Optometrists Act Amendment Act 1987 (Qld)

760 II-EE ANNO TRICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 56 Of 1987 An Act to amend the Opt o metrists Act 1974 - 1984 in certain particulars ] [ASSENTED TO IST OCTOBER, 1987

Optometrists Act Amendment Act 1987, No. 56 761 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Optometrists Act Amendment Act 1987. (2) In this Act, the Optometrists Act 1974-1987 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Optometrists Act 1974-1987. 2. Commencement . (1) Section 1 and this section shall commence on the date on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), this Act or the provisions thereof specified in the Proclamation shall commence on the day or days appointed by Proclamation for the commencement of this Act or, as the case may be, those provisions. 3. Amendment of s. 5. Meaning of terms . Section 5 of the Principal Act is amended by omitting from the definition "optometry" the word "and" where it secondly occurs and substituting the word "or". 4. Amendment of s. 19. Qualifications for registration . Section 19 of the Principal Act is amended by- (a) in subsection (1), omitting paragraphs (a), (b) and (c) and substituting the following paragraph:- "(a) he is the holder of one of the prescribed qualifications;"; (b) in subsection (2), omitting the words ", (b) or (c)". 5. Amendment of s. 24. Disciplinary action. Section 24 of the Principal Act is amended by omitting subsections (7) and (8) and substituting the following subsections:- "(7) Where the Board has dealt with an optometrist under the provisions of subsection (6) the Board may order that the optometrist pay to the Board by way of costs such reasonable sum of money as it thinks fit. (8) Any pecuniary penalty or costs ordered by the Board to be paid pursuant to subsections (6) or (7) shall become due and payable forthwith, or, if the Board allows time for payment thereof, immediately upon expiration of the time so allowed. (9) The registrar shall secure compliance with an order of the Board made under paragraph (a), (b) or (c) of subsection (6) or under subsection (7). (10) The suspension of registration of any person shall whilst the suspension continues in force have the same effect as a cancellation of registration and removal of the name of the suspended person from the register pursuant to this section. 25

762 Optometrists Act Amendment Act 1987, No. 56 (11) The Board may order the publication in such manner as it thinks fit of its findings upon an inquiry under this section.". 6. Repeal of s. 28. Restriction in relation to drugs. The Principal Act is amended by repealing section 28. 7. Amendment of s. 29. Restriction on practice of optometry . Section 29 of the Principal Act is amended by, in subsection (2), omitting the words "or any drug". 8. Amendment of s. 37. Proceedings generally . Section 37 of the Principal Act is amended by, in subsection (3), inserting after the word " penalties " the words "or costs". 9. Amendment of s. 40. By-laws. Section 40 of the Principal Act is amended by- (a) in subsection (1), omitting paragraphs (f) and (g) and substituting the following paragraphs:- "(f) the qualifications referred to in paragraph (a) of section 19 (1); (g) regulating the manner in which- optometrists; or bodies or associations of persons -corporate or unincorporate engaged in the practice or business of optometry or the fitting and supply of any optical appliance, are authorized to advertise for work or business or to permit or suffer other persons to advertise for work or business for them;"; (b) omitting subsection (2) and substituting the following subsection:- "(2) For the purposes of paragraph (g) of subsection (1)- (a) the expression "to advertise" includes a reference to making an approach by any means whatever, whether to the public generally or to any person, for the purpose of attracting work or business, (including a direct approach by spoken words); (b) the power to regulate advertising thereby conferred includes the power to regulate the use of notices, signs, name plates and any other means adopted to show the location of the practice or business of the persons whose advertising may be regulated pursuant to the paragraph.". 10. Repeal of s. 41 and new section . The Principal Act is amended by repealing section 41 and substituting the following section:- "41. Procedural provisions re by-laws. Section 28A of the Acts Interpretation Act 1954-1985 (which provides for the laying

Optometrists Act Amendment Act 1987, No. 56 763 of regulations before the Legislative Assembly and disallowance thereof by the Assembly) applies in relation to every by-law made under this Act as if it were a regulation.". 11. Increase in penalties . The Principal Act is amended by, in each provision referred to in the first column of the following Table, omitting the expression specified in the second column of the Table opposite the reference to that provision and substituting the expression specified in the third column of the Table opposite the reference to that provision. 24 (6) (c) 31 (1) 32 (2) (a) 32 (2) (b) 33 (2) 33 (2) 34 (1) 36 (1) 40 (1) (k) TABLE $250 $250 $ 250 $ 500 $40 $10 $250 $250 $100 40 penalty units 5 penalty units 15 penalty units 30 penalty units 30 penalty units 4 penalty units 30 penalty units 30 penalty units 30 penalty units