Dental Technicians and Dental Prosthetists Act 1991
DENTAL TECHNICIANS AND DENTAL PROSTHETISTS ACT 1991
QueenslandDENTALTECHNICIANSANDDENTALPROSTHETISTSACT1991Reprinted as in force on 1 May
2002(includes amendments up to Act No. 5 of
2001)This is the reprint current on the repeal
dayReprint No. 2DThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 1 May 2002.The reprint shows
the law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.Thispageisspecifictothisreprint.SeepreviousreprintsforinformationaboutearlierchangesmadeundertheReprintsAct1992.Atableofearlierreprintsisincluded in the endnotes.Also
see endnotes for information about—•when
provisions commenced•editorial changes made in earlier
reprints.
s15s6Dental
Technicians and Dental ProsthetistsAct 1991DENTALTECHNICIANSANDDENTALPROSTHETISTSACT1991[as amended by all amendments that
commenced on or before 1 May 2002]An Act to provide
for the establishment of the Dental Technicians andDentalProsthetistsBoard,thekeepingofregistersofdentaltechnicians and
dental prosthetists and the regulation of dentaltechnicalworkanddentalprostheticservicesandforrelatedpurposes†PART1—PRELIMINARY˙Short
title1.ThisActmaybecitedastheDentalTechniciansandDentalProsthetists Act
1991.˙Administration of
Act5.Subject to the Minister, the Board
administers this Act.†PART 2—THE
BOARD˙Board established6.(1)There is established a board called Dental
Technicians and DentalProsthetists Board of
Queensland.
s76s7Dental
Technicians and Dental ProsthetistsAct 1991(2)The Board—(a)is a
body corporate with perpetual succession; and(b)has
a common seal; and(c)may sue and be sued in its corporate
name; and(d)mayacquire,hold,alienateandotherwisedealwithrealandpersonal property or any interest in
real or personal property; and(e)has
all the other powers of a natural person.(3)All
courts and persons acting judicially are to take judicial notice
ofthe Board’s common seal affixed to a
document, and until the contrary isproved, are to
presume that it was duly fixed.˙Membership7.(1)The
Board consists of the following 9 members—(a)a
person registered as a dental technician;(b)a
person registered as a dental prosthetist;(c)2personsregisteredasdentaltechnicians,nominatedbytheMinisterfromnamessubmittedby1ormoreassociationsaccepted by the
Minister as representative of dental technicians;(d)apersonregisteredasadentalprosthetist,nominatedbytheMinisterfromnamessubmittedby1ormoreassociationsaccepted by the
Minister as representative of dental prosthetists;(e)a dentist, nominated by the Minister
from names submitted by anassociation accepted by the Minister
as representative of dentists;(f)a
dentist who is an officer or employee of the department;(g)a barrister-at-law or solicitor of the
Supreme Court;(h)a person who is not registered, or
entitled to be registered, underthis or any
other Act as authorised to provide a health service tothe
community, nominated by the Minister as representing thepublic interest.(2)The
members of the Board are to be appointed by the Governor
in
s87s8Dental
Technicians and Dental ProsthetistsAct 1991Council, by gazette notice.(3)The submission of names of persons
under subsection (1)(c), (d) or(e) is to be made
within the time and in the manner determined by theMinister.(4)If
an association mentioned in subsection (1)(c), (d) or (e) fails
tomake a submission within the time and in the
manner determined by theMinister, the Governor in Council may
appoint as a member any personwho is otherwise
qualified to be nominated under the subsection.(5)For
the purpose of the constitution of the Board first constituted
afterthepassingofthisAct,thereferenceinsubsections(1)(b)and(d)topersonsregisteredasdentalprosthetistsistobereadasareferencetopersons who—(a)at
the passing of this Act, are members of an association that,
inthe Minister’s opinion, is representative of
dental prosthetists; and(b)in the opinion
of the Minister, are persons likely to be able tosatisfytherequirementsoftheBoardinrespectofthequalifications for registration of
persons under this Act as dentalprosthetists.(6)AvacancyoccursintheofficeofamemberoftheBoardfirstconstituted
appointed under subsection (5) if the member does not,
within6 months following the commencing day, become
registered as a dentalprosthetist under section 25.(7)A member of the Board first
constituted after the passing of thisAct—(a)is not to be present during the
consideration by the Board; and(b)is
not to take part in any decision of the Board;in respect of
that member’s application to be registered.˙Chairperson and deputy chairperson8.(1)IneveryappointmentofthewholenumberofmembersoftheBoard, the Governor in Council is to
appoint members to be respectively thechairperson and
the deputy chairperson of the Board.
s
98s 11Dental Technicians
and Dental ProsthetistsAct 1991(2)Whenavacancyoccursintheofficeofchairpersonordeputychairperson,theGovernorinCouncilmay,bygazettenotice,appointanother member of
the Board to the vacant office.(3)The
deputy chairperson is entitled to act in the place of the
chairpersonwhenever the chairperson is temporarily
unable to perform the duties ofoffice,and,whilesoacting,hasthepowersandauthoritiesandmayperform the duties of the
chairperson.˙Resignation from executive
offices9.A member of the Board who holds
appointment as chairperson ordeputy
chairperson may resign the appointment in writing signed by
themember and given to the Minister.˙Tenure of office10.(1)An
appointment as a member of the Board—(a)commences on the date specified in the
gazette notice or, if nodate is specified, on the date of
publication of the notice; and(b)is
for a term of 3 years or such shorter period as is specified in
thenotice.(2)AmemberoftheBoardmaybereappointedasamemberifthemember has not become ineligible for
appointment.˙Casual vacancy11.(1)TheofficeofamemberoftheBoardbecomesvacantifthemember—(a)dies; or(b)ceases to be qualified as a member;
or(c)becomesbankruptorcompoundswithcreditors,orotherwisetakes advantage
of the laws in force relating to bankruptcy; or(d)resigns from office in writing signed by the
member and given tothe Minister; or
s
129s 13Dental Technicians
and Dental ProsthetistsAct 1991(e)is
convicted of an indictable offence (whether in Queensland orelsewhere); or(f)isremovedfromofficebytheGovernorinCouncilundersection 12.(2)Resignationfromofficetakeseffectonthedayonwhichtheinstrument of resignation is received by the
Minister or on the day specifiedin the instrument
for its operation, whichever is later.(3)IfavacancyoccursintheofficeofamemberoftheBoard,theGovernor in Council may, under section 7,
appoint a qualified person to thatoffice for the
balance of the predecessor’s term of appointment and, thatperson, if otherwise qualified, is eligible
for reappointment.˙Removal from office12.(1)The
Governor in Council may, by gazette notice, remove fromoffice a member of the Board if—(a)because of mental or physical
incapacity, the member is unable toperform the
duties of office; or(b)the member is
guilty of misconduct; or(c)the member is
absent, without prior leave granted by the Board,from
3 consecutive meetings of the Board of which due noticehas
been given to the member; or(d)thememberfails,withoutreasonableexcuse,tocomplywithsection 17.(2)For
the purpose of subsection (1)(c), attendance of a member at
thetime and place appointed for an ordinary
meeting of the Board is taken toconstitutepresenceatameetingeventhough,becauseofthelackofaquorum, the
meeting does not take place, and the names of all memberswho
so attend are to be entered in the minute book.˙Meetings13.(1)The
Board is to meet as often as is necessary for the efficientconduct of its business.
s
1410s 15Dental Technicians
and Dental ProsthetistsAct 1991(2)Meetings are to be held—(a)when
convened by the chairperson by written notice to the othermembers of the Board; or(b)when
directed by the Minister by written notice to the members ofthe
Board;atatimeandplacespecifiedinthenotice,ortowhichthemeetingisadjourned.(3)If a
majority of members of the Board requests the chairperson inwriting to convene a meeting, the chairperson
is to convene a meeting inaccordance with the request.(4)The Board is to cause minutes to be
kept of proceedings at each of itsmeetings and to
be presented to the next meeting of the Board for adoption.(5)The Board may invite any person to
attend a meeting with a view toinforming or
advising the Board on any matter before the Board.(6)AproceedingordecisionoftheBoardisnotinvalidmerelybecause—(a)amemberwasnotentitledtotakepartintheproceedingordecision; or(b)there is a defect in the appointment of a
member.˙Presiding member14.(1)Thechairpersonor,inthatmember’sabsence,thedeputychairperson is to
preside at meetings of the Board.(2)If
both the chairperson and the deputy chairperson are absent from
ameeting, the member of the Board elected by
the members present at themeeting is to preside.(3)A member elected to preside at a
meeting has the powers of thechairperson.˙Quorum15.(1)Business is not to be conducted at a meeting
of the Board unless a
s
1611s 17Dental Technicians
and Dental ProsthetistsAct 1991quorum is
present.(2)A quorum at any meeting of the Board
is 5 members.˙Voting16.(1)A
question before a meeting of the Board is to be decided bymajority vote of the members present and
voting.(2)If a member present at a meeting and
entitled to vote abstains fromvoting, the
member is taken to have voted for the negative.(3)The
member presiding at a meeting has a deliberative vote and,
ifthere is an equality of votes, a casting
vote.˙Disclosure of interest17.(1)A member of the
Board who has a direct or indirect pecuniaryinterest in a
matter being considered, or about to be considered, by theBoardmust,assoonaspossibleaftertherelevantfactscometothemember’s knowledge, disclose the nature
of the interest to a meeting of theBoard.(2)The disclosure is to be recorded in
the minutes of the meeting, and,unless the Board
otherwise determines, the member concerned—(a)is
not to be present during the consideration by the Board of
thematter in question; and(b)is
not to take part in any decision of the Board in respect of
thematter.(3)A
member of the Board who makes a disclosure—(a)is
not to be present during any deliberation by the Board as towhether to make a determination under
subsection (2) in respectof the member; and(b)isnottotakepartinthemakingbytheBoardofsuchadetermination.
s
1812s 20ADental Technicians
and Dental ProsthetistsAct 1991˙Entitlements of members of Board and
committees18.(1)Members
of—(a)the Board; or(b)an
advisory committee appointed by the Board; or(c)a
committee mentioned in section 25(2)(b)(iii);are to be paid
such fees and allowances as are approved by the Governor inCouncil.(2)Members of the Board or of a committee
mentioned in subsection (1)areentitledtobereimbursedsuchoutofpocketexpensesnecessarilyincurred by them
in the performance of the duties of office as are approvedby
the Board.˙Registrar and other officers employed
under Public Service Act19.The registrar
and other officers of the board are to be employed underthePublic Service Act 1996.˙Funds of
Board20.(1)All amounts
received by or on behalf of the Board are to be paidinto
and form part of the funds of the Board.(2)Expenses of and incidental to the
administration of this Act are to bepaid from the
funds of the Board.(3)The Board is to cause a true and
correct account to be kept of allamounts received
by or on behalf of the Board and all expenditure incurredfor
the purposes of this Act.˙Transfer of
fees20A.(1)All registration
fees paid by or on behalf of dental techniciansand dental
prosthetists that, immediately before the commencement of
thissection,areheldbyorvestedintheDentalBoardofQueensland(the“Dental Board”) are, on that
commencement, divested from the DentalBoard and vested
in the Board.
s
20B13Dental Technicians and Dental
ProsthetistsAct 1991s 21(2)The Dental Board must take all
necessary action to pay the fees to theBoard.˙Board is statutory body20B.(1)Under theStatutory Bodies Financial Arrangements Act
1982,the Board is a statutory body.(2)TheStatutory Bodies
Financial Arrangements Act 1982, part 2B
setsout the way in which the Board’s powers under
this Act are affected by theStatutory Bodies
Financial Arrangements Act 1982.†PART3—REGISTRATION˙Registers21.(1)The
Board is to keep the following registers in such form as itthinks fit—(a)the
Register of Dental Technicians recording the names and otherprescribed particulars of persons who are
registered under thisAct as dental technicians; and(b)the Register of Dental Prosthetists
recording the names and otherprescribed
particulars of persons who are registered under thisAct
as dental prosthetists.(2)The prescribed
particulars mentioned in subsection (1) are—(a)for
the register of dental technicians—the prescribed
particularsstated in section 28(b); and(b)for the register of dental
prosthetists—(i)the prescribed particulars stated in
section 28(b); and(ii)details entered
in the register under section 31A.
s
2214s 25Dental Technicians
and Dental ProsthetistsAct 1991˙Inspection of registers22.(1)A
person may, on payment of the prescribed fee—(a)inspect an entry in a register; or(b)obtain a copy of an entry, certified
correct by the registrar.(2)On request by a
registration authority, and without fee, the Board maygive
to the registration authority a copy of an entry in a register,
certified bythe registrar.(3)In
subsection (2)—“registration authority”means a person
or body authorised by or underthe law of
another State, a Territory or another country to registerpersons authorised by that law to perform
dental technical work orprovide dental prosthetic
services.˙Publication of names of registered
persons23.The Board is to publish in the gazette
a copy of the registers as at1 May in each
year certified as being correct by the registrar.˙Applications for registration24.An application to be registered is to
be—(a)made in a form approved by the Board;
and(b)supported by such evidence as the
Board may require; and(c)lodged with the
registrar; and(d)accompanied by the prescribed
fee.˙Qualifications for registration as
dental technicians and prosthetists25.(1)The
Board is to register an individual as a dental technician if
theperson makes application under section 24 and
satisfies the Board that—(a)the person is of
good fame and character, and has an adequateability to speak
and understand the English language; and
s
2615s 26Dental Technicians
and Dental ProsthetistsAct 1991(b)the
person holds 1 of the following qualifications—(i)successfulcompletionofanapprenticeshipasadentaltechnician under
theTraining and Employment Act 2000,
orany other Act in force at any time before
that Act;(ii)successful
completion of a course of training as a dentaltechnician,
either in or outside the State, being a course oftraining that is, in the opinion of the
Board, of a standard atleastequaltotheapprenticeshipreferredtoinsubparagraph
(i).(2)The Board is to register an individual
as a dental prosthetist if theperson makes
application under section 24 and satisfies the Board that—(a)the person is registered as a dental
technician; and(b)the person holds 1 of the following
qualifications—(i)successful completion of an accredited
course, within themeaning of theTraining and
Employment Act 2000, in thecalling dental
prosthetist;(ii)successfulcompletionofacourse,inthecallingdentalprosthetist, elsewhere than in Queensland,
being a coursethat is, in the opinion of the Board, of a
standard at leastequal to the course referred to in
subparagraph (i);(iii)where the
application is received by the Board within theperiodof2yearsfromthecommencingday,successfulcompletion of
such oral, written and practical examinationsas are arranged
by a committee appointed by the Minister.˙Registration of companies26.(1)The
Board is to register a company as a dental technician if—(a)the company makes application under
section 24 and satisfies theBoard
that—(i)the carrying on of business as a
dental technician is withinthe authority
conferred by its memorandum and articles ofassociation;
and
s
2716s 27Dental Technicians
and Dental ProsthetistsAct 1991(ii)at
least 1 of its directors is registered as a dental technician
ordental prosthetist, or is a dentist;
and(iii)the controlling
interest in the company is held by 1 or morepersons
registered as dental technicians or dental prosthetists,or
dentists, or a combination of such persons; and(b)the
company’s name is an approved name.(2)The
Board is to register a company as a dental prosthetist if—(a)the company makes application under
section 24 and satisfies theBoard
that—(i)the carrying on of business as a
dental prosthetist is withinthe authority
conferred by its memorandum and articles ofassociation;
and(ii)at least 1 of
its directors is registered as a dental prosthetist oris a
dentist; and(iii)the controlling
interest in the company is held by 1 or morepersonsregisteredasdentalprosthetistsordentists,oracombination of such persons;
and(b)the company’s name is an approved
name.(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 lawother than this
Act is required to approve the name of a company.˙Attendance before Board of
applicant27.(1)TheBoardmay,bywrittennotice,requireanapplicantforregistration, or, if the applicant is a
company, a director of the company—(a)to
give to the Board, orally or in writing, further informationrelating to the application as is specified
in the notice; and(b)to attend before the Board for the
purpose of giving informationrelating to the
application.
s
2817s 29Dental Technicians
and Dental ProsthetistsAct 1991(2)If
the applicant, or director fails to give information, or to attend,
asrequired, the Board may refuse the
application.˙Entries in registers28.Registration is effected by entering
in the appropriate register—(a)the
name of the person; and(b)the following
prescribed particulars—(i)in the case of
an individual—(A)the person’s place of business in the
State or, if there isno such place, the person’s place of
residence in theState; and(B)the
person’s qualifications;(ii)in the case of a
company—(A)the place at which the company carries
on business inthe State; and(B)thenamesofthecompany’sdirectorsandmemberswho are
registered persons;(iii)the allotted
registration number;(iv)the date of
registration.˙Provisional registration29.(1)If the
chairperson or, in the absence of the chairperson, a memberof
the Board authorised by the Board, is satisfied that a person who
hasapplied to be registered is entitled to be
registered as a dental technician ordental
prosthetist, the chairperson or member may grant to the person
acertificateofprovisionalregistrationasadentaltechnicianordentalprosthetist, as
the case may be.(2)A person who has been granted a
certificate of provisional registrationas a dental
technician or dental prosthetist is taken to be registered as a
dentaltechnician or dental prosthetist for a period
of 6 months from the granting ofthe certificate
or such shorter period as may be fixed by the Board either
in
s
29A18Dental Technicians and Dental
ProsthetistsAct 1991s 30the
certificate or by written notice to the person.(3)The
Board may cancel the certificate of provisional
registration.(4)If the Board cancels the certificate
of provisional registration, thecancellation is
taken to be a refusal by the Board of the person’s
applicationto be registered.(5)If
the person to whom the certificate of provisional registration
hasbeen granted becomes registered while the
certificate is still in force, theperson’sregistrationdatesfromthegrantingofthecertificateunlessotherwise decided by the Board.˙Provisional registration for purposes
of examination mentioned ins 25(2)(b)(iii)29A.(1)An
applicant for registration as a dental prosthetist may
providea dental prosthetic service for the purpose
of completing that part of anexamination
mentioned in section 25(2)(b)(iii) that involves the provision
oftheserviceand,forthatpurposeonly,theapplicantistakentobeprovisionally registered as a dental
prosthetist.(2)A person not registered as a dental
prosthetist, who is appointed by acommittee
mentioned in section 25(2)(b)(iii) to conduct an examinationmentioned in the provision, may provide a
dental prosthetic service for thepurpose of
conducting the examination and, for that purpose only, is
takento be provisionally registered as a dental
prosthetist.˙Certificate of registration30.(1)The Board is to
issue a certificate of registration to each personwho
is registered.(2)A certificate is evidence that the
person named in the certificate wasregistered as a
dental technician or dental prosthetist, as the case may be,
onthe day specified in the certificate.(3)If the Board is satisfied that a
certificate issued to a registered personhas been lost,
stolen or destroyed, the Board may issue to the person aduplicate certificate on payment of the
prescribed fee.(4)If a person ceases to be registered,
the Board may by written notice
s
3119s 32Dental Technicians
and Dental ProsthetistsAct 1991requirethepersontodeliverthecertificateissuedtothepersontotheregistrar within
14 days of service of the notice on the person.(5)Apersontowhomanoticeisgivenundersubsection(4),mustcomply with the
notice unless the person has reasonable excuse for failingto do
so.Maximum penalty—2 penalty units.˙Annual registration fee31.(1)Withintheperiodcommencingon1Januaryandendingon30
April in each year, a registered person who desires to remain
registeredis to pay to the Board the prescribed annual
registration fee.(2)If the person fails to comply with
subsection (1), the Board may, bywrittennotice,informthepersonthattheperson’sregistrationwillbecancelled if the person fails to pay
the prescribed annual registration fee.(3)If
the person fails to pay the prescribed annual registration fee
afterbeing given the notice, the Board may cancel
the person’s registration.(4)If the person’s
registration is cancelled under subsection (3), theBoard
is to restore the registration if the person makes written
application tothe Board and pays the prescribed annual
registration fee and the prescribedrestoration
fee.˙Removal from and alteration of
registers32.(1)A registered
person must give written notice to the Board of anychangeofnameorchangeintheprescribedparticularsenteredintheappropriate
register within 30 days of the day on which the change
happens.(2)The Board is to—(a)remove from the appropriate register
particulars of a registrationif—(i)in the case of an individual—the
person has died, or has, inwriting,
requested the removal; or(ii)in the case of a
company—it has been wound up or has, inwriting,
requested the removal; and
s
3520s 36Dental Technicians
and Dental ProsthetistsAct 1991(b)make
such alterations to particulars in the appropriate register
asarenecessaryfortheregistertobeanaccuraterecordoftheregistered particulars of dental
technicians and dental prosthetists.†PART4—PERFORMANCEOFDENTALTECHNICALWORKANDPROVISIONOFDENTALPROSTHETICSERVICES˙Restricted use of business names35.(1)Aregisteredpersonmustnotcarryonbusinessasadentaltechnician or
dental prosthetist under a business name unless the name is
aname that—(a)is
approved by the Board; and(b)is approved by
any other person or authority that under a lawother than this
Act is required to approve the name.Maximum
penalty—17 penalty units.(2)In this
section—“businessname”meansabusinessnamewithinthemeaningoftheBusiness Names Act 1962.˙Continuation of
practice of deceased registered person36.(1)Where a registered person dies and, at the
time of death, theperson was carrying on business as a
registered dental technician or dentalprosthetist, the
personal representative of the estate of the deceased personmay
continue the business for a period of 6 months following the death,
orfor such longer period as the Board, on
written application made to it by thepersonal
representative, permits, if—(a)the
dental technical work performed in the business is performedby a
registered dental technician; or(b)thedentalprostheticservicesprovidedinthebusinessare
s
3721s 53Dental Technicians
and Dental ProsthetistsAct 1991provided by a
registered dental prosthetist.(2)Whenmakinganapplicationundersubsection(1),thepersonalrepresentative is
to notify the Board of the name of the registered personwho
will perform the dental technical work or provide the dental
prostheticservices, as the case may be, in the
business.†PART5—APPEALS˙Board to give notice of refusal of
application37.(1)If the board
refuses an application by a person for registration as adental technician or dental prosthetist, the
registrar must, within 14 days ofthe 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 DistrictCourt; and(c)how
to appeal.˙Appeals53.(1)A
person aggrieved by a refusal by the board of the person’sapplication for registration as a dental
technician or dental prosthetist mayappeal against
the board’s decision to the District Court.(1A)The
decision of the District Court on the appeal is final and
theboard must give effect to it.(2)The District Court may—(a)dismiss the appeal; or(b)allow the appeal and order the board
to register the person as adental
technician or a dental prosthetist.(3)The
appeal—
s
5422s 54Dental Technicians
and Dental ProsthetistsAct 1991(a)is
to be instituted within 30 days after the person receives
noticeof the Board’s decision, by filing a notice
of appeal in the registryof the District Court at Brisbane and
by complying with the rulesof court
applicable to such appeals; and(b)is
by way of re-hearing on the material before the Board or, if
theJudge hearing the appeal so orders, on
material adduced on theappeal, or on both.†PART6—MISCELLANEOUS˙Fraudulent actions54.(1)A
person must not—(a)falsify a register, or a document
relating to a register; or(b)make a false
statement relating to a register; or(c)utter a false, forged or counterfeit
certificate or document relatingto a person’s
qualifications to perform dental technical work or toprovide dental prosthetic services;
or(d)procure, or attempt to procure, any
person to be registered bymeans of any false or fraudulent
representation or statement, oralor written;
or(e)impersonate,orpretendtobe,apersonreferredtoinanydocument
furnished to the Board, or in a certificate issued underor
for the purposes of this Act; or(f)fraudulently, or by false representation,
obtain a certificate ofregistration under this Act; or(g)forge, alter or counterfeit a
certificate of registration under thisAct; or(h)utter any forged, altered or
counterfeit certificate of registrationunder this Act,
knowing the certificate to be forged, altered orcounterfeit; or
s
5523s 56Dental Technicians
and Dental ProsthetistsAct 1991(i)falsely advertise or represent that a person
is registered under thisAct, or holds a certificate of
registration under this Act, or topermit another
to do so.Maximum penalty—17 penalty units or
imprisonment for 6 months, orboth.(2)Subsection (1) is in addition to and
not in derogation of the CriminalCode, but a
person cannot be punished both under this Act and under thecode
in respect of the same act.(3)If a person has
become registered by means that constitute an offence,on
conviction of the person for the offence the person’s name and
otherparticulars are immediately to be removed
from the register or registers inwhich they are
entered.˙General offence55.(1)A
person who contravenes any provision of this Act commits anoffence against this Act and, except where a
penalty is otherwise prescribed,is liable to a
penalty of 17 penalty units.(2)The
penalty of 17 penalty units mentioned in subsection (1) does
notapply for a contravention of a by-law.(3)All penalties ordered to be paid in
respect of offences against this Actare payable to
the Board.˙Proceedings generally56.(1)Proceedings for
an offence against this Act may be taken in asummary way under
theJustices Act 1886on the complaint
of the registraror a person authorised by the Board,
generally or in a particular case.(2)ProceedingsforanoffenceagainstthisActmaybecommencedwithin 1 year from the time when the matter
of complaint arose, or within6 months after
the matter of complaint came to the knowledge of the Board,whichever period is the later to
expire.(3)All fees payable to the Board under
this Act and all penalties andcosts ordered by
the Board to be paid to it under this Act, constitute a debtdue
to the Board and may be recovered—
s
5724s 57Dental Technicians
and Dental ProsthetistsAct 1991(a)by
way of action in a court of competent jurisdiction at the suit
ofthe Board; or(b)in a
summary way under theJustices Act 1886on the
complaintof—(i)the registrar;
or(ii)a person
authorised by the Board generally or in a particularcase.˙Evidentiary provision57.In
any proceeding for the purposes of this Act—(a)a
certificate purporting to be that of the registrar
certifying—(i)as to the state of any part of a
register on a day or during aperiod specified
in the certificate; or(ii)that a named
person was, or was not, on a day or during aperiodspecifiedinthecertificate,registeredasadentaltechnician or
dental prosthetist;is evidence of the matters contained in the
certificate; and(b)a certificate purporting to be that of
the registrar certifying that aperson has been
convicted of an offence or offences against thisAct
is evidence of the matters contained in the certificate; and(c)a part of a register, or an extract of
part of a register, purporting tobe certified as
correct by the registrar is evidence of the matterscontained in that part of the register;
and(d)a statement, in a complaint commencing
that proceeding, of thedate on which the matter of complaint
came to the knowledge ofthe Board is evidence of the
statement; and(e)proofisnotrequiredoftheappointmentorsignatureoftheregistrar or other officer appointed
for the effectual administrationof this Act;
and(f)proof is not required of the authority
of a person to prosecute anoffence against
this Act or to take any proceeding on behalf of theBoard.
s
5825s 58Dental Technicians
and Dental ProsthetistsAct 1991˙By-laws58.(1)The
Board may make by-laws, not inconsistent with this Act, withrespect to any matter that—(a)is required or permitted to be
prescribed by this Act; or(b)is necessary or
convenient to be prescribed for carrying out orgiving effect to
this Act.(2)Without limiting subsection (1), the
by-laws may make provisionwith respect to the following
matters—(a)the powers and functions of the
registrar and officers appointedfor the
effectual administration of this Act;(b)the
registers and the manner of their keeping;(c)the
making of applications to the Board, and consequences offurnishing false particulars in
applications;(d)the conduct of, and procedures at,
meetings or other proceedingsof the
Board;(e)the custody of the common seal of the
Board, and the attestationof documents by or on behalf of the
Board;(f)thepurposesforwhichfeesarepayableunderthisAct,theamounts of fees, the persons who are
liable to pay fees, when feesarepayable,thewaiveroffeesandtherecoveryofunpaidamounts of
fees;(fa)the allowances
payable under this Act and the purposes for whichthey
are payable;(g)advertising by registered
persons;(h)premises at which dental technical
work may be performed ordental prosthetic services may be
provided;(i)penalties for breaches of a by-law,
not exceeding, in the case of acompany,50penaltyunitsor,inthecaseofanindividual,10 penalty
units.(3)A by-law has no effect unless approved
by the Governor in Council.
s
5926s 59Dental Technicians
and Dental ProsthetistsAct 1991˙Regulation-making power59.(1)The
Governor in Council may make regulations under this Act.(2)Aregulationmaydeclareacoursetobeanapproveddentalprosthetics
course or approved oral pathology course from a date before
thedeclaration or for a stated
period.
28Dental Technicians and Dental
ProsthetistsAct 19913´AIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresprev====================KeyKey
to abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedamendmentchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedorder
in councilomittedoriginalpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIR===============SLsubunnum===previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992Statutory InstrumentsRegulation
1992subordinate legislationsubstitutedunnumbered´4Table of earlier
reprintsTABLE OF EARLIER REPRINTS[If a
reprint number includes a roman letter, the reprint was released in
unauthorised,electronic form only]Reprint
No.Amendments includedReprint
date1to Act No. 66 of 19921
February 19931Ato Act No. 57 of 19954
September 19961Bto Act No. 61 of 199611
February 19972to Act No. 47 of 19972
September 19972Ato Act No. 41 of 199821
December 19982Bto Act No. 58 of 19997
February 20002Cto Act No. 23 of 200011
October 2000
29Dental Technicians and Dental
ProsthetistsAct 1991´5Tables in earlier reprintsTABLES IN EARLIER REPRINTSName
of tableRenumbered provisionsReprint
No.1´6List
of legislationDental Technicians and Dental Prosthetists
Act 1991 No. 57date of assent 18 September 1991pts
1–2 commenced on date of assents 60 (so far as
it amends the Medical Acts and Other Acts (Administration)
Act1966) commenced 3 April 1992 (1992 SL No.
64)remaining provisions commenced 9 October
1992 (1992 SL No. 294)rep 1 May 2002 (2001 No. 5 s
220)Note—ss3,4,31A,33and34arerelocatedtotheDentalTechniciansandDentalProsthetistsRegistrationAct2001pt10,div3andrenumberedasss
240–244 (2001 No. 5 s 248 sch 3)amending
legislation—Statute Law (Miscellaneous Provisions) Act
1992 No. 36 ss 1–2 sch 2date of assent 2 July 1992amdt
1 commenced 18 September 1991 (see s 2 sch 2)amdt 2 commenced
3 April 1992 (see s 2 sch 2)Health Legislation
Amendment Act 1992 No. 66 pts 1, 4date of assent 7
December 1992ss 1–2 commenced on date of assentremaining provisions commenced 18 December
1992 (1992 SL No. 450)Health Legislation Amendment Act 1993
No. 79 pts 1, 5date of assent 17 December 1993ss
1–2 commenced on date of assentremaining
provisions commenced 14 March 1994 (1994 SL No. 84)Statute Law Revision Act 1995 No. 57 ss 1–2,
4 sch 1date of assent 28 November 1995commenced on date of assentPublic
Service Act 1996 No. 37 ss 1–2, 147 sch 2date of assent 22
October 1996ss 1–2 commenced on date of assentremaining provisions commenced 1 December
1996 (1996 SL No. 361)
30Dental Technicians and Dental
ProsthetistsAct 1991Statutory Bodies
Financial Arrangements Amendment Act 1996 No. 54 ss 1–2,9
schdate of assent 20 November 1996ss
1–2 commenced on date of assentremaining
provisions commenced 1 June 1997 (1997 SL No. 128)Health
Legislation Amendment Act (No. 2) 1996 No. 61 ss 1–2, 15 schdate
of assent 9 December 1996ss 1–2 commenced on date of
assentremaining provisions commenced 20 December
1996 (1996 SL No. 402)Dental Technicians and Dental
Prosthetists Amendment Act 1997 No. 47date of assent 29
August 1997commenced on date of assentHealth
and Other Legislation Amendment Act 1998 No. 41 ss 1, 2(2), 14(2)
sch 2date of assent 27 November 1998ss
1–2 commenced on date of assentremaining
provisions commenced 21 December 1998 (1998 SL No. 346)Health
Practitioners (Professional Standards) Act 1999 No. 58 ss 1–2 pt 14
div 3date of assent 18 November 1999ss
1–2 commenced on date of assentremaining
provisions commenced 7 February 2000 (1999 SL No. 327)Training and Employment Act 2000 No. 23 ss 1,
2(3), 293 sch 2date of assent 27 June 2000ss
1–2 commenced on date of assentremaining
provisions commenced 28 September 2000 (2000 SL No. 248)Dental
Technicians and Dental Prosthetists Registration Act 2001 No. 5 ss
1–2,248 sch 3date of assent 11
May 2001ss 1–2 commenced on date of assentremaining provisions commenced 1 May 2002
(2002 SL No. 74)´7List of
annotationsCommencements 2om R2
(see RA s 37)Interpretations 3amd
2001 No. 5 s 248 sch 3reloc (as 2001 No. 5 s 240) 2001 No. 5
s 248 sch 3def“approved dental prosthetics
course”ins 1997 No. 47 s 3def“approved oral pathology course”ins
1997 No. 47 s 3def“Board”om 2001 No. 5 s
248 sch 3def“chairperson”om 2001 No. 5 s
248 sch 3def“commencing day”om 2001 No. 5 s
248 sch 3def“dentist”sub 2001 No. 5 s
248 sch 3
31Dental Technicians and Dental
ProsthetistsAct 1991def“deputy chairperson”om 2001 No. 5 s
248 sch 3def“fee”ins 1992 No. 66 s
21om 2001 No. 5 s 248 sch 3def“medical practitioner”om
1993 No. 79 s 22def“register”om 2001 No. 5 s
248 sch 3def“registered”om 2001 No. 5 s
248 sch 3def“registrar”om 2001 No. 5 s
248 sch 3def“utter”om 2001 No. 5 s
248 sch 3Application of div 3prov hdgamd
2001 No. 5 s 248 sch 3s 4amd 2001 No. 5 s
248 sch 3reloc (as 2001 No. 5 s 241) 2001 No. 5 s 248
sch 3Memberships 7amd
1996 No. 61 s 15 schEntitlements of members of Board and
committeess 18amd 1992 No. 66 s 22Registrar and other officers employed under
Public Service Acts 19amd 1992 No. 36 s 2 sch 2sub
1996 No. 37 s 147 sch 2Transfer of feess 20Ains
1992 No. 66 s 23Board is statutory bodys 20Bins
1996 No. 54 s 9 schRegisterss 21amd
1997 No. 47 s 4Qualifications for registration as dental
technicians and prosthetistss 25amd
1993 No. 79 s 23; 2000 No. 23 s 293 sch 2Provisional
registration for purposes of examination mentioned in s
25(2)(b)(iii)s 29Ains 1992 No. 66 s 24Entering in register of additional
informations 31Ains 1997 No. 47 s 5amd
2001 No. 5 s 248 sch 3reloc (as 2001 No. 5 s 242) 2001 No. 5
s 248 sch 3Authority to practise restricted to
registrantsprov hdgamd 2001 No. 5 s
248 sch 3s 33amd 2001 No. 5 s 248 sch 3reloc
(as 2001 No. 5 s 243) 2001 No. 5 s 248 sch 3Restriction on
performance of dental technical work and provision of dentalprosthetic servicess 34amd
1997 No. 47 s 6amd 2001 No. 5 s 248 sch 3reloc
(as 2001 No. 5 s 244) 2001 No. 5 s 248 sch 3
32Dental Technicians and Dental
ProsthetistsAct 1991PART
5—APPEALSpt hdgsub 1999 No. 58 s
424Board to give notice of refusal of
applications 37sub 1999 No. 58 s 425Notice
of inquirys 38om 1999 No. 58 s 425Constitution of Boards 39om
1999 No. 58 s 425Inquiry not open to publics
40om 1999 No. 58 s 425Recordss
41om 1999 No. 58 s 425Procedures
42om 1999 No. 58 s 425Representations 43om
1999 No. 58 s 425Powers of Boards 44om
1999 No. 58 s 425Inspection of documentss 45om
1999 No. 58 s 425Allowance to witnesss 46om
1999 No. 58 s 425Offences—inquiriess 47om
1999 No. 58 s 425Self incriminations 48om
1999 No. 58 s 425Board may order cancellation of registration
etc.s 49om 1999 No. 58 s 425Cancellation and suspension of
registrations 50om 1999 No. 58 s 425Notice
of Board’s decisionss 51om 1999 No. 58 s 425Restoration of registrations
52om 1999 No. 58 s 425Appealss
53amd 1992 No. 66 s 25; 1995 No. 57 s 4 sch 1;
1999 No. 58 s 426Fraudulent actionss 54amd
1999 No. 58 s 427
