Australian Capital Territory Repealed Acts

This legislation has been repealed.

OPTOMETRISTS ACT 1956 (REPEALED) - SECT 34

    (1)     The board may—

        (a)     cancel the registration of a person; or

        (b)     by order served on the person, suspend the registration of the person for the period that the board considers appropriate;

if it is satisfied that—

        (c)     the registration of the person was obtained by fraud or misrepresentation; or

        (d)     the optometrical qualification of the person has been withdrawn or cancelled by the body that granted it; or

        (e)     the person has contravened this Act; or

        (f)     the person has contravened a condition to which his or her registration under this Act is subject; or

        (g)     the person has been convicted in the ACT or elsewhere of an offence punishable by imprisonment for more than 1 year or any offence that, in the opinion of the board, renders him or her unfit to practise as an optometrist; or

        (h)     the person has failed to exercise adequate judgment or care in practising optometry; or

              (i)     the person has engaged in conduct, whether in practising optometry or not, that adversely affects practising optometry by the person; or

        (j)     the person has permitted an assistant who is employed by the person in connection with his or her optometrical practice, but who is not a registered optometrist, to attend or treat patients in relation to matters requiring professional discretion or skill; or

        (k)     the person has advertised, otherwise than as permitted by subsection (3), for the purpose of procuring patients or practice, or has sanctioned, or has been associated with or employed by a person who has sanctioned, such an advertisement; or

        (l)     the person has canvassed, or employed an agent or canvasser, for the purpose of procuring patients or practice, or has sanctioned, or been associated with or employed by a person who has sanctioned, the employment of an agent or canvasser for that purpose; or

        (m)     the person is guilty of habitual drunkenness, or addiction to a deleterious drug, that renders him or her unfit to practise as an optometrist; or

        (n)     the person has engaged in any other improper or unethical conduct relating to practising optometry; or

        (o)     the person is not competent to practise optometry.

Note      A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act 2001 , s 104).

    (2)     Subsection (1) does not apply to conduct of the kind referred to in subsection (1) (j) if that conduct takes place in connection with—

        (a)     the proper training and instruction of optometry students or other students; or

        (b)     collaborating in experimental or research work in optometry with a person who is the holder of a university degree in science or another degree recognised by the board generally or in a particular case for this paragraph.

    (3)     A registered optometrist may, in a way approved by the board—

        (a)     publish, from time to time, a notice of the fact that he or she practises as an optometrist and of the place or places where he or she practises; or

        (b)     publish a notice or notices of the fact that he or she has begun or resumed practice as an optometrist or a notice or notices of a change of the address where he or she practises as an optometrist; or

        (c)     exhibit at the place or places where he or she practises as an optometrist a notice or notices containing his or her name and qualifications.

    (4)     In approving a way of giving notice for subsection (3), the board shall have regard to the accepted customs and usages of the optometry profession.