Western Australian Repealed Acts

This legislation has been repealed.

MEDICAL ACT 1894 - SECT 16A

16A .         Annual practice fees

        (1)             (a)         Subject to this section, every person registered under this Act shall pay a prescribed fee to the Board on or before 1 October in each year.

            (aaa)         The practice fee payable by a medical practitioner who was practising in the State before the commencement of section 11 of the Medical Amendment Act 1994 in relation to the period commencing 1 January 1995 and ending on 30 September 1995 is three-quarters of the fee prescribed under paragraph (a).

            (aa)         Where a person commences practice as a medical practitioner or specialist, after 31 March in any year, the fee payable under paragraph (a) shall be only one-half the fee prescribed for the purposes of that provision.

            (b)         A person whose name appears in the Register but who has not been practising in the State under the authority of this Act during a period of at least 2 years and who for that reason has not paid a fee prescribed for the purposes of paragraph (a) shall not so practise unless he first obtains authorisation to do so granted by the Board under subsection (4).

                Penalty: For a first offence, $500.

        For a subsequent offence, $1 000.

        (1a)         The Board may require a medical practitioner, when remitting to the Board a fee payable under subsection (1), to furnish the following particulars to the Board in writing —

            (a)         the nature of his or her practice;

            (b)         the place or places at which the medical practitioner conducts his or her practice;

            (c)         any additional qualifications which he or she has gained —

                  (i)         since he or she was registered under this Act; or

                  (ii)         since he or she last furnished particulars pursuant to this subsection,

                whichever is the later; and

            (d)         any other particulars which the Board may require.

        (2)         If any person liable under subsection (1) to pay a fee prescribed for the purposes of that subsection fails in any year to pay such fee within 3 months after the commencement of that year or within such further time as the Board shall appoint the Board shall direct the Registrar to erase the name, and the Registrar shall thereupon erase the name of such person from every register kept under this Act in which such person is registered, but the Registrar by authorisation granted under subsection (4) by the Board may at any time restore to the said register or registers the name of such person upon payment by him to the Board of the prescribed fee, all fees in arrear and of any fine imposed by the Board for such default under the authority of the rules of the Board.

        (3)         Notwithstanding anything to the contrary contained in this section, this section shall not apply —

            (a)         to a person, who but for this section would be subject to the provisions of this section, while during a time of any war in which the Crown is engaged he is a member of any of the Crown’s naval, military or air Forces and is employed full-time on active service with such Forces in connection with such war; or

            (b)         to a medical practitioner or person holding a current certificate of regional registration under this Act who is absent from this State for a period of not less than one year, while he is so absent if the Board exempts such medical practitioner or person aforesaid from the operation of this section.

        (4)         Where a person who desires the Board to grant an authorisation mentioned in subsection (1)(b) or mentioned in subsection (2) —

            (a)         makes application in the manner prescribed by the rules;

            (b)         pays at the time prescribed by the rules any fee prescribed for the purposes of subsection (1); and

            (c)         satisfies the Board in manner prescribed by the rules that he is not and has not been the subject of an order under section 13(3), (3a), (3b), or (9b),

                the Board shall grant the authorisation.

        (5)         Section 45(1) and (2) of the Interpretation Act 1984 applies to rules made by the Board for the purposes of this section.

        [Section 16A inserted by No. 22 of 1945 s. 13; amended by No. 10 of 1955 s. 4; No. 113 of 1965 s. 8; No. 70 of 1976 s. 7; No. 70 of 1985 s. 16; No. 67 of 1994 s. 11; No. 38 of 1996 s. 3; No. 10 of 1998 s. 47(2); No. 50 of 2003 s. 79(2); No. 55 of 2004 s. 730.]