Optometrists Acts Amendment Act of 1965 (Qld)

i5 G itrrttsla t ANNO QUARTO DECIMO ELIZABETH AE SECUNDAE REGINAE No. 10 of 196 5 An Act to Amend " The Optometrists Acts, 1917 to 1959," in certain particulars [ASSENTED TD 21ST APRIL, 1965] 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. (1) Short title . This Act may be cited as " The Optometrists Acts Amendment Act of 1965." (2) Principal Act. " The Optometrists Acts, 1917 to 1959," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may collectively be cited as " The Optometrists Acts. 1917 to 1965." 2. Amendment of s. 2 . Section two of the Principal Act is amended by omitting the definition " Minister " and inserting in its stead the following definition:- " Minister "-The Minister for Health or other Minister of the Crown for the time being charged with the administration of this Act: the term includes a Minister of the Crown temporarily performing the duties of the Minister charged with the administration of this Act:

160 Optometrists Acts Amendment Act of 1965, :tio. 10 3. Amendment of s. 10 . Section ten of the Principal Act is amended by in the second paragraph (being the paragraph commencing with the words " Any person ") omitting the words " not more than five pounds and inserting in their stead the words " twenty pounds ". 4. Amendment of s. 12 . Section twelve of the Principal Act is amended by omitting the words " fifty pounds " and inserting in their stead the words " one hundred pounds ". 5. Amendment of s. 16 . Section sixteen of the Principal Act is amended by in the second paragraph omitting the words " twenty pounds and inserting in their stead the words " fifty pounds ". 6. Amendment of s. 16A (2). Subsection (2) of section 16A of the Principal Act is amended by- (a) omitting the words " five pounds " and inserting in their stead the words " twenty pounds "; (h) omitting the words " ten pounds " and inserting in their stead the words " fifty pounds ". 7. Amendments of s. 16B (2). Subsection (2) of section 16B of the Principal Act is amended by- (a) in paragraph (a)- (i) omitting the words " ten pounds " and inserting in their stead the words " twenty pounds ": (ii) omitting the words " two pounds " and inserting in their stead the words " five pounds "; and (b) in paragraph (b)- (i) omitting the words " one hundred pounds " and inserting in their stead the words " one hundred and fifty pounds (il) omitting the words " twenty pounds " and inserting in. their stead the words " twenty-five pounds ". 8. Amendment of s. 17 (2). Subsection (2) of section seventeen of the Principal Act is amended by omitting the words " ten pounds " and inserting in their stead the words " twenty-five pounds ". 9. Amendments of s. 19 . Section nineteen of the Principal Act is amended by- (a) omitting paragraphs (i) and (ii); and (hi renumbering paragraphs (Jil). (iv) and (v) as paragraphs (i), (ii) and (iii) respectively. 10. Insertion of new s. 19A . The Principal Act is amended by inserting after section nineteen the following section:- [19A.] Disciplinary action . (1) Where an certified optometrist- (a) has been convicted in Queensland of an indictable offence. or elsewhere than in Queensland of an offence which if committed in Queensland would be an indictable offence: or (b) has in the opinion of the Board been guilt\ of misconduct in a professional respect. the Board may, according as it shall deem Just under the circumstances- (c) order his name to be erased from the register: (d i order that his registration be suspended for such time as i! shall specif'.: or

Optometrists A cts Amendment Act of 1965, No. 10 161 (e) order that he shall pay to the Board by way of a pecuniary penalty such sum, not exceeding one hundred pounds, as it shall determine; or (f) order him to be reprimanded. (2) The suspension of registration of any person pursuant to this section shall whilst the suspension continues in force have the same effect as an erasure of the name of the suspended person from the register pursuant to this section. (3) Before making an order under this section the Board shall- (a) give to the certified optometrist concerned, either personally or by registered post, notice in writing of the charge against him and of the date of the hearing of the charge; (b) hold full inquiry into the matter of the charge and afford such certified optometrist an opportunity of giving a defence either in person or by counsel or solicitor. (4) (a) An inquiry or hearing of a charge under this section shall be only open to the public where the Board so determines. The Board may make such determination of its own motion or at the request of the person who complained to the Board of the matter the subject of the charge or of the certified optometrist charged. If the Board refuses the request such person or certified optometrist shall have a right of appeal as prescribed by section twenty-seven of this Act provided that he makes the appeal- (a) if he resides or carries on business in the Area of the City of Brisbane or of any other city in Queensland, within fourteen days; or (b) in any other case, within twenty-eight days, after the date on which the Board has notified him in writing of its refusal. A Judge of the Supreme Court may, upon application by the Board, dismiss such an appeal if he is satisfied that the appellant has not prosecuted the appeal with due diligence. (b) Subject to paragraph (a) of this subsection, the Board in holding any inquiry or hearing any charge under this section shall have all the powers, authority, protection and jurisdiction of a Commission of Inquiry under " The Commission of Inquiry Acts, 1950 to 1952," save such jurisdiction, powers. rights and privileges as are confined to a chairman of a Commission when that chairman is a Judge of the Supreme Court. (5) Whenever the registration of a person is suspended under the provisions of this section the Registrar shall enter in the register a memorandum of that fact and the cause thereof." 11. Amendment of s. 20. Section twenty of the Principal Act is amended by omitting subsection (3). 12. Repeal of s. 25 . The Principal Act is amended by repealing section twenty-five. 13. Amendment of s. 31 t4). Subsection (4) of section thirty-one of the Principal Act is amended by omitting the words " twenty pounds " and inserting in their stead the words " fifty pounds ". 6

162 Optometrists Acts Amendment Act of 1965, No. 10 14. Amendment of s. 32. Section thirty-two of the Principal Act is amended by omitting the words " ten pounds " and inserting in their stead the words " twenty-five pounds ". 15. Amendment to Schedule II. Schedule II of the Principal Act is amended by, in clause-eleven, omitting the proviso.