Medical and Other Acts Amendment Act of 1933 (24 Geo v No. 31) (Qld)

MEDICAL. 24 GEO. V. No. 31, 1933. Medical and Other Acts Amendment Act. 14669 MARSUPIALS AND DINGOES. See DINGO AND MARSUPIAL DESTRUCTION. MASSEURS AND NURSES. See' MEDICAL. MEDICAL. ' An Act to Amend "The Medical Acts, 1925 to 1932"; 24 GEO. V. "The Dental Acts, 1902 to 1931"; "The N; ' i~ ' PharmacyAct of 1917" ; "The Opticians Act A~: ~ ~! ~ R of 1917"; and " The Nurses and Masseurs AM! ~~ ~ ENT Registration Act of 1928" In certain ACT OF 1933. particulars. [ASSENTED 'fO 18TH DECEMBER, 1933.J 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, :md by the authority of the same, as follows:- PART I.-PRELIMINARY. PART 1.- PRELIMINARY. 1. This Act may be cited as "rPhe JJJ edical and Short title. Other Acts Amendment Act of 1933." 2. This Act is divided into Parts) as follows : - Parts of Act. PART I.-PRELIMINARY; PART Il.-AMENDMENTS OF THE MEDICAL ACTS; PART lIl.-AMENDMENTS OF THE DENTAL ACTS; PART lV.-AMENDMENTS OF THE PHARMACY ACT; PART V.-AMENDMENTS OF THE OPTICIANS ACT; PART VI.-AMENDMENTS OF THE NURSES AND MASSEURS REGISTRATION ACT; PAR'!' VIl.-GENERAL.

14670 MEDICAL. PART II.- .iVledical and Other Acts Amendment Act. 24 GEJo. V. No. 31, AMENDMENTS - - - - - - -_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ OF THE MEDICAL ACTS. PART H.-AMENDMENTS OF THE MEDICAL ACTS. *" Construction of Part n. 3. This Part of this Act shall be read as one with The Medical Acts, 1925 to 1932," which Acts, as amended by this Part of this Act, may collectively be cited as " The Medical Acts, 1925 to 1933." Amendments of the Medical Acts. Amendments of the 4. *" The Medical Acts, 1925 to 1932," are amended Medical as hereunder set forth. Acts. Amendment of s. 4. 5. Section four is amended as follows:- ! ~ ~~~ i~~ 1 (1.) Subsection one is repealed and the following and new subsection is inserted in lieu thereof, namely :- subsection 1. Medical Board. " (1.) (i.) There shall be a Board consisting of seven members (which shall be called" The Medical Board ") which shall be constituted as follows :- (a) Four of such members shall be persons appointed by the Governor in Council, and one of them so appointed shall be appointed to be President of the Board. (b) Three of such members shall be persons appointed by the Governor in Council on the nomination of the association or associations recognised by the Minister as representative of the medical practitioners: Provided that if there is more than one such association the Governor in Council shall 'have power to apportion the representation under this paragraph (b) in such manner as he thinks fit and proper. (ii.) The members of the Medical Board appointed pursuant to this subsection shall, subject to this Act, hold office for three years but shall be eligible for reappointment. (iii.) The members of the Medical Board appointed pursuant to this subsection shall be appointed to hold office as from the first day of March, one thousand nine hundred and thirty-four: * 16 Geo. V. No. 24 and 23 Geo. V. No. 33, supra, pages 11337 and 14373.

MEDICAL. 14671 1933. Medical and Other' Acts Amendment Act. PART II.- A~ IENDMENTS OF THE MEDICAL ACTS. Provided that the President and members of the Medical Board in office at the passing of *" The Medical and Other Acts Amendment Act of 1933" shall hold office until the twenty-eighth day of February, one thousand nine hundred and thirty-four, but shall go out of office on the first day of March, one thousand nine hundred and thirty-four. (iv.) If within seven days from a date to be appointed by the Minister (who is hereby authorised to appoint such date) any association as aforesaid fails, neglects, or refuses to nominate any person or persons for appointment to the Board (as prescribed in paragraph (b) of provision (i.) of this subsection) or if any persons or person who shall be so nominated at any time refuse or refuses to act as a member of the Board, or if for any reason a Board is unable to be constituted pursuant to this subsection, the Governor in Council may without nomination appoint any person or persons to be a member or members of the Board, and any person or persons so appointed shall for all purposes be and be deemed to have been duly appointed a member or members of the Board." (2.) Subsection two is amended by adding after the word "registrar" the following words, namely; " who shall be an officer of the Public Service of Queensland." (3.) Subsection four is repealed. (4.) Subsection five is amended by inserting after the words "the Board" the words and brackets "(appointed pursuant to *" The _Medical and Other Acts Amendment Act of 1933 ")." 6. Section five is amended as follows ;- Amendment In the first paragraph the words" the registrar and" of s. 5. are repealed and the word " such" is inserted in lieu thereof. 7. Section fifteen of the Principal Act is amended Amendment as follows ;_ of s. 15. (a) The following new provision is added to paragraph (i.) of subsection one, as follows ; - "Provided that the Board may, in the case of any medical practitioner who has * This Act.

14672 PART II.- AMENDMENTS OF THE MEDICAL ACTS. MEDICAL. Medical and Other Acts Amendment Act. 24 GElo. V. No. 31, been adjudged by the Board to have been guilty of infamous conduct in a professional respect, or of habitual drunkenness, or of habitual addiction to any deleterious drug, and if it deem proper under the circumstances, order that the registration of any such person be suspended for such time as is specified in the order of suspension, and upon the making of such order of suspension and during the period specified in such order the name of such person shall be deemed to be erased from the register and such person for such period shall not be a registered medical practitioner under this Act." (b) Paragraph (iv.) of the said subsection one is repealed and the following paragraph is inserted in lieu thereof, namely :- "(iv.) Any person- (a) Whose name has been removed from the register ; or (b) Whose registration has been suspended for such period as specified in the order of suspension by the Board, pursuant to this section may appeal to the Supreme Court to have his name restored to the register or the suspension removed, and the Board shall, if the Supreme Court so orders, restore his name or remove or abridge the suspension, as the case may be, or make such order ill the circumstances as the Court thinks fit accordingly: Provided that notice of any appeal to the Supreme Court against the adjudication of the Board in respect of its finding under this section shall be given within three months of the adjudication of the Board." PART III.- AMENDMENTS OF 'THE D A E C N T T S A . L PART IlL-AMENDMENTS OF THE DENTAL ACTS. Construction 8. This Part of this Act shall be read as one with of PartIlI. *" The Dental Acts, 1902 to 1931," which Acts, as amended by this Part of this Act, may collectively be cited as " The Dental Acts, 1902 to 1933." * 2 Edw. VII. No. 25, 7 Geo. V. No. 23, supra, page 8061, and 22 Geo. V. No. 51, supra, page 13844.

MEDICAL. 14673 H)33. Medical and Other' Acts Amendment Act. Amendments of the Dental Acts. PART HI.- AMENDMENT!'> OF THE DENTAL ACTS. 9 • *" The Dental Acts , 1902 to t1932 , " are amended A of m th endments as hereunder set forth. Dent~ l Acts. 10. Section three is amended, as follows :- Amendment (1.) Subsections one and two are repealed and the of s. 3. following subsection one is inserted in lieu thereof, namely:- "(1.) (i.) There shall be a Board consisting of Dental seven members (which shall be called "The Dental Board. Board ") which shall be constituted as follows :-- (a) Four of such members shall be persons appointed by the Governor in Council, and one of them so appointed shall be appointed to be President of the Board. (b) Three of such members shall be persons appointed by the Governor in Council on the nomination of the association or associations recognised by the Minister as representative of dentists: Provided that if there is more than one such association the Governor in Council shall have power and authority to apportion the representation under this paragraph (b) in such manner as he thinks fit and proper. (ii.) The members of the Dental Board appointed pursuant to this subsection shall, subject to this Act, hold office for three years but shall be eligible for reappointment: Provided that the Governor in Council may from time to time remove all or any of the members (including the President) appointed pursuant to paragraph (a) of subsection one, and may appoint such other person or persons in his or their stead as the Governor in Council may think fit. (1;ii.) The members of the Dental Board appointed pm'suant to this subseetion shall be appointed to hold office as from the first day of March, one thousand nine hundred and thirty-four: * 2 Edw. VII. No. 25, 7 Geo. V. No. 23, supra, page 8061, and 22 Geo. V. No. 51, supra, page 13844. t Sic in Gazette; semble " 1931."

14674 MEDICAL. PART III.- AMENDMENTS OF THE Medica~ and Other Acts Amendment Act. 24 GEO. V. No. 31, DENTAL ACTS. Provided that the President and members of the Dental Board in office at the passing of *" The Medical and Other Acts Amendment Act of 1933 " shall hold office until the twenty-eighth day of February, one thousand nine hundred and thirty-four, but shall go out of office on the first day of March, one thousand nine hundred and thirty-four. (iv.) If within seven days from a date to be appointed by the Minister (who is hereby authorised to appoint such date) any association as aforesaid fails, neglects, or refuses to nominate any person or persons for appointment to the Board (as prescribed in paragraph (b) of provision (i.) of this subsection) or if any persons or person who shall be so nominated at any time refuse or refuses to act as a member of the Board, or if for any reason a Board is unable to be constituted pursuant to this subsection, the Governor in Council may without nomination appoint any person or persons to be a member or members of the Board, and any person or persons so appointed shall for all purposes be and be deemed to have been duly appointed a member or members of the Board." Amendmellt (2.) Subsection three is amended by omitting the ?f SUbSO('tlOIl words "appointment or election" and inserting in lieu :I. thereof the words "appointment, or appointment after nomination as aforesaid"; also the words " or elected" are repealed. Repeal of subsection 4. (3.) Subsection four is repealed. Amendment (4.) In subsection five after the word" President" of subsection the words and brackets, namely "(constituted and 5. appointed pursuant to *" The Medical and Other Acts Amendment Act of 1933 ")" are inserted. Amendment 11. In subsection eight of section five all words of s. 5 (8). including and after "provided" to the end of the subsection are repealed and the words "as shall from time to time be prescribed" are inserted in lieu thereof. Amendment 12. Section seven is amended, as follows:- of s. 7. In the first paragraph the words" a registrar and" are repealed. * This Act.

MEDIOAL. 14675 1933. Medical and Oth,er Acts Amendment Act. PART III.- A~ IENDMENTS OF THE DENTAL The following new paragraph is inserted after the ACTS. second paragraph, as follows:- " The Governor in Council shall from time to time appoint a person, who shall be an officer of the Public Service of Queensland, to be registrar of the Board." 13. The following new section is inserted after New 8. 10. section nine, namely :- "[10.J If the Board refuse to register any person Appeal in under this Act the Board shall, if required by him, state ~ : ; : ~ i of in writing the reason for such refusal. registration Such person may thereupon appeal to the Supreme Court and such appeal shall be in the nature of a rehearing." 14. Section sixteen is amended as follows:- Amendment of s. 16. A new paragraph is added to subsection two as follows, namely : - " Provided that the Board may in the case of any dentist who has been adjudged by the Board to have been guilty of misconduct in a professional respect, and if it deem proper under the circumstances, order that the registration of any such person be suspended for such time as is specified in the order of suspension, and upon the making of such order of suspension and during the period specified in such order the name of such person shall be deemed to be erased from the register and such person for such period shall not be a dentist under this Act." 15. Section seventeen is repealed and the following Repeal of section is inserted in lieu thereof, namely :- s. 1 i and new s. 17. " [17.] Any person- (a) Whose name has been removed from the register; or (b) Whose registration has been suspended for such period as specified in the order of suspension by the Board, pursuant to' section sixteen may appeal to the Supreme Court to have his name restored to the register or the suspension removed, and the Board shall, if the Supreme Court so orders, restore his name to the register or remove or abridge the suspension, as the case may be, or make such order in the circumstances as the Court thinks fit accordingly: M

14676 MEDICAL. PART III.- AMENDMENTS OF THE Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, DENTAL ACTS. Provided that on the hearing of any such appeal the evidence admitted and received by the Board at any inquiry conducted by the Board may be admitted and received by the Court without prejudice, however, to any powers of the Court in reviewing such evidence or in receiving any fresh evidence on appeal: Provided further, that notice of any appeal to the Supreme Court against the adjudication of the Board in respect of its finding under this section shall be given within three months of the adjudication of the Board." Amendment of s. 26. 16. Section twenty-six is amended, as follows : - In subsection one the first paragraph (i.) is repealed. A new paragraph is added to the said subsection, namely:-·- PART IV.- AMENDMENTS OF THE PHARMACY ACT. "(i1:A.) Prescribing the fees payable to members of the Board for attendance at meetings." PART IV.-AMENDMENTS OF THE PHARMACY ACT. Construction of Part IV. 17. This Part of this Act shall be read as one with *" The Pharmacy Act of 1917," which Act, as amended by this Part of this Act, may collectively be cited as " The Pharmacy Acts, 1917 to 1933." Amendments of the PharmacyAct. AoPfhmatehrnmedamcyents hereu 1 n 8 d . er *" se T t h f e or P t h h a . rmacy Act of 1917" is amended as Act. Repealdof 19. Section four is repealed and the following :: !. an new section is inserted in lieu thereof, namely:- ~ ~ : ~ ~ acy " [4.] (1.) There shall be a Board consisting of seven persons, which shall be called "The Pharmacy Board," and shall be constituted in manner following, namely:- (i.) Four of such members shall be persons appointed by the Governor in Council, and one of them so appointed shall be appointed President of the Board. (ii.) Three of such members shall be persons appointed by the Governor in Council on the * 8 Geo. V. No. 11, supra, page 8320.

MEDICAL. 14677 IV.- ------------------------------------------------ PART 1933. illedical and Other' Acts Amendment Act. AMENDMENTS OF THE PHARMACY nomination of the association or associations ACT. recognised by the Minister as representative of pharmaceutical chemists: Provided that if there is more than one such association the Governor in Council shall have power and authority to apportion the representation under this paragraph (ii.) in such manner as he thinks fit and proper. (2.) The members of the Pharmacy Board appointed pursuant to subsection one hereof shall, subject to this Act, hold office for three years but shall be eligible for reappointment: Provided that the Governor in Council may from time to time remove all or any of the members (including the President) appointed pursuant to paragraph (i.) of subsection one, and may appoint such other person or persons in his or their stead as the Governor in Council may think fit. (3.) The members of the Pharmacy Board appointed pursuant to subsection one hereof shall be appointed to hold office as from the first day of March, one thousand nine hundred and thirty-four: Provided that the President and members of the Pharmacy Board in office at the passing of *" 'Phe .1v[edical and Other Acts Amendment Act of 1933" shall hold office until the twenty-eighth day of February, one thousand nine hundred and thirty-four, but shall go out of office on the first day of March, one thousand nine hundred and thirty-four. (4.) If within seven days from a date to be appointed by the Minister (who is hereby authorised to appoint such date) any association as aforesaid fails, neglects, or refuses to nominate any person or persons for appointment to the Board (as prescribed in paragraph (ii.) of subsection one of this section) or if any persons or person who shall be so nominated at any time refuse or refuses to act as a member of the Board, or if for any reason a Board is unable to be constituted pursuant to this section, the Governor in Council may without nomination appoint any person or persons to be a member or members of the Board, and any person or persons so appointed shall for all purposes be and be deemed to have been duly appointed a member or members of the Board. * This Act.

14678 MEDICAL. PART IV.- AMENDMENTS OF THE Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, PHARMACYACT. (5.) From and after the constitution of the Board under *" The Medical and Other Acts Amendment Act of 1933" the Pharmacy Board constituted under t" The Pharmacy Act of 1917" shall be dissolved." ( A )f m s. en 5 d . ment are 2 re 0 p . eaIlnedsecatinodn fitvheethewworodrsds a"nadnd brergaciskteratsr thnearmeoefly" "(constituted and appointed pursuant to *" The Medical and Other Acts Amendment Act of 1933 ")" are inserted. Amendment of s. 6. 21. Section six is amended as follows:- The words "or registrar" are repealed; also the words "appointment or election" are repealed and the words "appointment or appointment after nomination as aforesaid" are inserted in lieu thereof; also the words "or by the election of another registrar" are repealed; also the words "or elected and any registrar elected" are repealed. Repea~ of 22. (1.) Section seven is repealed and a new section :: ~ . an new seven is inserted in lieu thereof, namely:- . Appointment "[7.] The Governor in Council shall from time to of registrar. time appoint a person, who shall be an officer of the Public Service of Queensland, to be registrar of the Board." Amendment ()f s. 3. (2.) Section three is amended by omitting the definition of " Registrar" and inserting in lieu thereof the following definition :- Registrar. " "Registrar"-The registrar appointed under *" The Medical and Other Acts Amendment Act of 1933": the term also includes the registrar appointed under t" The Pharmacy Act of 1917" up to the appointment of the registrar under *" The Medical and Other Acts Amendment Act of 1933." " (3.) Subsection two of section nine is repealed. Amendment of s. 20. 23. Section twenty is amended as follows :-- (a) In the first proviso of subsection one all words after the words " by counsel " to the end of the proviso are repealed. * This Act. t 8 Geo. V. No. 11, supra, page 8320.

l\IEDICAL. 14679 PART IV.- 1933. Medical and Other Acts Amendment Act. AMENDMENTS OF THE PHARMACY ACT. (b) The following proviso is inserted after such first, proviso, namely:- " Provided that the Board may in the case of any pharmaceutical chemist who has been adjudged by the Board to have been guilty of infamous conduct in a professional respect, and if it deem proper in the circumstances, order that the registration of any such person be suspended for such time as is specified in the order of suspension, and upon the making of such order of suspension and during the period specified in such order the name of such person shall be deemed to be erased from the register and such person for such period shall not be a pharmaceutical chemist under this Act." (c) The following paragraph is added to subsection one, namely:- "Without limiting the meaning of the expression "infamous conduct in a professional respect," a pharmaceutical chemist shall be guilty of such conduct who is guilty of habitual drunkenness or habitual addiction to any deleterious drug." (d) A new subsection is inserted, namely : - " (lA.) Any person- New suh. seoti<m lA. (a) Whose name has been removed from the register; or (b) Whose registration has been suspended for such period as specified in the order of suspension by the Board, pursuant to subsection one of this section may appeal to the Supreme Court to have his name restored to the register or the suspension removed, and the Board shall, if the Supreme Court so orders, restore his name to the register or remove or abridge the suspension, as the case may be, or make such order in the circumstances as the Court thinks fit accordingly: Provided that on the hearing of any such appeal the evidence admitted and received by the Board at any inquiry conducted by the Board may be admitted and received by the Court without prejudice, however, to any powers of the Court in reviewing such evidence or in receiving any fresh evidence on appeal:

14680 MEDICAL. PART IV.- AMENDMENTS OF THE Medical and Other Acts Amendment Act. 24 Goo. V. No. 31, PHARMACYACT. Provided further, that notice of any appeal to the Supreme Court against the adjudication of the Board in respect of its finding under this section shall be given within three months of the adjudication of the Board." A 3 o 0 fm . sse. n 2 d 9 maenndts Act 2 ar 4 e . aSmeecntidoends tawsefnotlylo-nwisn,enaanmd tehliyrt;y- of the Principal (1.) Section twenty-nine is amended by adding thereto the following subsections, namely ;- Period of "(2.) The period of apprenticeship shall be three sahpippr. entice. years, and sha 11 be served under wrI. tten artl.C 1 es 0 f apprenticeship to a registered pharmaceutical chemist in an open chemiRt's shop or to a registered pharmaceutical chemist in any public institution, or to any registered pharmaceutical chemist being either a wholesale druggist or manufacturing chemist. ~ o premium (3.) Notwithstanding any Act or law to the contrary I a I p I prerespnet! ? cte. of any person who, after the passing of *" The Medical ship. and Other Acts Amendment Act of 1933," demands, accepts, or agrees to accept any consideration, premium, gift, forbearance, or allowance in connection with the employment or indenturing by him of any apprentice or pupil in pharmacy shall be guilty of an offence and shall be liable to a penalty not exceeding twenty pounds; and the Court shall order, in addition, that any sum of money received by any person contrary to this section shall be refunded by him to the person who made such payment." And the said section twenty-nine is renumbered subsection one of section twenty-nine accordingly. (2.) Paragraph (i.) of subsection one of section thirty is repealed and the following new paragraph is inserted in lieu thereof, namely;- Fees to members. PARTV.- AMENDMENTS OF THE OPTICIANS ACT. "(i.) Fees to be allowed to members of the Board for attendance at meetings." . PART V.-AMENDMENTS OF THE OPTICIANS ACT. CofoPnastrrtu V ct . ion t" Th 2 e 5. Op T t h ic i i s an P s ar A t c o t f of th 1 i 9 s 1 A 7, c " twshhiaclhl bAectr,eaasd aams eonndeewd ibtyh this Part, may collectively be cited as "The Opticians Acts, 1917 to 1933." * This Act. t 8 Geo. V. No. 7, supra, page 8305.

MEDICAL. 14681 1933. Medical and Other Acts Amendment Act. PARTV.- AMENDMENTS OF THE OPTICIANS Amendment8 of the Optician8 Act. AOT. 26. *" llhe Optician8 Act of 1917" is amended as Aofmtehnedments hereunder set forth. Opticians Act. 27. Section four is repealed and a new section four Repeal of I.S.Insert ed·In 1l· eu thereo f , name1y : - ; s' ew 4 asn. d 4. "[4.] (1.) There shall be constituted a Board Constitution consisting of seven members (which shall be called" The of Board. Board of Optical Registration") for the purpose of carrying this Act into effect. Such Board shall be constituted as follows :- (a) Four of such members shall be persons appointed by the Governor in Council, and one of them so appointed shall be chairman of the Board. (b) Three of such membel's shall be persons appointed by the Governor in Council on the nomination of the association or associations recognised by the Minister as representative of certified opticians: Provided that if there is more than one such association the Governor in Council shall have power and authority to apportion the representation under this paragraph (b) in such manner as he thinks fit and proper. (2.) The members of the Board appointed pursuant to subsection one shall, subject to this Act, hold office for three years but shall be eligible for reappointment: Provided that the Governor in Council may from time to time remove all or any of the members (including the chairman) appointed pursuant to paragraph (a) of subsection one, and may appoint such other person or persons in his or their stead as the Governor in Council may think fit. (3.) The members of the Board appointed pursuant to the said subsection one shall be appointed to hold office as from the first day of March, one thousand nine hundred and thirty-four: Provided that the chairman and members of the Opticians Board in office at the passing of t" The Medical and Other Act8 Amendment Act of 1933 " shall hold office * 8 Geo. v. No. 7, supra, page 8305. t This Act.

14682 MEDICAL. PARTV.- AMENDMENTS OF THE Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, OPTICIANS ACT. until the twenty-eighth day of February, one thousand nine hundred and thirty-four, but shall go out of office on the first day of March, one thousand nine hundred and thirty-four. (4.) If within seven days from a date to be appointed by the Minister (who is hereby authorised to appoint such date) any association as aforesaid fails, neglects, or refuses to nominate any person or persons for appointment to the Board (as prescribed in paragraph (b) of subsection one of this section) or if any persons or person who shall be so nominated at any time refuse or refuses to act as a member of the Board, or if for any reason a Board is unable to be constituted pursuant to this section, the Governor in Council may without nomination appoint any person or persons to be a member or members of the Board, and any person or persons so appointed shall for all purposes be and be deemed to have been duly appointed a member or members of the Board." Repeal of s.5. 28. Section five is repealed. New s. 9A. 29. The following new section IS inserted after section nine, namely :- Appeal in " [9A.] If the Board refuse to register any person rceafsuesoafl of under this Act the Board shall, if required by him, state registration. in writing the reason for such refusal. Such person may thereupon appeal to the Supreme Court and such appeal shall be in the nature of a rehearing.' , Amendment 30. Section eighteen is amended, as follows :- of s. 18. (a) In provjsion (i.) the words "a registrar (who shall also act us secretary to the Board) and" are repealed. (b) In provision (ii.) the words "to the registrar such salary as it thinks fit, and" are repealed. (0) The last paragraph is repealed and a new paragraph is inserted in lieu thereof, namely:- " A member of the Board shall receive such fees for his services in the capacity of a member as shall be from time to time prescribed."

MEDICAL. 14683 PARTV.- 1933. Medical and Othicr Acts Amendment Act. AMENDMENTS OF THE OPTICIANS (d) The section eighteen as amended is renumbered ACT. subsection one, and the following new subsection is inserted, namely:- "(2.) The Governor in Council shall from time to time Registrar. appoint a person, who shall be an officer of the Public Service of Queensland, to be registrar of the Board. The registrar shall also act as secretary of the Board." 31. The following provision is added to subsection Amendment one of section twenty-seven, namely :_ of s. 27. " On the hearing of any such appeal the evidence admitted and received by the Board in the first instance may be admitted and received by the Court without prejudice, however, to any powers of the Court in reviewing such evidence or in receiving any fresh evidence on appeal." 1 .c 0 1 O 1 W 3 ' 2 In . g SpcrohveId . suI . Olen : n - . is amended by inserting the oAfmSecnhd. mHe.nt PART VI.- "(lA.) Prescribing the fees payable to members of the Board." A1vlENDMENTS OF THE NURSES PART VI.-AMENDMENTS OF THE NURSES AND MASSEURS REGISTRATION AOT. MA~ ~ ~ URS REGlr~ ~ TION 83. This Part of the Act shall be read as one with Construction *" The Nurses and Ma8seurs Registration Act of 1928," of Part VI. herein referred to as the Principal Act. The Principal Act as amended by this Part of this Act may collectively be cited as "The Nu,rses and Masseurs Registration Acts, 1928 to 1933." Amendments of the Principal Act. 34. *" The Nurses and Masseurs Registration Act of Amendments 1928 " is amended as herein set forth. 1! r~ ~ pal Act. 35. Section four of the Principal Act is repealed Repeal of and a new section four is inserted in lieu thereof , s 8 . . 4 4 . and new namely:- " [4.] (1.) There shall be constituted a Board Registration consisting of seven persons called "The Nurses and Board. Masseurs Registration Board" (herein referred to as the " Board ") for the registration of duly qualified nurses and masseurs. - - - - - -- - --- --- --- -- - -- - ~ - -- - - * 19 Geo. V. No. 10, supra, page 12202.

14684 PABTVI.- AMENDMENTS OF THE NURSES AND MASSEURS REGISTRATION AOT. COIlBtitution of Board. MEDICAL. Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, Such Board shall be constituted as follows : - (a) Four of such members shall be persons appointed by the Governor in Council, and one of them so appointed shal1 be chairman of the Board. (b) Two members shall be nominated by an association or associations recognised by the Minister as representative of nurses: Provided that if there is more than one such association the Governor in Council shall have power and authority to apportion the representation under this paragraph (b) in such manner as he thinks fit and proper. (c) One member shall be nominated by an association or associations recognised by the Minister as representative of masseurs: Provided that if there is more than one such association, and a nomination is received from more than one such association, the Governor in Council shall have power and authority to decide what member shall be appointed under this paragraph (c), and such decision shall be final. Tenure of office. First appoint· ments. (2.) The members shall be appointed by the Governor in Council and shall hold office for three years but they shall be eligible for reappointment: Provided that the Governor in Council may from time to time remove all or any of the members (including the chairman) appointed pursuant to paragraph (a) of subsection one, and may appoint such other person or persons in his or their stead as the Governor in Council may think fit. (3.) The first appointments made under this section four (being section four as inserted by Part VI. of *" The Medical and Other Acts Amendment Act of 1933") shall be made to take effect as and from the first day of March, one thousand nine hundred and thirty-four, but the Nurses Registration Board· at present constituted pursuant to the provisions of t" The Nurses and Masseurs Registration Act of 1928" shall continue in office and * This Act. t 19 Gao. V. No. 10, supra, page 12202.

MEDICAL. 14685 1933. Medical and Othier Acts Amendment Act. APMAERNTD V ME I N . T - S N O U F RTSHEES have and exercise all the powers, duties, authorities, MA~ ~ ~URS and responsibilities of the Board until the appointment REGI~ TRATION of the first Board appointed pursuant to section four (as inserted by Part VI. of *" The Medical and Other Acts Amendment Act of 1933 ") but shall go out of office on err. the twenty-eighth day of February, one thousand nine hundred and thirty-four. (4.) If within seven days from a date to be appointed Power of by the Minister (who is hereby authorised to appoint g~ verilo~ in such date) any association or body aforesaid fails, ev; n~ C or neglects, or refuses to nominate any person or personsfallu~ e tt O £, or appo • mtment to t he Board ( as prescrl' bed' m paragraphS& nocm. lna e, (b) and (c) of subsection one aforesaid) or if any persons or person who shall be so nominated at any time refuse or refuses to act as a member of the Board, or if for any reason a Board is unable to be constituted pursuant to this section, the Governor in Council may without nomination appoint any person to be a member of the Board, and any person so appointed shall for all purposes be and be deemed to have been duly appointed a member of the Board. (5.) If a member fails to attend three or more Member consecutive meetings of the Board extending over a failin~ to period of not less than three months without leave of atten . absence from the Board, he or she shall cease to be a member. (6.) If at any time a vacancy in the Board is caused Vacancies. by death, resignation, or otherwise, the Governor in Council shall appoint some fit and proper person having the same qualification and nomination (if any) as the previous occupant of the vacant position, who shall hold office until the date when the member whose place he fills would have gone out of office in the ordinary course: provided that in the case of appointments made under this subsection the member appointed shall be a medical practitioner if the previous occupant of the position was a medical practitioner, or a qualified nurse if the previous occupant of the position was a nurse, or a qualified masseur if the previous occupant of the position was a masseur. (7.) The business and procedure of the Board and Business the meetings thereof shall be conducted and carried out procedure. in the manner prescribed by the regulations." * This Act.

14686 MEDICAL. PART VI.- AMENDMENTS OF THE Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, NURSES AND MASSEURS 36. Section seven of the Principal Act is amen d e d REGI~ ~ TION by omitting all words from and including the words Amendment " During the month of January" to and including the of s: 7; words "and six pence," and inserting in lieu thereof the I:fstratlOn following words, namely: "During the month of January, one thousand nine hundred and thirty-four, and thereafter in the month of January in every year, every person registered under this Act shall pay to the Board such annual registration fee as may be prescribed." Repeal of 37. Section eight of the Principal Act is repealed ~e! ~ ~ .ds, SA, and the following new sections are inserted in lieu and SB. thereof, namely : - tpUoenrasrsoesgnuismstneeroeatd 0 f - name of registered nurse and/or masseur. " [8.J No person shall take or use the name or title (a) A registered nurse, or use any initials 01' description or any name, title, addition, or designation implying that such person is registered under this Act, unless such person is registered under this Act; or (b) A general nurse unless such person is registered as a general nurse; or (c) A mental nurse unless such person is registered as a mental nurse; or (d) A child welfare nurse unless such person is registered as a child welfare nurse; or (e) A midwife, midwifery nurse, or obstetric nurse unless such person is registered as a midwifery nurse; or (f) A masseur, or use any initials or description or any name, title, addition, or designation implying that such person is registered under this Act, unless such person is registered under this Act. Any person who, not being so registered, takes or uses any such name, initials, title, addition, designation, or description as aforesaid shall be liable on conviction to a penalty not exceeding twenty pounds. ~ nauthor: [8A. ] (1. ) No registered mental, child welfare, or lSed nursmg'midwifery nurse shall act in a capacity in which she is not registered, and no person who is not registered as a midwifery nurse shall for gain attend any maternity patient.

MEDICAL. 14687 1933. Medical and Other Acts Amendment Act. PART VI.- AMENDMENTS OFTHli NURSES Any person contravening the provisions of this MA~~ ~ URS section shall be liable to a penalty not exceeding twent • y REGIS A T C R T A . TION pounds. (2.) The provisions of this section shall not apply to- (a) Any legally qualified medical practitioner; (b) Any person attending a maternity patient who does not reside within five miles of a legally qualified medical practitioner or registered midwifery nurse, or in whose case no such practitioner or nurse is known after due inquiry to be able or willing to attend; or (c) Any person rendering assistance in a case of emergency. [8B. J A registered nurse or registered masseur shall Registered not employ an unregistered person as her or his tpoeresmonpslonyot substitute. unregistered Any nurse or masseur 0 ffendI· ng agaI.nst the spuebrssotintsuteass. provisions of this section shall be liable to a penalty not exceeding twenty pounds." 38. Section sixteen of the Principal Act is repealed Repeal of and a new sect · IOn·SIXt een I.S . Insert ec I ' In lI' eu thereof, sn. ew 16 sa. n 1 d 6. namely:- "[16.J (1.) There Hhall be payable to the BoardFe~ ~ for. by every person wh 0 app 1 I · es for regI.St rat'IOn under thI' S reglstratlOn. Act such fees as may be prescribed. (2.) The Board is hereby authorised and empowered Suspension t o suspend the payment by any :r:eg.lst ered person 0 f any roefgainstnruaatilon annual registration fee or any part thereof in any case fee. where such registered person may be absent from the State or is not practising in the State her or his profession as nurse or masseur under this Act." 39. Section seventeen is repealed and a new section Repeal of sevent een I.S.Insert ed'In! le' U therefo: - s n . ew 17s a . n 1 d 7. "[17.J The Governor in Council shall from time to Registrar. time appoint a person, who shall be an officer of the PubLc Service of Queensland, to be registrar of the Board. The Board may appoint such other officers as the Board think necessary to give effect to this Act and may pay such other officers such salary and allowances out

14688 MEDICAL. PART VI.- AMENDMENTS OF THE Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, NURSES MA~ ~ ~ URS of the funds of the Board as the Board thinks fit; all REGIS A T C R T A . TION such other officers shall hold office during the pleasure of the Board." Amendmon!; 40. Section twenty-two of the Principal Act is of B. 22. amended by inserting two new paragraphs after paragraph (vi.) of subsection one as follows : - "(ViA.) Prescribing fees payable to the chairman and members of the Board for attendance at meetings, which fees shall be payable out of the funds of the Board. (viB.) Prescribing annual registration fees, examination fees, fees for registration, fees for retention of name on the register, and such other fees as may be prescribed, and for the suspension or exemption in whole or in part of any such fees." PART VII.- GENERAL. PART VII.-GENERAL. DeVllluLion 41. (1.) On the date of the constitution of any Board of assets. pursuant to this Act, namely, all or any of the following Boards :- Medical Board, Dental Board, Pharmacy Board, Board of Optical Registration, Nurses and Masseurs Registration Board- (a) All the property whether real or personal and all other assets of whatever description, and all rights, liabilities, obligations, cpntracts, and engagements of all or any Boards as constituted prior to such date shall without any transfer, assignment, or conveyance 01' notice other than this Act be divested from all or any of such Boards, and shall be and be deemed to be vested in and shall attach to and may be enforced by and against all or any of the Boards concerned constituted under this Act. (b) All instruments, documents, records, corre- spondence, and all books and writings the property of any such Board as constituted prior to such date shall without any notice other than this Act be and be deemed to be handed over to the Board concerned constituted under this Act and become the property of the Board concerned.

1933. MEDICAL. Medical and Othlelr' Acts Amendment Act. 14689 PART VII.- GENERAL. (2.) Each and every Board constituted under this Each Board Act shall be a body corporate under the name of " The ~ ~ : ; Medical Board," or "The Dental Board," or "The corporate. Pharmacy Board," or "The Board of Optical Registration," or" The Nurses and Masseurs Registration Board," as the case may be, and each and every such Board concerned by such name concerned shall have perpetual succession and an official seal and shall be capable in law of suing and being sued, and shall have power to take, purchase, sell, exchange, lease, and hold lands, goods, chattels, and other property, and each and every such Board shall be a body corporate in which property real or personal may be vested pursuant to any law; and all courts, judges, and persons acting judicially shall take judicial notice of the seal of any such Board concerned affixed to any document or notice and shall presume that it was duly affixed. 42. Notwithstanding anything to the contrary Registrar contajned in the following Acts, namely:- and officers. "The Medical Acts, 1925 to 1933," "The Dental Acts, 1902 to 1933," "'Phe Pharmacy Acts, 1917 to 1933," "The Opticians Act8, 1917 to 1933," "The Nurse8 and Masseurs Registration Acts, 1928 to 1933," and for the purposes of the above Acts, the Governor in Council on the recommendation of the Public Service Commissioner may appoint a person, being an officer of the Public Service, to be registrar of all the Boards constituted under the abovementioned Acts, and such person so appointed shall be the registrar in and for the purposes of such Acts and each and every of such Acts accordingly: Moreover, the Governor in Council on the recommendation of the Public Service Commissioner may appoint such officer or officers other than the registrar which may be deemed necessary for the purpose of carrying out the provisions and objects of such Acts. The salary of the registrar and of any other officers so appointed shall from time to time be determined by the Governor in Council:

14690 PART VII.- GENERAL. MEDICAL. Medical and Other Acts Amendment Act. 24 GEO. V. No. 31, ]933. Moreover, the Governor in Council shall have power and authority to direct that all such Boards constituted under the above Acts shall from time to time payout of the funds of the several Boards to the Consolidated Revenue such amounts and in such proportion as from time to time prescribed by the Governor in Council and as shall be necessary and sufficient to pay the salary of the registrar and any other officer or officers hereinbefore referred to, together with the expenses of the administration incurred or to be incurred bv t,he Governor in Council in the carrying out of the obj~ cts of the aforesaid Acts and each and every of such Acts. Any such direction of the Governor in Council shall be final and conclusive and without appeal to any tribunal whatsoever. On the appointment of the registrar by the Governor in Council under this section any person or persons holding office as registrar- Under *" The Medical Acts, 1925 to 1932," or Under t" The Dental Acts, 1902 to 1931," or Under t" The Pharmacy Act of 1917," or Under §" The Opticians Act of 1917," or Under !I" The Nurses and Masseurs Registration Act of 1928," shall go out of office. Indemnity. 43. No action, claim, or demand whatsoever shall lie or be made or allowed by or in favour of any person whomsoever against His Majesty, or the Crown, or the Minister, or any member of the Public Service, or any Board to which this Act refers constituted prior to the first day of March, one thousand nine hundred and thirty-four, or any Board to which this Act refers constituted as from the first day of March, one thousand nine hundred and thirty-four, pursuant to this Act, or any member thereof, for or in respect of any damage or loss sustained or alleged to be sustained for loss of office - -- - . - - - - ~ - - - . - - - - - - - - - - - * 16 Geo. V. No. 24 and 23 Geo. V. No. 33, supra, pages 11337 and 14373. t 2 Edw. VII. No. 25, 7 Geo. V. No. 23, supra, page 8061, and 22 Geo. V. No. 51, supra, page 13844. t 8 Geo. V. No. 11, supra, pago 8320. § 8 Geo. V. No. 7, supra, page 8305. 11 19 Geo. V. No. 10, supra, page 12202.

MEDICAL-MERCANTILE. 24 GEO. V. No. 8,1933. Trade Ooupons Act. 14691 PART VII.- GENERAL. whether as a member or registrar or officer of any Board to which this Act refers by reason of the passing of and operation of this Act. 44. No act or proceeding purporting to be When acts authorised by any Board under this Act shall be held ~ ~~i~a; ~id. to be invalid by reason that any such Board was not properly constituted, or by reason of any invalidity or irregularity in the appointment of any member or members of any Board or the registrar concerned. MEDICINES, VETERINARY. See VETERINARY MEDICINES. MERCANTILE. An Act to Prohibit the Use ofTrade Coupons, and for 24 Gao. v. other purposes. N;~:. TRADE [ASSENTED TO 11TH OCTOBER, 1933.] COUPONS AOT OF 1933. B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queenslandin Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Trade Short title C oupons A c t O . J f 1933 • " amnedncceomrne· nt (2.) *This Act shall come into force on a date to be of Act. proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is hereinafter referred to as the commencement of this Act. 2. t" The Trade Coupons Act of 1912 " is repealed: Repeal of Provided that without limiting the operation of ~ ~ ef4. V. t" The Acts Shortening Acts," all matters and proceedings commenced under the said repealed Act and pending or in progress at the commencement of this Act may be continued, completed, and enforced under this Act. * Act proclaimed to come into force as from 1st January, 1934 (Gazette, 16th December, 1933, page 1490). t 3 Gao. v. No. 14, Bupra, page 5667. t 31 Vic. No. 6 and amending Acts, Bupra, page 15. N