Dental Act 1971

Queensland DENTAL ACT 1971 Reprinted as in force on 1 January 2002 (includes amendments up to Act No. 45 of 2001) Warning—see last endnote for uncommenced amendments This is the reprint current on the repeal date Reprint No. 2F This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy

Information about this reprint This Act is reprinted as at 1 January 2002. The reprint— • shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)) • incorporates all necessary consequential amendments, whether of punctuation, numbering or another kind (Reprints Act 1992 s 5(d)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— • when provisions commenced • provisions that have not commenced and are not incorporated in the reprint • editorial changes made in earlier reprints.

Queensland DENTAL ACT 1971 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Administration of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—THE BOARD AND THE STANDING COMMITTEE Division 1—The board 6 Constitution of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Members of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 President and deputy president of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Tenure of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 11 Meetings of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 12 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Entitlements of members of board or committees . . . . . . . . . . . . . . . . . . . . . 9 14 Holders of office not affected by restrictive employment provisions . . . . . 9 15 Registrar and other officers employed under Public Service Act . . . . . . . . 10 16 Funds of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16A Board is statutory body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 PART 3—REGISTRATION Division 1—Registration of dentists 17 Registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Qualification for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Attendance of persons before board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Limited registration as a dentist or dental specialist . . . . . . . . . . . . . . . . . . 14 20A Registration for the purpose of postgraduate study in Queensland . . . . . . . 15

2 Dental Act 1971 22 Registration of additional qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 24 Annual licence fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 25 Production of documents etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 3—General 26H Provisional registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 26I Certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 26J Removal of name from a register by request . . . . . . . . . . . . . . . . . . . . . . . . . 20 26L Restoration of name to register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 27 Correction of registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 28 Notice of board’s refusal of application for registration . . . . . . . . . . . . . . . . 21 29 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 4—MISCELLANEOUS 31 Penalty for fraudulent practices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 32 General penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 33 Proceedings generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 34 Evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 35 By-laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 36 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 37A Power of board to make by-laws about fees . . . . . . . . . . . . . . . . . . . . . . . . . 25 PART 5—DENTAL COMPANIES 38 Formation of dental companies etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 39 Dental company may recover dental fees . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 40 Power to regulate advertising etc. by dental companies . . . . . . . . . . . . . . . 26 41 Regulation of company names . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 42 Presumed contracts with dentists and dental specialists acting for dental companies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 43 References to repealed Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . 28 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

3 Dental Act 1971 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 9 Provisions that have not commenced and are not incorporated into reprint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

s1 5 s6 Dental Act 1971 DENTAL ACT 1971 [as amended by all amendments that commenced on or before 1 January 2002] An Act to consolidate and amend the law relating to dentists and control the practice of dentistry in certain particulars † PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Dental Act 1971 . ˙ Administration of Act 5. This Act shall be administered by the Minister and subject to the Minister by the board. † PART 2—THE BOARD AND THE STANDING COMMITTEE † Division 1—The board ˙ Constitution of board 6.(1) The Dental Board constituted under the Dental Act 1902 and continued as a body corporate under the Medical Act and Other Acts (Administration) Act 1966 is preserved, continued in existence and constituted under this Act under the name ‘Dental Board of Queensland’.

s7 6 s8 Dental Act 1971 (1A) The board shall have and may exercise and discharge the powers, authorities, duties and functions conferred and imposed upon it by or under this Act. (2) The board shall continue to be a body corporate with perpetual succession and a common seal and, subject to this Act, shall be capable in law of suing and being sued, of compounding or proving in any court of competent jurisdiction all debts or sums of money due to it, and of acquiring, holding, alienating and otherwise dealing with property and of doing and suffering all such acts and things as bodies corporate may in law do and suffer. (3) All courts and persons acting judicially shall take judicial notice of the common seal of the board and, until the contrary is proved, shall presume that it was duly affixed to any document on which it appears. ˙ Members of board 7.(1) The board shall consist of 9 members appointed by the Governor in Council. (2) The persons eligible for appointment shall be— (a) 4 dentists nominated by the Minister; and (b) 3 dentists nominated by 1 or more associations accepted by the Minister as representative of dentists; and (c) 1 person representing users of the services of dentists; and (d) a Queensland lawyer. (3) A nomination under this section of a person for appointment as a member of the board shall be made within the time and in the manner determined by the Minister, and in default of nomination of any 1 or more required by this section within that time and in that manner, the Governor in Council may appoint as a member any person who is qualified as prescribed to be nominated. ˙ President and deputy president of board 8.(1) In every appointment of the whole number of members of the board the Governor in Council shall appoint members to be respectively the

s9 7 s9 Dental Act 1971 president and deputy president of the board. (2) When a vacancy occurs in the office of president or deputy president of the board the Governor in Council may appoint another member of the board to the vacant office. (3) The president shall preside at every meeting of the board at which the president attends and in the president’s absence the deputy president shall so preside. (3A) If both the president and deputy president are absent from a meeting another member of the board chosen for the purpose by the majority of the members present and voting, shall preside. (4) Save where the by-laws under this Act disentitle the member to vote on the matter in issue, the member presiding at a meeting of the board shall be entitled to a deliberative vote on any matter before the meeting and, in the event of an equal division of votes thereon, shall be entitled to a second or casting vote. ˙ Tenure of office 9.(1) The appointment of a member of the board shall commence on the date specified therefor in the notification of appointment published in the gazette and, save in the case of an appointment made to fill a casual vacancy, shall be for a term of 3 years. (2) A member of the board shall be eligible for reappointment if the member is qualified as prescribed to be nominated therefor. (3) The office of a member of the board shall become vacant if the member— (a) dies or becomes a patient within the meaning of the Mental Health Act 1974 ; or (b) becomes bankrupt or otherwise takes advantage of the laws in force for the time being relating to bankruptcy; or (c) is absent without prior leave granted by the board from 3 consecutive ordinary meetings of the board of which due notice has been given to the member; or (d) resigns office by writing under the member’s hand delivered to

s 10 8 s 11 Dental Act 1971 the Minister; or (e) is convicted of an indictable offence; or (f) is removed from office by the Governor in Council by notification published in the gazette on the grounds of incapacity to perform the member’s duties as a member or of conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the board. (4) Attendance of a member of the board at the time and place appointed for an ordinary meeting of the board shall be deemed to constitute presence at a meeting notwithstanding that by reason that a quorum is not present no meeting is then and there actually held, and the registrar shall enter in the minute book the names of all members who so attend. (5) A resignation as member of the board shall be of no effect until notice in writing thereof is received by the Minister or until the operative date specified in the notice, whichever is the later. ˙ Casual vacancies 10. When a vacancy occurs in the office of a member of the board during the term of office of the members then constituting the board, the Governor in Council may in accordance with section 7 appoint another person as a member to hold office for the balance of his or her predecessor’s term of office as a member. ˙ Meetings of board 11.(1) The board shall meet as often as is necessary for the due administration of this Act, at such times and places as it thinks fit, and shall conduct its business in the manner prescribed or, in so far as not prescribed, as it determines from time to time. (2) A quorum at any meeting of the board shall be 5 members entitled to vote on the business before the meeting who, at a duly convened meeting, shall be competent to transact any business of the board and may exercise and perform all the powers, authorities, duties and functions of the board. (3) The decision of a majority of the members at a meeting of the board at which a quorum is present shall be the decision of the board.

s 12 9 s 14 Dental Act 1971 (4) If a member present at a meeting and entitled to vote abstains from voting the member shall be taken to have cast the member’s vote for the negative. (5) A proceeding or decision of the board shall not be invalidated or made ineffectual by reason only that— (a) the whole number of members had not been appointed at the time; or (b) any member was not entitled to take part in the proceeding or decision; or (c) there is a defect in the appointment of any member. ˙ Committees 12.(1) The board may select persons to form an advisory committee to advise the board on any matter within the scope of the board’s functions referred to the committee by the board. (2) A person may be a member of such a committee whether or not the person is a member of the board. ˙ Entitlements of members of board or committees 13.(1) Members of the board and members of a committee formed pursuant to section 12 shall be entitled to such fees and allowances as are approved by the Governor in Council. (2) Members of the board and members of a committee shall be entitled to be reimbursed such out of pocket expenses necessarily incurred by them in the performance of their duties as such members as are approved by the board. ˙ Holders of office not affected by restrictive employment provisions 14. A provision of any enactment requiring the holder of an office to devote the whole of the holder’s time to the duties of the holder’s office or prohibiting the holder from engaging in employment outside the duties of the holder’s office shall not operate to hinder the holder’s holding that office and also an appointment as member, president or deputy president of the

s 15 10 s 16A Dental Act 1971 board or of any advisory committee selected by the board, or the holder’s acceptance and retention of remuneration payable under this Act. ˙ Registrar and other officers employed under Public Service Act 15. The registrar and other officers of the board are to be employed under the Public Service Act 1996 . ˙ Funds of board 16.(1) All moneys received by or on behalf of the board shall be paid into and form part of the funds of the board. (2) The board shall enter or cause to be entered in books to be kept for the purpose a true account of all sums of money received and paid under this Act. (4) Expenses of and incidental to the administration of this Act shall be paid by the board from its funds. (5) The board may at any time and from time to time appropriate any portion of its funds, not required by the board for any of the purposes mentioned in subsection (4) or for the purposes of the Medical Act and Other Acts (Administration) Act 1966 , for dental education and research or any public purpose connected with the profession of dentistry within the State. (6) Subsection (5) does not affect the liability, prescribed by any other Act, of the board to pay from its funds the salaries of the registrar and the officers appointed for the effectual administration of this Act. ˙ Board is statutory body 16A.(1) Under the Statutory Bodies Financial Arrangements Act 1982 , the board is a statutory body. (2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982 .

s 17 11 s 18 Dental Act 1971 † PART 3—REGISTRATION † Division 1—Registration of dentists ˙ Registers 17.(1) The board shall cause to be kept by the registrar in such form as it thinks fit the following registers— (a) a register (the “register of dentists” ) of the names and other prescribed particulars of persons who are entitled to be and who remain registered under this Act as dentists; (b) a register (the “register of dental specialists” ) of the names and other prescribed particulars of persons who are entitled to be and who remain registered under this Act as dental specialists. (2) The registers shall at all reasonable times be open to inspection at the office of the registrar by any person on payment of the prescribed fee. (3) The board shall cause to be published in the gazette— (a) a copy of each register as at 1 May in every year certified by the registrar; and (b) a supplementary list once in each month of every year indicating all alterations, additions, revisions and removals made in and from each register during the preceding month, certified by the registrar. ˙ Qualification for registration 18.(1) A person shall be registered as a dentist if the person applies to the board in the approved form, pays the prescribed fee for registration and satisfies the board that the person is of good fame and character and that— (a) the person is the holder of a degree of Bachelor of Dental Science of the University of Queensland or an equivalent degree of any other university in Queensland; or (b) the person is the holder of 1 of the prescribed qualifications; or (c) the person—

s 18 12 s 18 Dental Act 1971 (i) has passed through a regular course of study in dentistry in a school or other teaching institution in any country and has, after due examination from a university, college or other body in that country, received a degree, diploma or certificate in dentistry that is recognised in the country in which it was obtained and is acceptable to the board; and (ii) is the holder of a certificate from the Committee on Overseas Professional Qualifications of the Commonwealth or any other body recognised by the board as carrying out the functions of that committee certifying that the person has successfully completed all stages of the examination set by that committee or other recognised body. (2) A person whose application depends on the person being the holder of 1 of the prescribed qualifications referred to in subsection (1)(b) obtained in a country other than Australia or of the qualifications referred to in subsection (1)(c) shall, subject to this Act, in the first instance be entitled to be granted overseas conditional registration as a dentist for a period of 1 year only and that overseas conditional registration may not be renewed. (3) Subject to this Act, a person who has been granted overseas conditional registration as a dentist pursuant to subsection (2) shall be deemed to be registered under this Act as a dentist and this Act shall apply to that person during the period of that overseas conditional registration. (4) However, the board may, before the expiry of the period of that overseas conditional registration cancel that registration and such person shall thereupon cease to be deemed to be registered as a dentist under this Act. (5) If a person who, pursuant to subsection (2), has been granted overseas conditional registration satisfies the board, prior to the expiry of the period of that overseas conditional registration, that the person is practising dentistry in Queensland, the board may confirm the registration of that person as a dentist under this Act whereupon the person’s registration shall, unless the board decides otherwise, date from the granting of the overseas conditional registration to that person in the first instance. (6) Subject to section 20(3), a dentist is entitled to be registered as a dental specialist if, being a registered dentist in Queensland, the dentist applies to the board in the approved form, pays the prescribed fee for

s 18 13 s 18 Dental Act 1971 registration and satisfies the board that— (a) in relation to a dental specialty in respect of which a degree, diploma or certificate is granted or recognised—the dentist is the holder of a prescribed qualification that relates to that specialty to which the dentist’s application relates which qualification— (i) accords with the special condition or conditions set out opposite to the qualification in the by-laws made for the purposes of paragraph (a); and (ii) has been obtained after due examination following— (A) full-time training in the specialty to which the qualification relates for a period of not less than 2 academic years; or (B) part-time training in that specialty that is considered by the board to be equivalent to 2 academic years full-time training; (b) he or she has gained special skill in a particular dental specialty, by experience satisfactory to the board in that specialty, for a period of not less than 2 years after the granting of the prescribed qualification referred to in paragraph (a). (7) Subject to section 20(3), a dentist is also entitled to be registered as a dental specialist if the dentist— (a) applies to the board in the approved form; and (b) pays the prescribed fee; and (c) satisfies the board that the dentist has qualifications, experience and standing in the dental specialty to which the application relates at least equal to— (i) a 2 year full-time course work Masters degree in the specialty; and (ii) 2 additional years experience in the specialty. (8) A by-law may prescribe the branches of dentistry which shall be or be deemed to be dental specialties in respect of which a dentist may be registered as a dental specialist.

s 19 14 s 20 Dental Act 1971 ˙ Attendance of persons before board 19.(1) The board may require the attendance before it of any person who applies for registration as a dentist or a dental specialist and may request the attendance before it of any other person. (2) The board may examine any person who attends before it upon oath which may be administered by the president. ˙ Limited registration as a dentist or dental specialist 20.(1) The board may grant limited registration as a dentist to a person who— (a) applies to the board in the approved form; and (b) pays the prescribed fee; and (c) satisfies the board that— (i) he or she is of good fame and character; and (ii) he or she is the holder of a degree, diploma or certificate in dentistry awarded by an institution recognised in the State, Territory or foreign country in which it is situated, and by the board, as authorised to grant the degree, diploma or certificate; and (d) has or intends to come to Queensland— (i) at the request of or to take up appointment at the University of Queensland in the department of dentistry, for the purpose of teaching, lecturing, giving clinical demonstrations or engaging in research work; or (ii) at the request of a State authority, or a dental association, approved by the board for the purpose of teaching, lecturing, giving clinical demonstrations or engaging in research work; or (iii) at the direction or request of the Commonwealth for the purpose of engaging in official duties related to the practice of dentistry within Queensland. (2) A grant of limited registration as a dentist must be for a period of not more than the period the person is or will be in Queensland for the purpose

s 20A 15 Dental Act 1971 s 20A mentioned in subsection (1)(d). (3) A person who— (a) is granted limited registration as a dentist; and (b) is entitled to be registered as a dental specialist; is only entitled to be granted limited registration as a dental specialist for a period of not more than the period mentioned in subsection (2). (4) When the board grants limited registration to a person it must issue a certificate of limited registration to the person. (5) A certificate of limited registration— (a) remains in force for a period, of not more than 12 months, specified in the certificate; and (b) may be renewed from time to time, on application made to the board in the approved form and on payment of the prescribed fee, for a period of not more than 12 months; and (c) is subject to such conditions as the board considers necessary to ensure that the person is not entitled to practise dentistry in Queensland other than for the purpose for which the registration was granted. (6) The person must not practise dentistry otherwise than in accordance with the conditions of registration. (7) The person must give written notice to the board immediately on his or her ceasing to practise dentistry in Queensland. (8) On receipt of a notice the board must cancel the person’s registration. (9) The board may call on the person to satisfy it that his or her name should remain on the register. (10) If the person fails to satisfy the board, it may cancel his or her registration. ˙ Registration for the purpose of postgraduate study in Queensland 20A.(1) A person who applies to the board in the approved form, pays the prescribed fee and satisfies the board that—

s 20A 16 Dental Act 1971 s 20A (a) the person is of good fame and character; and (b) the person is the holder of a degree, diploma or certificate in dentistry of an institution recognised in the country in which it is situated and by the board as authorised to grant that degree, diploma or certificate; and who has been accepted by the University of Queensland— (c) to undertake a formal postgraduate course in any branch or branches of dentistry; or (d) to conduct in Queensland postgraduate research in any branch or branches of dentistry; shall be entitled to be granted a certificate of registration subject to the condition that the holder of the certificate is restricted to practising those branches of dentistry specified in the certificate within the University of Queensland or such other institution as may be nominated by the University of Queensland and approved by the board and the holder of such a certificate shall not engage in the practice of dentistry otherwise than in accordance with that certificate. (2) The board may from time to time renew a certificate granted pursuant to subsection (1) upon application made by the holder in the approved form and payment of the prescribed fee. (3) The board may at any time cancel any certificate of registration granted pursuant to this section or any renewal of that certificate. (4) A certificate of registration granted pursuant to this section or any renewal of that certificate shall, unless sooner cancelled by the board, be in force for the period specified therein. (5) The board shall not grant a certificate of registration pursuant to this section or any renewal of that certificate for a period longer than 1 year. (6) During the continuance in force of a certificate of registration granted pursuant to this section or of any renewal of that certificate the grantee named in that certificate shall be deemed to be thereby registered as a dentist so far as relates to the practice by the grantee of dentistry as part of the grantee’s postgraduate course or research in the branch or branches in respect of which the certificate was granted and this Act shall apply to and with respect to that person accordingly.

s 22 17 s 24 Dental Act 1971 (7) Except as prescribed by subsection (6) a person shall not be registered as a dentist by virtue of a certificate granted pursuant to this section or any renewal of that certificate. ˙ Registration of additional qualifications 22. A dentist or a dental specialist who applies to the board and who satisfies the board that the dentist or dental specialist is the holder of a degree, diploma or certificate recognised by the board other than the qualifications in respect of which the dentist or dental specialist is registered shall be entitled upon payment of the prescribed fee and with the approval of the board to have such degree, diploma or certificate registered in the register of dentists or in the register of dental specialists, as the case may be. ˙ Annual licence fee 24.(1) Every dentist shall pay to the board a prescribed annual licence fee, and every dentist who is a dental specialist shall in addition pay to the board such annual licence fee as is prescribed. (3) If a dentist fails to pay the prescribed annual licence fee within the prescribed period the registrar shall thereupon remove the dentist’s name from the register of dentists. (4) If a dentist who is also a dental specialist fails to pay the prescribed annual licence fee within the prescribed period the registrar shall thereupon remove the dentist’s name from the register of dental specialists. (5) If within 3 months after the removal by the registrar under this section of the name of any person from a register or registers that person pays to the board the arrears payable in respect of any prescribed licence fee and a restoration fee as prescribed, the registrar shall restore the person’s name to such register or registers. (6) If the name of any person has been removed from a register under this section the board may, upon application restore the person’s name to such register upon payment of a restoration fee as prescribed. (7) When the name of a person has been removed from both the register of dentists and the register of dental specialists under this section, the

s 25 18 s 25 Dental Act 1971 person’s name shall not be restored to the register of dental specialists until the person has had the person’s name restored to the register of dentists. ˙ Production of documents etc. 25.(1) The board may, by written notice given to a dentist or a dental specialist, direct the dentist or dental specialist to produce to it a specified document or thing, relating to the practice of dentistry by the dentist or dental specialist, within the reasonable time specified in the notice. (2) The board must not give a notice unless it suspects on reasonable grounds that the dentist or dental specialist has contravened a provision of this Act. (3) A notice must contain particulars of the grounds on which it is based. (4) A dentist or dental specialist must not, without reasonable excuse, contravene a notice. (5) A dentist or dental specialist is not required to produce a document or thing to the board if the dentist or dental specialist objects to its production on the ground that it may tend to incriminate the dentist or dental specialist. (6) When any document or thing is produced to the board under this section, the board may— (a) retain possession of the document or thing for such period as it thinks fit; and (b) inspect, make copies of, photograph, or take extracts from, the document or thing. (7) While it retains possession of a document or thing, the board must permit the person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at such place and time as the board determines. (8) The board must not disclose information or publish a record obtained by it as a result of any document or thing being produced to it under this section, unless the disclosure or publication is made— (a) with the written consent of the dentist or dental specialist in respect of whom the information or record relates; or (b) for the purposes of a legal proceeding under this Act.

s 26H 19 Dental Act 1971 s 26I † Division 3—General ˙ Provisional registration 26H.(1) When a person has applied to the board in the approved form to be registered as a dentist and has paid the prescribed fee for registration, the president of the board, or (in the absence of the president) a member of the board authorised generally in that behalf by the board, upon being satisfied that such person is entitled to be registered as a dentist may grant to the person a certificate in the approved form of provisional registration as a dentist. (2) A person who has been granted a certificate of provisional registration as a dentist shall be deemed to be registered under this Act as a dentist and this Act shall apply to and with respect to that person accordingly— (a) until the date stated in such certificate; or (b) until such later date as may be fixed by the board; which stated date or later date (if any) fixed by the board shall not in any case be later than 6 months from the granting of such certificate. (2A) However, the board may at any time before the date so stated or fixed, cancel such certificate and such person shall thereupon cease to be deemed to be registered as a dentist under this Act, and the cancellation shall, for the purposes of this Act, be deemed to be a refusal by the board of the application by that person to be registered as a dentist. (3) If a person to whom a certificate of provisional registration has been granted becomes registered as a dentist while that certificate is still in force the person’s registration shall, unless otherwise decided by the board, date from the granting of that certificate. ˙ Certificate of registration 26I.(1) Every dentist and dental specialist shall be entitled to obtain from the registrar a certificate of his or her registration in the approved form. (2) On application made to the board at any time and on payment of the prescribed fee, the board may issue to any dentist or dental specialist a duplicate or certified copy of his or her certificate of registration.

s 26J 20 Dental Act 1971 s 27 ˙ Removal of name from a register by request 26J.(1) The board may cause to be removed from a register the name of a dentist or dental specialist who applies in writing to have his or her name removed therefrom. (2) Where the name of a person who is a dental specialist has been removed from the register of dentists under this section it shall at the same time be removed from the register of dental specialists. ˙ Restoration of name to register 26L. Subject to section 24, where a person’s name is removed from a register pursuant to this Act, the name of that person shall not again be entered in the register from which it was removed unless the board otherwise directs. ˙ Correction of registers 27.(1) The registrar shall from time to time remove from the relevant register or registers the names of all dentists or dental specialists who have died and make such alterations and amendments to the registers as the board directs so that the registers shall be an accurate record of the names, business addresses and qualifications of dentists and dental specialists. (1A) For the purposes of subsection (1) the registrar-general and every district registrar under the Registration of Births, Deaths and Marriages Act 1962 on receiving notice of the death of any person known to the registrar-general or district registrar to be registered under this Act, shall forthwith inform the registrar in writing of the death. (2) Where the board is satisfied that a dentist has become a patient within the meaning of the Mental Health Act 1974 , it may remove the dentist’s name from the register of dentists, and if the dentist is registered also as a dental specialist it may at the same time remove the dentist’s name from the register of dental specialists. (4) A dentist or dental specialist must give written notice to the board of any change of name or change in the prescribed particulars entered in the appropriate register within 30 days of the change. (5) The directors of a dental company or the members of an association

s 28 21 s 29 Dental Act 1971 of persons engaged in the practice of dentistry must give written notice to the board of any change in the particulars prescribed for the purpose of this subsection within 30 days of the change. ˙ Notice of board’s refusal of application for registration 28.(1) If the board refuses an application by a person for registration as a dentist or a dental specialist, the registrar must, within 14 days of the refusal happening, give written notice of the refusal to the person. (2) The notice must state— (a) the reasons for the board’s decision to refuse the application; and (b) that the person may appeal against the decision to the District Court; and (c) how to appeal. ˙ Appeals 29.(1) A person aggrieved by a refusal by the board of the person’s application to be registered as a dentist or a dental specialist may appeal against the board’s decision to the District Court. (1A) The decision of the District Court on the appeal is final and the board must give effect to it. (2) An appeal shall be by way of re-hearing, and shall be instituted within 30 days after notification of the refusal to the person aggrieved, and no later, by filing a notice of appeal in the registry of the District Court at Brisbane and by complying with any rules of court made with respect thereto. (3) On hearing an appeal mentioned in subsection (1), the court may— (a) dismiss the appeal; or (b) order that the person applying for registration be registered. (4) Where a judge has substituted the judge’s order for that of the board the order shall be given effect as if it were the order of the board.

s 31 22 s 31 Dental Act 1971 † PART 4—MISCELLANEOUS ˙ Penalty for fraudulent practices 31.(1) A person shall not— (a) make or cause to be made any falsification in a register or in any writing relating to a register or any false statement relating to a register; or (b) utter any false, forged or counterfeit certificate or writing pertaining to the person’s qualifications to practise dentistry; or (c) procure or attempt to procure himself or herself or any other person to be registered by making or producing, or causing to be made or produced, any false or fraudulent statement, declaration or representation, either verbal or in writing; or (d) falsely personate or represent himself or herself as being the person referred to in any writing presented to the board or in any certificate granted under this Act; or (e) fraudulently or by false representation obtain any certificate of registration under this Act; or (f) forge, alter or counterfeit any certificate of registration under this Act; or (g) utter any forged or altered or counterfeit certificate of registration under this Act knowing the same to have been forged or altered or to be counterfeit; or (h) falsely advertise himself or herself or hold himself or herself out as having obtained a certificate of registration under or as being registered under this Act, or permit any such advertisement or holding out. Maximum penalty—20 penalty units or 6 months imprisonment. (2) The name of any person who procures himself or herself to be registered by any means which contravene this section shall, upon the person being convicted in respect of that contravention, be removed from the register or registers in which it appears. (3) The provisions of this section shall be in addition to and not in

s 32 23 s 34 Dental Act 1971 substitution for or in derogation of the provisions of the Criminal Code or any other Act. ˙ General penalty 32.(1) A person who contravenes or fails to comply with any provision of this Act commits an offence against this Act and, save where a specific penalty is otherwise provided, is liable to a penalty of 20 penalty units. (2) All penalties recovered in respect of offences against this Act shall be paid to the board. ˙ Proceedings generally 33.(1) An offence against this Act may be prosecuted in a summary way under the Justices Act 1886 upon the complaint to the registrar, or a person authorised by the board in that behalf. (2) A prosecution for an offence against this Act may be commenced within 1 year from the time when the matter of complaint arose or within 6 months after the matter of complaint comes to the knowledge of the complainant whichever is the period later to expire. (3) Without prejudice to any other right or remedy available to the board with respect thereto all fees payable to the board under this Act and all penalties ordered by the board to be paid to it under this Act may be recovered in a summary way under the Justices Act 1886 or as a debt due and owing to the board by action in any court of competent jurisdiction. ˙ Evidentiary provisions 34. In any proceeding for the purposes of this Act— (a) a certificate purporting to be signed by the registrar certifying the state of any part of a register at a date or during a period specified in the certificate or certifying that a person named therein was not, at a date or during a period specified therein, a dentist or a dental specialist shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate;

s 35 24 s 35 Dental Act 1971 (aa) a certificate purporting to be signed by the registrar certifying that a person has previously been convicted of an offence or offences against any provision of this Act shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained in the certificate; (b) every part of a register, and an extract of any part of a register purporting to be certified as correct by the registrar shall, upon its production, be admissible as evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (c) a statement in a complaint commencing that proceeding of the date on which the matter of complaint came to the knowledge of the complainant shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of its content; (d) proof shall not be required of the authority of any person to prosecute an offence against this Act or to take any proceeding on behalf of the board unless evidence is given to the contrary; (e) proof shall not be required of the appointment of the registrar or of any other officer appointed for the effectual administration of this Act or of the signature of the registrar. ˙ By-laws 35.(1) The board may make by-laws under this Act. (2) By-laws may be made in respect of the following matters— (a) the powers, duties and functions of the registrar and officers appointed for the effectual administration of this Act; (b) registers and the manner of their keeping; (c) the making of applications to the board, and the effect of furnishing false particulars therein; (d) the conduct of meetings of the board, the entitlement of members of the board to vote upon business before a meeting, the conduct of proceedings before the board and the affairs of the board;

s 36 25 s 37A Dental Act 1971 (e) the common seal of the board, and the attesting of documents by or on behalf of the board; (f) the manner and method in which a dentist or a dental specialist may advertise himself or herself as qualified to practise dentistry and the place where that practice takes place; (g) the additional qualifications which may be registered under this Act; (h) the purposes for which fees are payable under this Act, the amounts of fees, the persons who are liable to pay fees, when fees are payable, the waiver of fees and the recovery of unpaid amounts of fees; (ha) the allowances payable under this Act and the purposes for which they are payable; (j) the penalties to be imposed for breaches of the by-laws but so that no such penalty shall exceed 5 penalty units; (k) all matters relating to operative dental auxiliaries. (3) By-laws do not have effect until they are approved by the Governor in Council. ˙ Approval of forms 36. The board may approve forms for use under this Act. ˙ Power of board to make by-laws about fees 37A. For the removal of doubt, it is declared that the board has always had power to make by-laws in respect of the matters specified in section 35(2)(h).

s 38 26 s 41 Dental Act 1971 † PART 5—DENTAL COMPANIES ˙ Formation of dental companies etc. 38. Nothing in this Act is to be construed as prohibiting the formation of a dental company and the practice of dentistry or any dental specialty in the name of a dental company. ˙ Dental company may recover dental fees 39. A dental company is entitled to demand, claim, accept, receive or retain, or sue for, counterclaim for, set off, or recover by lawful means (judicial or non-judicial) remuneration in respect of any service provided under a contract made with it in relation to the practice of dentistry or any dental specialty. ˙ Power to regulate advertising etc. by dental companies 40. The power of the board conferred by section 35, to make by-laws includes power to make by-laws of a description referred to in section 35(2)(f) in relation to dental companies and for that purpose the paragraph shall be construed as if the expression ‘dental company’ appeared therein in lieu of the words ‘dentist or a dental specialist’ and the word ‘itself’ appeared in lieu of the words ‘himself or herself’. ˙ Regulation of company names 41.(1) The board may, by notice in writing, require a dental company to take all steps necessary according to law to alter its name to an approved name. (2) The board may, by notice in writing, require a dental company or a dentist or dental specialist who proposes to establish or join in establishing a dental company to submit to the board a list of names, in a number specified by the board, for the dental company or proposed dental company. (2A) From a list of names submitted in respect of a dental company or proposed dental company the board may select 1 or more names acceptable to it as an approved name, and, upon doing so, shall inform the dental

s 42 27 s 43 Dental Act 1971 company or, as the case may be, the dentist or dental specialist of its selection. (3) In this section— “approved name” means a name that— (a) is approved by the board; and (b) is approved by any other person or authority that under a law other than this Act is required to approve the name of a dental company. ˙ Presumed contracts with dentists and dental specialists acting for dental companies 42. Where by reason of an agreement between a person and a dental company a dentist or dental specialist, acting on behalf of the dental company, renders or performs any advice, service, attendance, treatment or operation in relation to the practice of dentistry or any dental specialty to or in relation to any person (whether a party to the agreement or not) it shall be deemed— (a) that an agreement exists between such first mentioned person and such dentist or, as the case may be, dental specialist for the rendering or performance of that advice, service, attendance, treatment or operation agreed by the dental company to be rendered or performed; or (b) where more than 1 dentist or dental specialist so acts on behalf of the dental company—that an agreement exists between such first mentioned person and each such dentist or, as the case may be, dental specialist for the rendering or performance of that part of that advice, service, attendance, treatment or operation agreed to by the dental company to be rendered or performed that is rendered or performed by that dentist or, as the case may be, dental specialist. ˙ References to repealed Act 43. A reference in an Act or document to the Dental Act 1902 is taken to be a reference to this Act.

28 Dental Act 1971 † ENDNOTES ´ 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 5 Tables in earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 6 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 7 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 8 List of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 9 Provisions that have not commenced and are not incorporated into reprint . . 38 ´ 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 January 2002. Future amendments of the Dental Act 1971 may be made in accordance with this reprint under the Reprints Act 1992, section 49.

29 Dental Act 1971 3 ´ AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev = = = = = = = = = = = = = = = = = = = = Key Key to abbreviations in list of legislation and annotations Acts Interpretation Act 1954 amended amendment chapter definition division expires/expired gazette heading inserted lapsed notified order in council omitted original page paragraph preceding present previous (prev) proc prov pt pubd R[X] RA reloc renum rep s sch sdiv SIA SIR = = = = = = = = = = = = = = = SL sub unnum = = = previously proclamation provision part published Reprint No.[X] Reprints Act 1992 relocated renumbered repealed section schedule subdivision Statutory Instruments Act 1992 Statutory Instruments Regulation 1992 subordinate legislation substituted unnumbered ´ 4 Table of earlier reprints TABLE OF EARLIER REPRINTS [If a reprint number includes a roman letter, the reprint was released in unauthorised, electronic form only.] Reprint No. Amendments included Reprint date 1 to Act No. 79 of 1993 13 July 1994 2 to Act No. 58 of 1995 8 December 1995 2A to Act No. 54 of 1996 4 December 1996 2B to Act No. 60 of 1996 15 April 1997 2C to Act No. 60 of 1996 19 November 1997 2D to Act No. 58 of 1999 7 February 2000 2E to Act No. 45 of 2001 10 August 2001

30 Dental Act 1971 ´ 5 Tables in earlier reprints Name of table TABLES IN EARLIER REPRINTS Changed citations and remade laws Changed names and titles Corrected minor errors Obsolete and redundant provisions Renumbered provisions Reprint No. 1 1 1 1 1 ´ 6 List of legislation Dental Act 1971 No. 61 date of assent 16 December 1971 commenced 23 December 1971 (proc pubd gaz 25 December 1971 p 2014) rep 1 January 2002 (2001 No. 4 s 238) Note —ss 4, 30, 30A are relocated to the Dental Practitioners Registration Act 2001 pt 10, div 3 and renumbered as ss 262–264 (2001 No. 4 s 268 sch 3 pt A) amending legislation— Dental Act Amendment Act 1973 No. 90 date of assent 20 December 1973 commenced on date of assent Nursing Studies Act and Other Acts Amendment Act 1984 No. 74 pt 5 date of assent 18 October 1984 commenced on date of assent Dental Act Amendment Act 1984 No. 81 date of assent 26 October 1984 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 31 August 1985 (proc pubd gaz 31 August 1985 p 2576) Medical and Paramedical (Amendment of Inspectorial and Audit Provisions) Act 1987 No. 10 pt 5 date of assent 15 April 1987 commenced on date of assent Dental Act Amendment Act 1987 No. 75 date of assent 1 December 1987 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 13 February 1988 (proc pubd gaz 13 February 1988 p 757)

31 Dental Act 1971 Statute Law (Miscellaneous Provisions) Act 1989 No. 103 s 3 sch date of assent 25 October 1989 commenced on date of assent Dental Amendment Act 1991 No. 56 date of assent 18 September 1991 ss 1–2 commenced on date of assent remaining provisions commenced 21 December 1991 (1991 SL No. 208) Dental Technicians and Dental Prosthetists Act 1991 No. 57 ss 1–2, 60 sch date of assent 18 September 1991 ss 1–2 commenced on date of assent (see s 2(1)) remaining provisions commenced 9 October 1992 (1992 SL No. 294) Health Legislation Amendment Act 1992 No. 66 pts 1, 3 date of assent 7 December 1992 pt 1 commenced on date of assent ss 13–14, 18–19 commenced 18 December 1992 (1992 SL No. 450) remaining provisions commenced 1 February 1993 (1992 SL No. 450) Health Legislation Amendment Act 1993 No. 79 pts 1, 4 (as amd 1994 No. 15 ss 1–3 sch 2 (as from 10 May 1994)) date of assent 17 December 1993 ss 1–2 commenced on date of assent pt 4 (except ss 16–17) commenced 14 March 1994 (1994 SL No. 84) remaining provisions commenced 11 July 1994 (1994 SL No. 264) Statute Law (Miscellaneous Provisions) Act (No. 2) 1994 No. 87 ss 1–3 sch 2 date of assent 1 December 1994 commenced on date of assent Statute Law Revision Act 1995 No. 57 ss 1–2, 4 sch 1 (as amd 1995 No. 58 ss 1–2, 4 sch 1 (as from 28 November 1995 (see s 2(1) sch 1))) date of assent 28 November 1995 commenced on date of assent Statute Law Revision Act (No. 2) 1995 No. 58 ss 1–2, 4 sch 1 date of assent 28 November 1995 commenced on date of assent Public Service Act 1996 No. 37 ss 1–2, 147 sch 2 date of assent 22 October 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 December 1996 (1996 SL No. 361) Statutory Bodies Financial Arrangements Amendment Act 1996 No. 54 ss 1–2, 9 sch date of assent 20 November 1996 ss 1–2 commenced on date of assent remaining provisions commenced 1 June 1997 (1997 SL No. 128) Health Legislation Amendment Act 1996 No. 60 pts 1–2 date of assent 9 December 1996 commenced on date of assent

32 Dental Act 1971 Health Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2 pt 14 div 2 date of assent 18 November 1999 ss 1–2 commenced on date of assent remaining provisions commenced 7 February 2000 (1999 SL No. 327) Mental Health Act 2000 No. 16 ss 1–2, 590 sch 1 pt 2 date of assent 8 June 2000 ss 1–2, 590 commenced on date of assent (see s 2(1)) remaining provisions not yet proclaimed into force (automatic commencement under AIA s 15DA(2) deferred to 8 June 2002 (2001 SL No. 46 s 2)) Dental Practitioners Registration Act 2001 No. 4 ss 1–2, 268 sch 3 pt A date of assent 11 May 2001 ss 1–2 commenced on date of assent remaining provisions commenced 1 January 2002 (2001 SL No. 258) Corporations (Ancillary Provisions) Act 2001 No. 45 ss 1–2, 29 sch 3 date of assent 28 June 2001 ss 1–2 commenced on date of assent sch 3 commenced 15 July 2001 (see s 2(2) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) remaining provision commenced immediately before 15 July 2001 (see s 2(1) of Act 2001 No. 45 (Qld) and Corporations Act 2001 No. 50 (Cwlth) and proc pubd Cwlth of Australia gaz 13 July 2001, No. S285) ´ 7 List of annotations Title amd 1987 No. 75 s 4; 1991 No. 57 s 60 sch Short title s 1 amd 1995 No. 57 s 4 sch 1 Arrangement of Act prov hdg amd 1987 No. 75 s 5(a) s 2 amd 1984 No. 81 s 4; 1987 No. 75 s 5(b)–(c) om 1991 No. 57 s 60 sch Repeals and savings s 3 amd R1 (see RA ss 38, 40) om 1995 No. 57 s 4 sch 1 Definitions prov hdg sub 1996 No. 60 s 4(1) s 4 amd 1987 No. 75 s 6(e); 1991 No. 57 s 60 sch; 2001 No. 4 s 268 sch 3 pt A reloc (as 2001 No. 4 s 262) 2001 No. 4 s 268 sch 3 pt A def “approved form” ins 1995 No. 57 s 4 sch 1 om 2001 No. 4 s 268 sch 3 pt A def “association of persons” ins 1984 No. 81 s 5(a) om 2001 No. 4 s 268 sch 3 pt A

33 Dental Act 1971 def “board” om 2001 No. 4 s 268 sch 3 pt A def “company” ins 1996 No. 60 s 4(3) sub 2001 No. 45 s 29 sch 1 om 2001 No. 4 s 268 sch 3 pt A def “dental company” ins 1984 No. 81 s 5(b) amd 1996 No. 60 s 4(2) om 2001 No. 4 s 268 sch 3 pt A def “dental specialist” om 2001 No. 4 s 268 sch 3 pt A def “dental speciality” om 2001 No. 4 s 268 sch 3 pt A def “dental technician” ins 1987 No. 75 s 6(b) om 1991 No. 57 s 60 sch def “dentist” om 2001 No. 4 s 268 sch 3 pt A def “fee” ins 1992 No. 66 s 14(2) om 2001 No. 4 s 268 sch 3 pt A def “medical practitioner” om 1995 No. 57 s 4 sch 1 def “Minister” om 1992 No. 66 s 14(1) def “operative dental auxiliary” amd 1973 No. 90 s 2 def “register of dental specialists” om 2001 No. 4 s 268 sch 3 pt A def “register of dentists” om 2001 No. 4 s 268 sch 3 pt A def “Register of Dental Technicians” ins 1987 No. 75 s 6(c) om 1991 No. 57 s 60 sch def “registrar” om 2001 No. 4 s 268 sch 3 pt A def “Standing Committee” ins 1987 No. 75 s 6(d) om 1991 No. 57 s 60 sch def “utter” om 2001 No. 4 s 268 sch 3 pt A PART 2—THE BOARD AND THE STANDING COMMITTEE pt hdg prev pt 2 hdg (prec s 5) om 1987 No. 75 s 7 pres pt 2 hdg (prec s 6) ins 1987 No. 75 s 8 Division 1—The board div hdg ins 1987 No. 75 s 8 Members of board s 7 amd 1987 No. 75 s 9; 1992 No. 66 s 15; 1995 No. 57 s 4 sch 1; 1996 No. 37 s 147 sch 2; 1996 No. 60 s 5 Increase in number of members s 7A ins 1992 No. 66 s 16 om 1995 No. 57 s 4 sch 1 President and deputy president of board s 8 amd 1995 No. 57 s 4 sch 1 Tenure of office s 9 amd 1995 No. 57 s 4 sch 1; 2000 No. 16 s 590 sch 1 pt 2 Meetings of board s 11 amd 1987 No. 75 s 10; 1991 No. 57 s 60 sch; 1992 No. 66 s 17 Entitlements of members of board or committees s 13 sub 1984 No. 74 s 11 amd 1995 No. 57 s 4 sch 1

34 Dental Act 1971 Registrar and other officers employed under Public Service Act s 15 sub 1996 No. 37 s 147 sch 2 Funds of board s 16 amd 1987 No. 10 s 17 Division 2—The Standing Committee div hdg ins 1987 No. 75 s 11 om 1991 No. 57 s 60 sch Board is statutory body s 16A prev s 16A ins 1987 No. 75 s 11 om 1991 No. 57 s 60 sch pres 16A ins 1996 No. 54 s 9 sch Casual vacancies s 16B ins 1987 No. 75 s 11 om 1991 No. 57 s 60 sch Functions of Standing Committee s 16C ins 1987 No. 75 s 11 om 1991 No. 57 s 60 sch Sections 8, 9, 11, 13 and 14 to apply to Standing Committee s 16D ins 1987 No. 75 s 12 om 1991 No. 57 s 60 sch Chairman of Standing Committee entitled to be heard at meetings of Board in certain circumstances s 16E ins 1987 No. 75 s 12 om 1991 No. 57 s 60 sch PART 3—REGISTRATION pt hdg sub 1987 No. 75 s 13 Division 1—Registration of dentists div hdg ins 1987 No. 75 s 13 Registers s 17 amd 1987 No. 75 s 14 Qualification for registration s 18 sub 1984 No. 81 s 6 amd 1991 No. 56 s 4; 1993 No. 79 s 16 (as amd 1994 No. 15 s 3 sch 2); 1995 No. 57 s 4 sch 1 Attendance of persons before board s 19 amd 1987 No. 75 s 15 Limited registration as a dentist or dental specialist s 20 sub 1991 No. 56 s 5 amd 1995 No. 57 s 4 sch 1 Registration for the purpose of postgraduate study in Queensland s 20A ins 1984 No. 81 s 7 amd 1995 No. 57 s 4 sch 1

35 Dental Act 1971 Provisional registration as dentist s 21 om 1987 No. 75 s 16 Registration of additional qualifications s 22 amd 1973 No. 90 s 3 Certificate of registration s 23 om 1987 No. 75 s 16 Annual licence fee s 24 amd 1987 No. 75 s 17; 1993 No. 79 s 17 (as amd 1994 No. 15 s 3 sch 2) Production of documents etc. s 25 prev s 25 om 1987 No. 75 s 18 pres s 25 ins 1991 No. 56 s 6 amd 1999 No. 58 s 416 Disciplinary action s 26 amd 1973 No. 90 s 4; 1984 No. 81 s 8; 1991 No. 56 s 7; 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4 sch 1 om 1999 No. 58 s 417 Discreditable conduct by associations of persons s 26A ins 1984 No. 81 s 9 om 1999 No. 58 s 418 Division 2—Registration of Dental Technicians div hdg ins 1987 No. 75 s 19 om 1991 No. 57 s 60 sch Register s 26B ins 1987 No. 75 s 19 om 1991 No. 57 s 60 sch Qualifications for registration s 26C ins 1987 No. 75 s 19 om 1991 No. 57 s 60 sch Application to be referred to Standing Committee s 26D ins 1987 No. 75 s 19 om 1991 No. 57 s 60 sch Annual registration fee s 26E ins 1987 No. 75 s 20 om 1991 No. 57 s 60 sch Disciplinary action s 26F ins 1987 No. 75 s 20 om 1991 No. 57 s 60 sch Inquiry by Standing Committee s 26G ins 1987 No. 75 s 20 om 1991 No. 57 s 60 sch Division 3—General div hdg ins 1987 No. 75 s 21

36 Dental Act 1971 Provisional registration s 26H ins 1987 No. 75 s 21 amd 1991 No. 57 s 60 sch Certificate of registration s 26I ins 1987 No. 75 s 21 amd 1991 No. 57 s 60 sch Removal of name from a register by request s 26J ins 1987 No. 75 s 21 amd 1991 No. 57 s 60 sch Effect of suspension s 26K ins 1987 No. 75 s 22 amd 1991 No. 57 s 60 sch om 1999 No. 58 s 419 Restoration of name to register s 26L ins 1987 No. 75 s 22 amd 1991 No. 57 s 60 sch; 1999 No. 58 s 420 Correction of registers s 27 amd 1987 No. 75 s 23; 1991 No. 56 s 8; 1991 No. 57 s 60 sch; 2000 No. 16 s 590 sch 1 pt 2 Notice of board’s refusal of application for registration s 28 amd 1987 No. 75 s 24; 1991 No. 57 s 60 sch sub 1999 No. 58 s 421 Appeals s 29 amd 1987 No. 75 s 25; 1991 No. 57 s 60 sch; 1995 No. 57 s 4 sch 1; 1999 No. 58 s 422 Prohibited practices s 30 amd 1973 No. 90 s 5; 1987 No. 75 s 26; 1991 No. 56 s 9; 1991 No. 57 s 60 sch; 2001 No. 4 s 268 sch 3 pt A reloc (as 2001 No. 4 s 263) 2001 No. 4 s 268 sch 3 pt A Training, designation and duties of operative dental auxiliaries s 30A ins 1973 No. 90 s 6 amd 2001 No. 4 s 268 sch 3 pt A reloc (as 2001 No. 4 s 264) 2001 No. 4 s 268 sch 3 pt A Penalty for fraudulent practices s 31 amd 1984 No. 81 s 10; R1 (see RA s 39); 1995 No. 57 s 4 sch 1; 1995 No. 58 s 4 sch 1 General penalty s 32 amd 1984 No. 81 s 11; 1995 No. 58 s 4 sch 1 Evidentiary provisions s 34 amd 1973 No. 90 s 7; 1984 No. 81 s 12; 1987 No. 75 s 27; 1989 No. 103 s 3 sch; 1991 No. 57 s 60 sch

37 Dental Act 1971 By-laws s 35 amd 1984 No. 81 s 13; 1987 No. 75 s 28; 1991 No. 57 s 60 sch; 1992 No. 66 s 18; 1993 No. 79 s 18; 1995 No. 57 s 4 sch 1 Approval of forms s 36 prev s 36 om 1993 No. 79 s 19 pres s 36 ins 1995 No. 57 s 4 sch 1 Approved forms s 37 prev s 37 om 1993 No. 79 s 20 pres s 37 ins 1995 No. 57 s 4 sch 1 (as amd 1995 No. 58 s 4 sch 1) exp 28 May 1996 (see s 37(3)) Power of board to make by-laws about fees s 37A ins 1992 No. 66 s 19 PART 5—DENTAL COMPANIES pt hdg ins 1984 No. 81 s 14 Formation of dental companies etc. s 38 ins 1984 No. 81 s 14 Dental company may recover dental fees s 39 ins 1984 No. 81 s 14 Power to regulate advertising etc. by dental companies s 40 ins 1984 No. 81 s 14 Regulation of company names s 41 ins 1984 No. 81 s 14 Presumed contracts with dentists and dental specialists acting for dental companies s 42 ins 1984 No. 81 s 14 References to repealed Act s 43 ins 1994 No. 87 s 3 sch 2 SCHEDULE om R1 (see RA s 40) ´ 8 List of forms Form D 1 Version January 1999—Application for Registration as a Dentist in Queensland pubd gaz 28 May 1999 p 393 Form D 2 Version January 1999—Application for Registration as a Dental Specialist in Queensland pubd gaz 28 May 1999 p 393

38 Dental Act 1971 Form D 7 Version April 1999—Application for an Approved Name for a Dental Company pubd gaz 28 May 1999 p 393 Form D 8 Version D8 March 2001—Application form for approval to Employ a Dental Hygienist in Queensland pubd gaz 23 March 2001 p 1275 Form D 9 Version January 1999—Application for Registration under Mutual Recognition as a Dentist in Queensland pubd gaz 28 May 1999 p 393 Form D 10 Version January 1999—Application for Registration under Mutual Recognition as a Dental Specialist in Queensland pubd gaz 28 May 1999 p 393 Form D 11 Version April 1999—Application for Approval under Mutual Recognition as a Dental Hygienist in Queensland pubd gaz 28 May 1999 p 393 Form D 12 Version April 1999—Application for Registration under Mutual Recognition as a Dentist in Queensland pubd gaz 28 May 1999 p 393 Form D 13 Version April 1999—Application for Registration under Trans-Tasman Mutual Recognition as a Dental Specialist in Queensland pubd gaz 28 May 1999 p 393 ´ 9 Provisions that have not commenced and are not incorporated into reprint The following provisions are not incorporated in this reprint because they had not commenced before the reprint date (see Reprints Act 1992, s 5(c)). Mental Health Act 2000 No. 16 s 590 sch 1 pt 2 reads as follows— DENTAL ACT 1971 1. Section 9(3)(a), from ‘or becomes’ to ‘ 1974 ’— omit.

2. Section 27(2)— omit . 39 Dental Act 1971  © State of Queensland 2002