examination, or for examining anatomically, any body, if the possession of such body is in accordance with the provisions of this Act. 37. Any action for anything done in pursuance of Limit~tion this Part of this Act shall be commenced within six of actIOns. months after the cause thereof accrued. 38. (1.) In all cases in which no provision or no Regulations. sufficient provision is, in the opinion of the Governor,

11350P4RTV. ~ A.tlA.TOM¥. ss. 39-41. MEDICAL. 'Medical Act. 16 GEO. V. No. 21, made by this Part of this Act, the Governor in Council may make and prescribe all such regulations, either general or applicable to particular cases only, as he thinks fit, and may impose a penalty riot exceeding five pounds for any breach thereof. (2.) All such regulations shall be published in the Gazette, and upon being so published shall have the same effect as if they were enacted in this Act. Governing authorities 39. The governing authority of any authorised of schools school of anatomy may, with the approval of the omfaaynmataokmey Governor in Council, make rules for enabling the study l'ules. and practice of anatomy to be properly carried out and discipline to be properly maintained at such school, and may impose a penalty not exceeding five pounds for any breach thereof. All such rules shall fix a date on which they shall come into force, and upon the date so fixed and after their publication in the Gazette they shall be in force in the school to which they relate. P4RT Vl.- GENER4L PART VI.-GENERAL PROVISIONS. PROVISIONS. Board may 40. (1.) The Board may, in their own name, by sue. their registrar or any person thereunto authorised in writing under the hand of the President, institute, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever. Every court of law shall take judicial notice of the signature of the President to any such authorisation. (2.) In any proceeding by or on behalf of the Board, it shall not be necessary to prove the appointment or election of the members, President, or registrar. Recovery of 41. All penalties for offences against this Act and ~ ~ ~ alties, all fees payable may be recovered by complaint in a summary way under *"The Justices Acts, 18~6 to 1924." All penalties and fees recovered by the Board under this Act shall be paid to the Board and become part of their funds. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 and ll030.

1925. MEDICAL. Medical Act. s.42. 11351 PABTVI.- GENERAL PROVISIONS. 42. (1.) The Board, with the approval of the Board may Governor in Council, may fro~ time to time make by· ~ ; ~ ws. laws for all or any of the followmg purposes, namely:- (i.) The meetings and proceedings of the Board Meetings. and the conduct of the business thereof; the :C.':J.f election of a member to perform the duties oa . of the President and act as Deputy President during the illness or absence of the President; the fees which may be allowed to members of the Board for attendance at meetings of the Board; (ii.) The duties of the registrar and other officers Officers. of the Board; . {Hi.} The forms to be used for the purposes of this Forms. Act; (iv.) The manner of keeping the register; Register. (v.) 'l'he evidence to be produced and Gonditions Applications to be fulfilled by any person applying for for. t t· registration under this Act;· regis ra Ion. (vi.) The scale of fees to be charged and paid in Fees. respect of any application, registration, certificate, inspection, or· other proceeding, act, or thing provided or required under this Act, ::md in respect of the attendance of medical practitioners at inquests of death and the performance of post-mortem examinations: Provided that every medical practitioner registered under the Act hereby repealed at the commencement of this Act shall be entitled to be registered as such under this Act without registration fee; (vii.) The conduct of proceedings in connection Cha:rges with complaints or charges against medical ~ : ; : : ~ d . practitioners alleged to be guilty of iPfamous persons. conduct in a professional respect; (viii.) Generally, for carrying into effect the objects of this Act. (2.) A by-law may impose a penalty for any breach thereof, and may also impose different penalties in case of successive breaches. But no such penalty shall exceed twenty :pounds. H

11352 PART VI.- GENERAL PROVISIONS. S.42. MEDICAL. MedicalAct. 8ch. rr. 1-7. 16 GEO. V. No. 24-, (3.) All such by-laws upon being so approved shall be published in the Gazette, and shall thereupon have the same effect as if they were enacted in this Act. The production of a copy of the Gazette containing a notifi- cation of the approval thereof by the Governor in Council shall, in all proceedings, be sufficient evidence of such by-laws. (4.) Any by-law or part of a by-law may be repealed by the Governor in Council by notifica.tion in the Gazette. SCHEDULE. PROVISIONS GO:VERNING AND RELATING TO THE PROCEEDINGS AND BUSINESS OF THE BOARD. Executive 1. The President shall be the executive officer of the Board. officer. Authentica- 2. Every appointment, and every order, notice, cartificate, or tion of other document of the Board relating to the execution of this Act & do c c . uments, rsehgailsl trbaer osrufafnicyietnwtloymaeumthbeenrstiocfattehde B if oaSridgn. ed by the President or Meetings. 3. The BO:1rd shall hold their ordill1ry m 3etings at such times as are appointed by the By-laws. Special meetings may be summoned at any time by the President, and shall be so summoned by him upon receipt of a requisition in writing signed by any two members. Quorum. 4. No business shall be transacted at any ordinary meeting of the Board unless at least three of the members are pres~ mt when such business is transacted. Chairman. 5. The President shall preside at all meetings at which he is present. In the absence of the President, the members present shall elect from their number a chairman for the day. The President, or in his absence the chairman for the day, shall have a vote, and, when there is an equal division of votes upon any question, shall have an additional or casting vote. Voting. Peouniary interest. 6. All powers vested in the' Board may be exercised by the majority of the members present at any meeting duly held, and all questions shall be decided by a majority and by open voting. At all meetings, save as herein otherwise provided, all members present shall vote. If a member refuses to vote, his vote shall be counted for the negative. 7. No member shall vote or take part in any debate with respect to any matter in which he has directly or indirectly, by himself or his partners, any pecuniary interest.

MEDICAL. Sch. rr. 8-13. 11353 1925. Medical Act. ----- ~ -- -- - - - - - - - 8. The members pressnt at a meeting may, from time to time, Adjourn- adjourn the meeting. ments. If a quorum is not present within half an hour after the time appointed for a meeting, the members present or the majority of them, or anyone member if only one is present, or the registrar if no member is present, may adjourn such meeting to any time not later than seven days from the date of such adjournment: Provided that nothing herein contained shall be construed to prevent the adjournment of any meeting to a later hour of the same. day on which such meeting was appointed to be held. 9. All notices of any meeting or adjourned meeting (other than Noti~ e of of a meeting adjourned to a later hour of the same day on which such meetmgs. meeting was appointed to be held) shall be in writing. and shall be delivered, or sent by post or otherwise, to the address of each of the members previous to the meeting. Every such notice shall specify the time of meeting, and, in case of a special meeting, shall specify the object thereof. No business shall be transacted at any special meeting except such as is stated in the notice thereof. 10. If any member refuses or neglects to act, or to attend any Proceedings duly convened meeting of the Board, all lawful acts and proceedings validated.. of the Board shall be as valid and effectual as if they had been done or authorised by the full Board. No proceedings of the Board or of any person acting as President shall be invalidated by reason of any defect in any appointment or election, or by reason of there being any vacancy in the number of members at the time of such proceedings, provided that the number of members is not reduced below three. 11. The Board may require the attendance of any person who applies for registration, and of any other person, and may examine or question any such persons or any witnesses who may attend before the Board, upon oath, affirmation, or otherwise; and for any such purposes the chairman may administer an oath or affirmation. Every summons issued by the Board requiring the attendance of Boa~ d may any person or the production of any documents, and signed by the retqUlrde reg . Istrar, s h a 1 l have t h e same effect as a subpama'Issued - by t h e a oftaennyance Supreme Court in a civil action; and the obedience thereto or non- person. observance thereof may be enforced and punished by a judge of the said Court sitting in chambers in the same manner as in the ca8e of the disobedience or non-observance of a subpoona issued by the said Court. 12. The funds of the Board shall be applied by them towards the Application payment of all expenses necessarily incurred in carrying this Act into of funds. execution, and in doing and performing any acts and things which the Board are by this Act empowered or rfquired to do or perform. The Board may payout of their funds any sum due under an agreement lawfully made for the purposes of this Act, and any sum recovered against the Board by process of law. 13. The accounts of the Board shall be audited from time to time Audit. by an officer of the Department of the Auditor-General.