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CLAUSE NOTES
Optometry Offences Bill 2010
Clause 1 Short Title
Clause 2 The Act will commence on the day that section 23 of the Health Practitioner
Regulation National Law (Tasmania) Act 2010 commences: that is, on the day
that the Optometrists Registration Act 1994 is repealed.
Clause 3 Interpretation provisions
A number of words and terms are defined, including "optical appliance",
"contact lens" and "prescription".
Clause 4 Investigations
This clause provides that the Secretary may, in writing, authorise a person
to act as an inspector if the Secretary reasonably suspects that section 5, 6
or 8 are being contravened.
Subclause (2) sets out the powers of the inspector.
Subclause (3) provides that an inspector may be assisted by a police officer
or other persons when conducting an investigation and those persons have
the same powers as an inspector.
Subclause (5) provides that it is an offence for a person to give or offer an
inspector a gift, reward or other inducement to do or abstain from doing
anything in relation to an investigation.
Clause 5 Unauthorised dispensing
Clause 5 makes it an offence to dispense an optical appliance except by
prescription. The definition of "prescription" in clause 3 sets out who may
issue a prescription, i.e. an optometrist, a medical practitioner, an
orthoptist (in the case of spectacles) or a prescribed person.
Clause 6 Dispensing expired prescription
Clause 6 makes it an offence to dispense an optical appliance using an
expired prescription. A prescription for a contact lens expires after
18 months and a prescription for another optical appliance expires after
3 years.
Clause 7 Failure to give free prescription on request
A person is entitled to request and receive a copy of their optical appliance
prescription from both the prescribing person, and the dispenser.
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Clause 8 Unauthorised practices in respect of contact lenses
The effect of this clause is that only an optometrist, a medical practitioner
or a prescribed person can assess a person's suitability to wear a contact
lens.
Similarly those persons, or a person acting under their direction, are the
only persons who may instruct a person on how to place a contact lens on
the eye, remove a contact lens from the eye or care for a contact lens.
In this clause "prescribed person" is limited to a person prescribed in the
regulations as being authorised to issue a prescription for a contact lens.
Clause 9 Offences of dishonesty
This clause makes an offence for a person to give false or misleading
statements, whether oral or written, in connection with an investigation by
an inspector under section 4.
Clause 10 Obstruction
It is an offence to obstruct, hinder, threaten or intimidate another person
in the exercise by that person of powers conferred by this Act or in the
performance by that person of duties imposed under the Act.
Clause 11 No right of recovery
If an optometrist or optical dispenser is convicted of an offence under
sections 5 or 6 (unauthorised dispensing or dispensing on an expired
prescription) in respect of an optical appliance, then they are not entitled
to any fee or payment for the optical appliance.
Clause 12 Transitional provision
This clause provides that any proceedings for offences committed under
sections 62, 63, 64 or 65 of the repealed Optometrists Registration Act 1994
that have been instituted by the Optometrists Registration Board but have
not been finalised when this Act commences, may be continued by the
Secretary.
Similarly, any proceedings for an offence committed under sections 62, 63,
64 or 65 of the repealed Optometrists Registration Act 1994 that could have
been instituted by the Optometrists Registration Board before this Act
commences, may be commenced by the Secretary.
Clause 13 Regulations
Clause 14 Administration of Act
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