South Australian Numbered Acts

OPTOMETRY PRACTICE ACT 2007 (NO 11 OF 2007) - SECT 79

79—Regulations

        (1)         The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

        (2)         Without limiting the generality of subsection (1), the regulations may—

            (a)         prescribe, or empower the Board to fix—

                  (i)         fees or charges for the purposes of this Act;

                  (ii)         fees or charges for services provided by the Board in the exercise of its functions under this Act,

and may provide for the recovery of a fee or charge so prescribed;

            (b)         exempt any person or class of persons from the obligation to pay a fee or charge so prescribed;

            (c)         regulate, or otherwise make provision with respect to, the education of optometrists for the purposes of this Act, including by making provision with respect to the approval of courses that may lead to registration;

            (d)         make any provision with respect to the keeping of a register;

            (e)         prescribe penalties, not exceeding $5 000, for breach of, or non-compliance, with a regulation.

        (3)         The regulations may—

            (a)         refer to or incorporate, wholly or partially and with or without modification, a code, standard or other document prepared or published by a prescribed body, either as in force at the time the regulations are made or as in force from time to time; and

            (b)         be of general or limited application; and

            (c)         make different provision according to the persons, things or circumstances to which they are expressed to apply; and

            (d)         provide that a specified provision of this Act does not apply, or applies with prescribed variations, to any person, circumstance or situation (or person, circumstance or situation of a prescribed class) specified by the regulations, subject to any condition to which the regulations are expressed to be subject; and

            (e)         provide that any matter or thing is to be determined, dispensed with, regulated or prohibited according to the discretion of the Minister, the Board or another prescribed authority.

        (4)         If a code, standard or other document is referred to or incorporated in the regulations—

            (a)         a copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and

            (b)         evidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.