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This is a Bill, not an Act. For current law, see the Acts databases.
OPTOMETRISTS LEGISLATION AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Contents
Page
Part
1.1 Legislation Act 2001 8
Part 1.2 Medical
Practitioners Act 1930 9
Part 1.3 Poisons Act
1933 9
Part 1.4 Poisons and
Drugs Act 1978 14
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Health)
Optometrists
Legislation Amendment Bill 2004
A Bill for
An Act to amend the
Optometrists Act 1956,
and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Optometrists Legislation Amendment Act
2004.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
This Act amends the Optometrists Act 1956.
Note This Act also amends the following legislation (see sch
1):
• Legislation Act 2001
• Medical Practitioners Act 1930
• Poisons Act 1933
• Poisons and Drugs Act 1978.
insert
Part 4A Authorisation for possession and use
of poisons and restricted substances
45A Definitions for pt 4A
In this part:
ACT requirements—see section 45B.
optometrist drug authority means an optometrists drug
authority approved by the optometrists drug authority committee.
Note Under the Poisons and Therapeutic Goods Act 1966 (NSW),
s 17B, the optometrists drug authority committee may approve:
• different classes of optometrists drug authority
• the poisons and restricted substances covered by different classes
of optometrists drug authority
• competency standards for an optometrists drug authority
• the criteria for meeting the competency standards
• the maximum period for an optometrists drug authority
• the treatment of ocular conditions authorised by a class of
optometrists drug authority.
optometrists drug authority committee means the Optometrists
Drug Authority Committee established under the Poisons and Therapeutic Goods
Act 1966 (NSW), section 17B.
poison—see the Poisons Act 1933,
dictionary.
Note The Poisons Act 1933 defines poison as a
substance (other than a substance that is a poison under the Poisons and
Drugs Act 1978) the introduction of which into the body of a person by any
route involves the risk of death to the person, and includes a substance
declared to be a poison under that Act, s 10.
restricted substance—see the Poisons Act 1933,
dictionary.
Note The Poisons Act 1933 defines restricted
substance as a substance declared to be a restricted substance under
that Act, s 10.
45B ACT requirements for drug
authorities
(1) For this part, the ACT requirements are the NSW
requirements with the changes (if any) determined, in writing, by the
Minister.
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
(3) For subsection (1), the NSW requirements
are—
(a) the competency standards approved from time to time by the
optometrists drug authority committee; and
(b) the criteria approved from time to time by the optometrists drug
authority committee for meeting the competency standards; and
(c) the maximum periods for optometrists drug authorities set from time to
time by the optometrists drug authority committee; and
(d) the poisons or restricted substances approved from time to time for
optometrists drug authorities by the optometrists drug authority committee;
and
(e) the treatment of ocular conditions authorised from time to time for
optometrists drug authorities by the optometrists drug authority committee.
45C Optometrist drug authorities
(1) The board may issue an optometrist drug authority to a registered
optometrist if satisfied that the optometrist meets the competency standards
under the ACT requirements for the authority.
(2) In deciding whether a registered optometrist satisfies the competency
standards under the ACT requirements, the board must apply the criteria under
the ACT requirements for meeting the competency standards.
(3) The board may issue an optometrist drug authority subject to
conditions.
(4) The board may amend a condition of a registered optometrist’s
optometrist drug authority (other than a condition prescribed by
regulation).
(5) An optometrist drug authority is also subject to any condition
prescribed by regulation.
45D Term of drug authorities
(1) An optometrist drug authority is issued for the period (not longer
than the maximum period allowed under the ACT requirements) stated in the
authority.
(2) The board may withdraw a registered optometrist’s optometrist
drug authority.
45E Possession, use, supply and prescription of
certain substances
(1) An optometrist is authorised to possess and use, in the practice of
optometry—
(a) for paralysing the accommodation of the eye—a cycloplegic
substance; or
(b) for tonometry or for fitting contact lenses—a local anaesthetic;
or
(c) for enlarging the pupil of the eye—a mydriatic substance;
or
(d) for instilling into the eye after a mydriatic substance has been
used—a miotic substance; or
(e) a substance prescribed by regulation.
(2) An optometrist who holds an optometrist drug authority is also
authorised to possess, use, supply and prescribe, in the practice of optometry
to treat an eye condition for which the optometrist holds an optometrist drug
authority, a poison or restricted substance approved for the optometrist drug
authority under the ACT requirements.
5 Review
of decisionsNew section 46 (ra) to
(re)
insert
(ra) under section 45C (1) to refuse to issue an optometrist drug
authority; or
(rb) under section 45C (3) to issue an optometrist drug authority
subject to conditions; or
(rc) under section 45C (4) to amend a condition of a registered
optometrist’s optometrist drug authority; or
(rd) under section 45D (1) to issue an optometrist drug authority for a
period less than the maximum period allowed under the ACT requirements;
or
(re) under section 45D (2) to withdraw a registered
optometrist’s optometrist drug authority; or
renumber paragraphs when Act next republished under Legislation
Act
7 Notification
of decisionsNew section 47 (1) (ja) to
(jc)
insert
(ja) for a decision mentioned in section 46 (ra), (rb) or
(rd)—to the person who applied for the optometrist drug authority; or
(jb) for a decision mentioned in section 46 (rc)—to the person
whose optometrist drug authority’s condition has been amended;
or
(jc) for a decision mentioned in section 46 (re)—to the person
whose optometrist drug authority has been withdrawn; or
renumber paragraphs when Act next republished under Legislation
Act
Schedule
1 Consequential
amendments
(see s 3)
Part
1.1 Legislation Act
2001
insert
303 Transitional—meaning of
optometrist
(1) In this Act:
optometrist—
(a) means a person registered as an optometrist under the Health
Professionals Act 2004; and
(b) includes a person registered under the Optometrists Act 1956
(unless repealed).
(2) The following provisions expire on the day the Health Professionals
Act 2004, section 136 (h) commences:
• this section;
• dictionary, part 1, definition of optometrist,
note.
[1.2] Dictionary,
part 1, definition of optometrist
insert
optometrist means a person registered as an optometrist under
the Health Professionals Act 2004.
Note See also s 303.
Part
1.2 Medical Practitioners Act
1930
substitute
(b) the lawful business or occupation of a dentist, nurse, optometrist or
pharmacist.
Part
1.3 Poisons Act
1933
substitute
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 11 (Sale of poisons and poisonous substances)
• s 16 (Sale or supply of biological preparations or restricted
substances by ineligible people)
• s 16AA (Sale or supply of biological preparations or
restricted substances to ineligible people).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
substitute
11 Sale of poisons and poisonous
substances
(1) A person commits an offence if—
(a) the person sells a poison or poisonous substance; and
(b) the person is not—
(i) a doctor; or
(ii) an authorised optometrist; or
(iii) a pharmacist; or
(iv) a veterinary surgeon; or
(v) a person who holds a licence authorising the person to sell the poison
or poisonous substance.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Absolute liability applies to subsection (1) (b) (i) to
(iv).
(3) Strict liability applies to subsection (1) (b) (v).
substitute
(c) supply a poison or poisonous substance to—
(i) a doctor; or
(ii) a dentist; or
(iii) a veterinary surgeon; or
(iv) an authorised optometrist.
substitute
16 Sale or supply of biological preparations or
restricted substances by ineligible people
(1) A person commits an offence if—
(a) the person sells or supplies a biological preparation or restricted
substance; and
(b) the person is not—
(i) a pharmacist; or
(ii) a doctor; or
(iii) a dentist; or
(iv) a veterinary surgeon; or
(v) an authorised nurse practitioner; or
(vi) an authorised optometrist; or
(vii) the holder of a licence to sell or supply the preparation or
substance; or
(viii) a public employee authorised in writing by the Minister for this
section.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Absolute liability applies to subsection (1) (b) (i) to
(vi).
(3) Strict liability applies to subsection (1) (b) (vii) and
(viii).
16AA Sale or supply of biological preparations or
restricted substances to ineligible people
(1) A person commits an offence if—
(a) the person sells or supplies to, or dispenses for, someone else (the
receiver) a biological preparation or restricted substance;
and
(b) the receiver is not an eligible receiver; and
(c) the person is reckless about whether the receiver is an eligible
receiver.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) Subsection (1) does not apply if the sale, supply or dispensing is in
accordance with section 16A (Supply of certain restricted substances by
pharmacists in emergencies).
(3) In this section:
eligible receiver, for a biological preparation or restricted
substance, means—
(a) a pharmacist; or
(b) a doctor; or
(c) a dentist; or
(d) a veterinary surgeon; or
(e) an authorised nurse practitioner; or
(f) an authorised optometrist; or
(g) the holder of a licence to sell the preparation or substance;
or
(h) a public employee authorised in writing by the Minister for this
section; or
(i) a person who presents a prescription authorising the supply of the
preparation or substance to the person, or someone else for whom the person is
acting.
prescription means a prescription that complies with the
regulations and is given by—
(a) a doctor; or
(b) a dentist; or
(c) a veterinary surgeon; or
(d) an authorised nurse practitioner; or
(e) an authorised optometrist.
omit
section 16
substitute
section 16 (1) (b) (viii) or section 16AA (3) (h)
[1.9] Dictionary,
new definitions
insert
authorised nurse practitioner, for a substance that is a
poison, poisonous substance, biological preparation or restricted substance,
means a nurse practitioner who is the occupant of a nurse practitioner position
acting within the scope of practice for the position, if the scope of practice
for the position includes prescribing the substance.
authorised optometrist, for a substance that is a poison,
poisonous substance, biological preparation or restricted substance, means an
optometrist who holds an optometrist drug authority authorising the optometrist
to possess, use, supply or prescribe the substance and who acts under the
authority.
nurse practitioner position—see the Health Act
1993, section 37B (2).
optometrist drug authority—see the Optometrists Act
1956, section 45A.
scope of practice—see the Health Act 1993,
section 37B (2).
Part
1.4 Poisons and Drugs Act
1978
insert
2AB Offences against Act—application of
Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offence against this Act
(see Code, pt 2.1):
• s 40 (Advertising scheduled substances).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
substitute
40 Advertising scheduled
substances
(1) A person commits an offence if—
(a) the person publishes or displays an advertisement; and
(b) the advertisement promotes or encourages the use of a substance;
and
(c) the substance is mentioned in the drugs and poisons standard, schedule
1, schedule 3 or schedule 4.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if—
(a) the person publishes or displays an advertisement; and
(b) the advertisement indicates that someone is willing or authorised to
supply a substance; and
(c) the substance is mentioned in the drugs and poisons standard, schedule
1, schedule 3 or schedule 4.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(3) In this section:
advertisement—
(a) includes an advertisement—
(i) in a newspaper or other publication; and
(ii) on television or radio; and
(iii) displayed on a notice, sign, label, showcard or good; and
(iv) distributed as a sample, circular, catalogue, price list or other
material; and
(v) by exhibition of a picture, model or film; and
(vi) in any other way; but
(b) does not include an advertisement in a publication circulating mainly
to dentists, doctors, optometrists, pharmacists or veterinary
surgeons.
(4) This section does not apply to an advertisement in a publication
declared by the Minister, in writing, to be an exempt publication.
(5) In subsections (1) and (2), a reference to a substance mentioned in
the drugs and poisons standard, schedule 3 does not include a
reference to such a substance that is listed
in the drugs and poisons standard, appendix H.
(6) A declaration under subsection (4) is a notifiable
instrument.
Note A notifiable instrument must be notified under the Legislation
Act.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2004
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