Opticians Acts Amendment Act of 1959 (8 Eliz Ii No. 53) (Qld)

210 (l§uecitslanh ANNO OCTAVO EL1ZABETHAE SECUNDAE REG1NAE. No. 53. An Act to Amend "The Opticians Acte, 1917 to 1954," in certain particulars. [A ssented to 21 st D ecember , 1959.] B E it enacted by the Queen’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 Short title. Principal Act. 1. (1.) This Act may be cited as “ The Opticians Acts Amendment Act of 1959.” (2.) “ The Opticians Acts, 1917 to 1954,” are in this Act referred to as the Principal Act. tCitollel. ective collec( 3ti.) veTlyhecitPedrinacsipa“ l T A he ct Op a t n o d met t r h is is ts A A c ct t s , m1a9y17 b to e 1959.”

8 E liz II. No. 53, 1959. Opticians Acts Amendment Act. 211 2. The long title to the Principal Act is amended Amendment by repealing therein the word “Opticians” and titie.ng inserting, in lieu of that repealed word, the word “ Optometrists 3. Section one of the Principal Act is amended Amendment by repealing therein the word “ Opticians ” and inserting, ° 8' ‘ in lieu of that repealed word, the word “ Optometrists ”. 4. Section two of the Principal Act is amended— Amendments (a) By repealing the definition “ Board ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Board ’’—The Board of Optometrical Board- Registration constituted under this Act; ” (b) By repealing the definition “ Certified optician ” and inserting, in lieu of that repealed definition, the following definition :— “ “ Certified optometrist ”—A person who holds a Certified certificate of his entitlement to practise °Ptometrist* optometry as prescribed and which certificate is for the time being in force ; ” ; (c) By repealing the definition “ Medical practitioner ” and inserting, in lieu of that repealed definition, the following definition:— ““Medical practitioner” — A medical practitioner Medical under and within the meaning of “ The Practlt‘oner* Medical Acts, 1939 to 1958 ” ; ” ; (d) By repealing the definition “ Minister ” and inserting,, in lieu of that repealed definition, the following definition:— “ “ Minister ”—The Minister for Health and Home Minister. Affairs or other Minister of the Crown charged for the time being with the administration of this Act; ” ; (e) By repealing the definition “ “ optometry- ” or “ the practice of optometry ” ” and inserting, in lieu of that repealed definition, the following definitions :— “ “ Optometry ”—The testing of sight or the supply Optometry, and fitting of optical appliances, or both such testing and such supply and fitting ;

212 Opticians Acts Amendment Act. 8 E liz . II. No. 53, Optical appliance. Registrar. “ Optical appliance ”—An appliance designed to correct, remedy or relieve a defect of sight but does not include any eye cover or bandage ; ” ; and (/) By repealing the definition “ Registrar ” and inserting, in lieu of that repealed definition, the following definition:— “ “ Registrar ”—The Registrar of the Board appointed pursuant to “ The Medical and Other Acts Amendment Act of 1933 ” ; ”. Aofmse.n4d(ml)e.nts Act 5i. s Suabmseenctdieodn—one of section four of the Principal (а) By repealing, in the first paragraph, the word “ Optical ” and inserting, in lieu of that repealed word, the word “ Optometrical ” ; and (б) By repealing, in subparagraph (b) of the second paragraph, the words “ certified opticians ” and inserting, in lieu of those repealed words, the words “ certified optometrists.” Amendments of s. 9. 6. Section nine of the Principal Act is amended— (а) By repealing the word “ optician ” where that word appears twice, and inserting, in lieu of that repealed word where so repealed twice, the word “ optometrist ” ; and (б) By repealing the word “ opticians ” and inserting, in lieu of that repealed word, the word “ optometrists New s. 9 b inserted. Additional qualifica­ tions. 7. The following section is inserted after section 9 a of the Principal Act:— “ [9 b .] Every certified optometrist who holds or obtains any additional or higher degree, diploma or status or any qualification other than the qualification in respect of which he is registered shall, subject to the additional or higher degree, diploma or status or other qualification being approved by by-law for registration under this Act, be entitled to have the same recorded

1959. Opticians Acts Amendment Act.. 213 in the register relative to his registration therein on making to the Board application in that behalf accompanied by the amount of the prescribed fee. If the Board refuses an application under this section, section 9 a of this Act shall, with and subject to all necessary adaptations, apply.” 8. Section ten of the Principal Act is amended by Amendment repealing the word “opticians” and inserting, in lieuofs,1°- of that repealed word, the word “optometrists”. 9. Section fifteen of the Principal Act is repealed Repeal of and, in lieu of that repealed section, the following section £nf5new is inserted:— “ [15.] (1.) A person who is not a certified offences optometrist shall not practise optometry. relating to practice of • optometry. ( 2 .) A certified optometrist shall not use surgery or any drug for any purpose of or connected with the practice of optometry. (3.) This section does not apply to practice in the actual craft of lens-grinding and spectacle-making.” 10. Section sixteen of the Principal Act is Amendments amended— ofs-16- (a) By repealing the words “ certified optician ” ! and inserting, in lieu of those repealed words, the words “ certified optometrist ” ; (b) By inserting in subparagraph (i.) of the first paragraph, after the words “ name or title of ”, the j words and quotation marks “ “ optometrist ” or ” ; and (c) By repealing in the said subparagraph (i.) the : word “ opticians ” and inserting, in lieu of'that repealed word, the word “ optometrists ”. 11. Section 16 a of the Principal Act is amended Amendment by repealing the words “certified optician”, wherever of s- 16a- those words appear, and by inserting, in lieu of those repealed words wheresoever repealed, the words “ certified optometrist ”.

214 Opticians Acts Amendment Act. 8 E liz . II. No. 53, New s. 16 b 12. The following section is inserted after section inserted. 16 a of the Principal Act:— oWpprhatocemtniceetroyf corpo “ r [ a 7 t 6 e b o . r ] u (1 n . i ) ncAorpboordatye, sohrallanssootc— iation of persons, by bodies of persons (a) Engage in the practice of optometry; or prohibited. (b) Advertise or hold out howsoever that it is an optometrist or engaged in the practice of optometry; or (c) Use, publish or exhibit any title, letters or words indicating, or reasonably capable of being construed to indicate, that it is an optometrist or engaged in the practice of optometry. (2.) Where this section is contravened— (а) By an unincorporated body or association of persons, every person who is a member thereof shall be guilty of an offence against this Act and liable to a penalty of not more than ten pounds, and to a daily penalty of not more than two pounds if such offence is continued after any such person has been convicted therefor; or (б) By an incorporated body or association of persons, it and every member of its governing body, by whatever name called, shall be guilty of an offence against this Act, and it and every such member shall be liable to a penalty of not more than one hundred pounds and to a daily penalty of not more than twenty pounds if such offence is continued after any of them has been convicted therefor. (3.) This section does not apply to— (a) The practice of optometry by an incorporated body or association of persons comprised exclusively of certified optometrists, or by an unincorporated body or association of persons comprised exclusively of certified optometrists

1959. Opticians Acts Amendment Act. and registered as a firm under “ The Registration of Firms Acts, 1942 to 1958,” if, but only if, each and every person engaged for the time being in carrying on the practice of optometry for such body or association of persons is a certified optometrist; or (6) The fitting and supply by or on behalf of any body or association of persons, corporate or unincorporate, of any optical appliance if, but only if,— (i.) Such optical appliance is fitted and supplied on a prescription of a medical practitioner or certified optometrist who is not an employee, agent or, in the case of an unincorporated body or association of persons, member of the body or association of persons concerned ; and (ii.) The work of fitting and supplying such optical appliance is done by a member, employee Or agent of the body or association of persons concerned who is a certified optometrist; or (c) The engagement of a body or association of persons, corporate or unincorporate, in the actual craft of lens-grinding and spectacle­ making. 215 13. Section nineteen of the Principal Act is Amendments amended— ofs19- (a) By repealing in paragraph (i.) the words “ certified optician ” and inserting, in lieu of those repealed words, the words “certified optometrist ; ( b ) By repealing in paragraph (iii.) the words “certified opticians” and inserting, in lieu of those repealed words, the words “ certified optometrists ” ; and (c) By repealing in paragraph (v.) the word “ opticians ” and inserting, in lieu of that repealed word, the word “ optometrists

216 Opticians Acts Amendment Act. 8 Buz. II. No. 53, Amendment 14. Section twenty of the Principal Act is amended of. a. 20 . by repealing the word “ opticians ” and inserting, in lieu of that repealed word, the word “ optometrists Amendment 15. Section twenty-six of the Principal Act is ° s* ' amended by repealing, in paragraph (vi.), the words “ certified optician ” and inserting, in lieu of those repealed words, the words “ certified optometrist ”. Amendments 10 Schedule II. to the Principal Act is amended— (a) By inserting after clause eight the following clause :— “ (8 a .) Regulating and controlling the use by certified optometrists of titles, letters or words indicating or describing their qualifications, prescribing titles, letters or words which shall or may be used to indicate or describe that any person is a certified optometrist or to indicate or describe any particular optometrical qualification, prohibiting the use by certified optometrists, in relation to their qualifications as optometrists or the practice by them of optometry, of any titles, letters or words other than those prescribed for such use or prohibiting any prescribed titles, letters or words from being so used and, in relation to optometrical qualifications, either generally or except to indicate or describe a particular qualification.”; and (b) By in the proviso to clause eleven repealing all words appearing under the heading “ Group I.” ( and inserting, in lieu of those repealed words, the words— “ English, Mathematics A, Mathematics B <’ * Amendments 17. Schedule III. to the Principal Act is of Sch. ill. amend , ed— A (а) By repealing the quotation marks, words and numeral “ “ The Opticians Act of 1917 wherever appearing, and by inserting in lieu thereof, wheresoever repealed, the quotation marks, words and numerals ““The Optometrists Acts , 1917 to 1959””. (б) By repealing the words “ certified optician ” and inserting, in lieu of those repealed words, the words “ certified optometrist ” ; and

1959. Opticians Acts Amendment Act. 217 (c) By repealing the words “ Board of Optical Registration ” and inserting, in lieu of those repealed words, the words “ Board of Optometrical Registration 18. Schedule IV. to the Principal Act is amended— Amendments of Sch. IV. (a) By repealing the quotation marks, words and numeral “ “ The Opticians Act of 1917 ” ”, wherever appearing, and by inserting in lieu thereof, wheresoever repealed, the quotation marks, words and numerals “ “ The Optometrists Acts, 1917 to 1959 ” ” ; and (b) By repealing the words “ Board of Optical Registration ” and inserting, in lieu of those repealed words, the words “ Board of Optometrical Registration