Optometrists and Optical Dispensers (Amendment) Act 1969 (NSW)
OPTOMETRISTS AND OPTICAL DISPENSERS
(AMENDMENT) ACT.
| Jgeb | Males; |
ANNO OCTAVO DECIMO
ELIZABETHS H BEGINS
Act No. 57, 1969.
An Act to make further provision with respect to the registration o f optometrists and the practice of optometry and optical dispensing by unregistered persons; for these and other purposes to amend the Optometrists Act, 1930, and the Optical D is pensers Act, 1963; and for purposes connected therewith. [Assented to, 17th October, 1969.]
Optometrists and Optical Dispensers {Amendment).
No. 57, 1969 D E it enacted by the Queen’s Most Excellent Majesty, by
| ̂ | ■ t' and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: — |
| Short title | 1 . | (1) This Act may be cited as the “Optometrists and |
mencement. Optical Dispensers (Amendment) Act, 1969”.
| (2) | This Act shall commence upon a day to be |
appointed by the Governor and notified by proclamation
published in the Gazette.
| Amendment | 2. The Optometrists Act, 1930, is amended— |
| of Act No. 20, 1930. |
| Sec. 4. | (a) (i) by omitting the definition of “Optical dis |
| (Defini | pensing” in section four and by inserting in “Optical dispensing” has the meaning ascribed thereto in section two of the Optical Dispensers Act, 1963. |
| tions.) | lieu thereof the following definition :— |
(ii) by omitting the definition of “Recognised certificate” in the same section and by insert ing in lieu thereof the following definition :—
“Recognised certificate” means a certificate, diploma, membership, degree, letters, testimonial or other title, status or document granted by a university,
| college, | association, | department, |
board or other institution in any place outside New South Wales, recognised by the board as furnishing sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of optometry in New South Wales.
(iu)
Optometrists and Optical Dispensers {Amendment).
| (iii) |
by omitting the definition of “Registered No. 57, 969 ing in lieu thereof the following definition :■—
“Registered optometrist” means a person
registered under this Act.
| (b) | by omitting from subsection one of section thirteen Sec. 13. | |
| ||
| (c) | by omitting paragraphs (c) and (d) of subsection Sec. 15. two of section fifteen and by inserting in lieu (Removal |
thereof the following paragraph :— on account
| ( c ) | advertises, | or | otherwise | solicits | for conduct.) |
optometrical business, in contravention of
the regulations;
(d) (i) by omitting from paragraph (b) of section Sec. 19.
| nineteen the word “or” ; | (Qualifica tions for |
(ii) by inserting in paragraph (c) of the same section after the word “certificate” the follow ing word and new paragraph ; —
| (d) | is the holder of a certificate under sub section two of this section declaring him to be an approved person for the purposes of this paragraph; |
(iii) by inserting at the end of the same section the following new subsections :—
(2) Where—
| (a) | a person possesses qualifications with respect to optometry but would not be entitled to be registered under this Act by virtue of those qualifications alone; |
(b) he obtains further qualifications by—
(i) undertaking, in a manner satis factory to the board, such courses of training with respect to optometry; and
( i i)
Optometrists and Optical Dispensers {Amendment).
| No. 57, 1969 | (ii) passing such examinations with |
respect to optometry,
as the board may prescribe in respect
of him ; and
| (c) | the board is satisfied that, by virtue of the qualifications referred to in para graph (a) of this subsection, together with the further qualifications referred to in paragraph (b) of this subsection (other than subparagraph (i) or (ii), as the case may be, of that paragraph if he has been exempted therefrom under subsection three of this section), he possesses the requisite knowledge and skill for the efficient practice of optometry in New South Wales, |
the board may issue to him a certificate declar ing him to be an approved person for the purposes of paragraph (d) of subsection one of this section.
(3) The board may, if in the special circumstances of the case it thinks fit to do so, exempt a person referred to in paragrapl (a) of subsection two of this section from the
provisions of either subparagraph (i) or sub paragraph (ii) of paragraph (b) of that subsection, but not both.
(4) The board may direct the removal from the register of the name of a person registered under this Act by virtue of his being the holder of a certificate under subsection two of this section if the board is of the opinion that he was not entitled to be issued with such a certificate.
(e)
Optometrists and Optical Dispensers {Amendment).
| (e) | by inserting next after section nineteen the following No. 57,1969 | |
|
19 a . (1) Where
| (a) | a person has applied to be registered under Provisional | |
|
(b) he is entitled to be so registered; and
| (c) | his application for registration has not been dealt with by the board, |
the chairman of the board or, in his absence from the City of Sydney, any other member of the board authorised generally by the board to grant certifi cates of provisional registration, may, upon pay ment of the prescribed fee, grant to that person a certificate of provisional registration.
| (2) | Where, on an application made by any |
person for a certificate of provisional registration under this subsection, the board, the chairman of the board or, in his absence from the City of Sydney, any other member of the board authorised generally by the board to grant certificates of provisional registration is satisfied—•
(a) that that person is justly entitled—
(i) to a degree referred to in paragraph (a) of subsection one of section nineteen of this Act that is to be granted to him by the University of New South Wales; or
(ii) to a recognised certificate that is to be granted to him by a university, college, association, department, board or other institution;
| (b) | that he will in due course have that degree or recognised certificate granted to him according to the practice of the University of New South Wales or the university, |
college.
Optometrists and Optical Dispensers (Amendment).
| No. 57, 1969 | college, association, department, board or other institution referred to in paragraph (a) of this subsection, as the case may be; and |
| (c) | that he is of good character and has attained the age of twenty-one years, |
the board or if the board has not dealt with his application under this subsection the chairman of the board or other such member of the board may, upon payment of the prescribed fee, grant to that person a certificate of provisional registration.
(3) Where a person has obtained a certificate of provisional registration he shall be deemed to be a registered optometrist until—
(a) the date stated in the certificate; or
such later date as may be fixed by the board,
which date shall, in either case, be not later than
six months after the granting of the certificate.
(b)
(4) The board may, at any time before the date so stated or fixed, for such cause as to it seems proper, cancel a certificate of provisional registration without prejudice to the application of the holder of the certificate to be registered under this Act.
(5) Upon the cancellation of a certificate of provisional registration, the holder of the certifi cate shall thereupon cease to be deemed to be a registered optometrist.
(6) If a person to whom a certificate of provisional registration has been granted becomes a registered optometrist before the date stated or fixed pursuant to subsection three of this section in respect of that certificate, his registration under this Act shall, unless otherwise decided by the board, date from the granting of the certificate.
i/ptometrists and Optical Dispensers {Amendment).
| (f) | by omitting paragraph (b) of subsection three of No. 57, 1969 |
section twenty-four and by inserting in lieu thereof
|
| (b) | prevent any person from carrying out optical pracfee ̂ dispensing if he is authorised to do so under optometry.) the Optical Dispensers Act, 1963; |
| (g) | by omitting from paragraph (a) of section twenty- | Sec 28. |
| eight the words “of registration” ; | ing regis(Obtain | |
| tration by false pre tences.) |
| (h) (i) by omitting paragraph (c) of subsection one | Sec. 30. |
| of section thirty; | (Regula tions.) |
(ii) by omitting paragraph (fl) of the same sub section and by inserting in lieu thereof the following paragraph :—
(fl) regulating the manner in which a registered optometrist or a firm or company or other person not being a registered optometrist carrying on the business of the practice of optometry is authorised to advertise or otherwise solicit for optometrical business, and prohibiting any form of advertising or other soliciting for optometrical business specified in the regulations or any forms thereof other than those specified in the regulations;
(iii) by inserting at the end of the same section the following new subsection :—
| (3) | The regulations made in pursuance of |
paragraph (f l ) of subsection one of this section may regulate or prohibit the employ ment, engagement or use, by a person, firm or company to which the regulations apply, of any person, firm or company for the purpose of advertising or otherwise soliciting for optometrical business.
(i)
Optometrists and Optical Dispensers {Amendment).
| No. 57, 1969 | (i) | by inserting next after subsection (2d) of section |
| Sec. 35. | thirty-five the following new subsection :— | |
| (Firm or |
| company | (2e ) As from the commencement of the |
| or unregis | Optometrists and Optical Dispensers (Amendment) |
| tered person | |
| not to | Act, 1969, no approval of the Minister shall be |
| carry on | given under subsection one of this section. |
| business except as provided by | |
| this section.) |
| Sec. 36. | (j) (i) by omitting from paragraph (a) of section |
| (Advertis |
| ing, etc., | thirty-six the word “or” where lastly occurring; |
| by firm or |
| company or | (ii) by omitting paragraphs (b) and (c) of the |
| unregistered | same section. |
| person.) |
| Amendment | 3. The Optical Dispensers Act, 1963, is amended— |
| of Act No. 35, 1963. |
| Sec. 2. | (a) (i) by omitting the definition of “Optical dispens |
| (Defini | ing” in section two and by inserting in lieu “Optical dispensing” means the doing or performing of any act, matter or thing that is within one or more of the following classes of acts, matters or things ;— |
| tions.) | thereof the following definition ;— |
| (a) | the interpretation and dispens ing of prescriptions for optical appliances; |
| (b) | the taking of facial measure ments for optical appliances; |
| (c) | the fitting of optical appliances for the purposes of the sale thereof; and |
(d) the sale of optical appliances,
but does not include the fitting of contact lenses, nor any sale of optical
appliances
Optometrists and Optical Dispensers (Amendment).
appliances to any optical dispenser nor No. 57,1969
any sale of optical appliances preced
ing their sale to an optical dispenser,
nor the doing or performing of any
act, matter or thing deemed not to be
optical dispensing in pursuance of
subsection two of this section.
(ii) by inserting next after the definition of “Regulations” in the same section the following new definition :—
“Sale” includes—
(a) offering or exposing for sale;
| (b) | keeping or having in possession for sale ; |
(c) bartering or exchanging;
(d) agreeing to sell;
| (e) | sending, forwarding or deliver ing for sale or on sale; and |
| (f) | authorising, directing, causing, permitting or suffering any of those acts, matters or things. |
(iii) by inserting at the end of the same section the following new subsection :—
(2) The regulations may provide that the doing or performing of any act, matter or thing that—
(a) is specified in the regulations; and
| (b) | would otherwise be within one «f the classes of acts, matters or things specified in paragraphs (a), (b), (c) and (d) of the definition of “Optical dispensing” in subsection one of this section, |
shall be deemed not to be optical dispensing
for the purposes of this Act.
Optometrists and Optical Dispensers (Amendment).
| No. 57, 1969 | (b) | by inserting in paragraph (b) of subsection two of |
| Sec. 28. | section twenty-eight after the word “Act” the words | |
| (Practice | “or undergoing a course of study and training | |
| by unlicensed | referred to in paragraph (b) of subsection one of | |
| persons | ||
| prohibited.) | section twenty-two of this Act”. |
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