QueenslandOptometrists Act
1974OPTOMETRISTSBY-LAW1996Reprinted as in force on 7 December
2001(includes amendments up to SL No. 231 of
2001)Reprint No. 1IThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
by-law is reprinted as at 7 December 2001. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.This page is specific to this reprint. See
previous reprints for information about earlierchanges made under
the Reprints Act 1992. A table of earlier reprints is included in
theendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.
s13s2Optometrists By-law 1996OPTOMETRISTS
BY-LAW 1996[as amended by all amendments that commenced
on or before 7 December 2001]PART
1—PRELIMINARY1Short titleThis by-law may
be cited as theOptometrists By-law 1996.2DefinitionsIn this
by-law—“advertise”means advertise
a practice, or advertise a person as being anoptometrist, in
any way.Examples of ways of advertising—(a)placing an advertisement in a
newspaper or professional journal;(b)placing an entry in a directory;(c)distributing a circular;(d)displaying a sign or nameplate;(e)using printed stationery.“directory”includes an
electronic directory.“meeting”means a board
meeting.“member”means a board
member.“practice”means an
optometry practice.
s34s5Optometrists By-law 1996PART 2—BOARD
MEETINGSDivision 1—Ordinary meetings3Notice of meetingThe registrar
must give each member written notice of the time and placeof an
ordinary meeting at least 3 clear days before the meeting.4Order of business at ordinary
meetingUnless the board decides otherwise, the
order of business at an ordinarymeeting of the
board is as follows—(a)readingtheminutesofthelastmeetingandconfirmingoramending them;(b)business arising out of the minutes;(c)considering correspondence received,
or prepared, by the board;(d)financial
matters;(e)considering applications for—(i)restoration of a person’s name to the
register; or(ii)registration as
an optometrist; or(iii)registration of
additional qualifications;(f)motions of which
notice has been given;(g)general
business;(h)deciding a time for the next ordinary
meeting.Division 2—Special meetings5When a special meeting is to be
held(1)The registrar must call a special
meeting—(a)at the chairperson’s request;
or
s65s9Optometrists By-law 1996(b)on
the written request of 3 members.(2)The
request must state the business to be considered at the
meeting.6Notice of special meeting(1)The registrar must give each member
written notice of the time andplace of a
special meeting at least 3 clear days before the meeting.(2)The notice must state the business to
be considered at the meeting.7Business that may be considered at special
meetingThe board may conduct business at a special
meeting only if the businesswas stated in the
notice of the meeting.Division 3—General8Adjournment of meeting(1)The
members present at a meeting may adjourn the meeting at anytime.(2)If a quorum is
not present within 30 minutes after a meeting is due tostart, the registrar may adjourn the meeting
for not more than 14 days.(3)The registrar
must give each member of the board written notice ofthe
time and place of an adjourned meeting.9Disclosure of interests by members(1)This section applies if—(a)amemberhasadirectorindirectpersonalinterestinanissuebeing
considered, or about to be considered, by the board; and(b)theinterestcouldconflictwiththeproperperformanceofthemember’s duties in considering the
issue.(2)The member must disclose the nature of
the interest at a meeting assoonaspracticableafterthememberbecomesawareofthepossibleconflict of
interest.
s
106s 11Optometrists
By-law 1996(3)The disclosure must be recorded in the
minutes and, unless the boardotherwise
decides, the member must not—(a)be
present when the board considers the issue; or(b)take
part in a decision of the board on the issue.Maximum
penalty—30 penalty units.(4)A member who
makes a disclosure must not—(a)bepresentwhentheboardisconsideringwhetherornotthemember should be present when the board
considers the issue; or(b)take part in a
decision by the board under subsection (2).Maximum
penalty—30 penalty units.PART 3—ADMINISTRATION10Board’s funds(1)An
amount payable to the board must be given to the registrar.(2)Theregistrarmustdeposittheamountinanaccountkeptbytheboard with a
financial institution.(3)A payment may be
made from the account only—(a)by a
cheque signed by the registrar and a member authorised bythe
board to sign cheques; or(b)in another way
decided by the board.11Board’s common
seal(1)The registrar must have custody of the
board’s common seal.(2)The registrar may only attach the
common seal to—(a)a certificate of registration;
or(b)another document if—(i)the attachment is authorised in
writing by the chairperson;or
s
127s 13Optometrists
By-law 1996(ii)the attachment
is authorised by resolution of the board andwitnessed by 2
members.PART 4—REGISTRATION12Qualifications for registration—Act s
19(1)(a)The following are the qualifications for
registration—(a)BachelorofAppliedScience(Optometry),QueenslandUniversity of
Technology;(b)Bachelor of Applied Science
(Optometry), Queensland Instituteof
Technology;(c)Diploma of Applied Science
(Optometry), Queensland Instituteof
Technology;(d)Bachelor of Optometry, University of
New South Wales;(e)Bachelor of Science (Optometry),
University of Melbourne;(f)Bachelor of
Optometry, University of Melbourne;(g)Bachelor of Optometry, University of
Auckland.13Register to be keptThefollowingparticularsmustberecordedintheregisterforeachoptometrist—(a)business address;(b)registration number;(c)date
of registration;(d)qualifications entitling the
optometrist to registration;(e)qualifications the optometrist is entitled
under section 20 of theAct to have recorded in the
register.
s
148s 15Optometrists
By-law 1996PART 5—PRACTICE14Practice names(1)An
optometrist must not practise under a name other than—(a)the optometrist’s name; or(b)iftheoptometristpracticesasamemberofanassociationofoptometrists and the name of the association
consists only of thenameofitsmembersorformermembers—thenameoftheassociation;
or(c)a name approved by the board.Maximum penalty—30 penalty units.(2)The board may approve a name for a
practice only if it is satisfied thename—(a)is not misleading as to the persons
working in the practice or thenature of the
practice; and(b)does not imply superiority for the
practice over other practices;and(c)does not imply the practice is the
only practice in the area; and(d)is
not vulgar or sensational; and(e)doesnototherwisebringtheprofessionofoptometryintodisrepute.(3)If
an optometrist practices under a name that does not include his
orher name, the optometrist must display his or
her name in a way that isclearly visible to persons visiting the
practice.Maximum penalty—30 penalty units.PART
6—ADVERTISING15Advertising(1)An
optometrist must not advertise in a way that—
s
169s 17Optometrists
By-law 1996(a)is false, misleading or deceptive;
or(b)is vulgar or sensational; or(c)implies superiority for the
optometrist over other optometrists; or(d)is
otherwise unprofessional.Maximum penalty—30 penalty
units.(2)An optometrist must not include in an
advertisement—(a)anendorsementof,ortestimonialabout,theoptometrist,theoptometrist’spracticeoraserviceorproductprovidedbytheoptometrist or
practice; or(b)areferencetofeesforaserviceorproductprovidedbytheoptometrist or
optometrist’s practice; or(c)aclaimthattheoptometristholdsaqualification,unlessthequalification is recorded in the
register for the optometrist.Maximum
penalty—30 penalty units.16Directory
advertising(1)An optometrist must not place an entry
for a practice in a directoryother than under
subsection (2).Maximum penalty—30 penalty units.(2)The entry must—(a)include only the following matters—(i)the name of the optometrist or the
optometrist’s practice;(ii)the business
address of the practice;(iii)thetelephoneandfacsimilenumbersofthepractice(including any after hours number);
and(b)be in standard or common size print
used in the directory.17Advertising by
another personAnoptometristmustnotpermitanotherpersontoadvertisetheoptometrist’s practice, or a service or
product provided by the optometrist,in a way that is
contrary to this by-law.Maximum penalty—30 penalty
units.
s
1810s 20Optometrists
By-law 1996PART 7—MISCELLANEOUS18Board
may serve notice to comply(1)If the board
believes, on reasonable grounds, that an optometrist ispractisingoradvertisingincontraventionofthisby-law,theboardmaygivetheoptometristawrittennotice(“noticetocomply”)underthissection.(2)A
notice to comply must state—(a)the
act or omission comprising the alleged contravention; and(b)theactionthepersonmusttaketorectifytheallegedcontravention;
and(c)the day by which the optometrist must
take the action (the“duedate”).(3)Thetimebetweenwhenthenoticetocomplyisgiventotheoptometristandtheduedatemustbereasonable,havingregardtotheaction the optometrist must
take.(4)The optometrist must comply with the
notice unless the optometristhas a reasonable
excuse.Maximum penalty—10 penalty units.(5)Anoptometristwhoreceivesanoticetocomplymaynotbeprosecutedfortheallegedcontraventionunlesstheoptometristdoesnotcomply with the notice by the due
date.(6)An optometrist may be prosecuted for
an offence against this by-laweven though the
optometrist has not received a notice to comply.19FeesThe fees payable
under the Act are in the schedule.20When
annual licence fee must be paid(1)A
person who is already registered as an optometrist at the
beginningof a year, or becomes registered in January
of a year, must pay the annuallicence fee for
the year on or before 31 January in the year.
s
2111s 21Optometrists
By-law 1996(2)A person who is not registered as an
optometrist in January of a year,but applies to be
registered in the year, must pay the annual licence fee forthe
year with the registration fee.(3)If a
person is registered as an optometrist in December of a year,
theannual licence fee for the following year is
waived.21ExpiryThis by-law
expires on 1 July 2002.
13Optometrists By-law 1996ENDNOTES1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.133Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .134Table of earlier
reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .145List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .146List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .152Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 7 December2001. Future
amendments of the Optometrists By-law 1996 may be made in
accordancewith this reprint under the Reprints Act
1992, section 49.3KeyKey to
abbreviations in list of legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in comorigpparaprecpresExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=presentKeyprev(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASIRSLsubunnumExplanation=previous=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
14Optometrists By-law 19964Table 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.11A1B1C1D1E1F1G1HAmendments includednoneto SL
No. 407 of 1996to SL No. 377 of 1997to SL No. 121 of
1998to SL No. 37 of 1999to SL No. 263 of
1999to SL No. 107 of 2000to SL No. 305 of
2000to SL No. 71 of 2001Reprint
date26 September 19964 March
19976 January 199824 July
19982 April 199915 November
199923 June 200015 December
200029 June 20015List
of legislationOptometrists By-law 1996 SL No. 140made
by the Optometrists Board of Queensland on 3 June 1996notfd
gaz 21 June 1996 pp 1067–8commenced on date of
notificationexp 1 July 2002 (see s 21)as
amended by—Optometrists Amendment By-law (No. 1) 1996
No. 407notfd gaz 20 December 1996 pp 1588–98commenced on date of notificationOptometrists Amendment By-law (No. 1) 1997 SL
No. 377notfd gaz 7 November 1997 pp 967–8commenced on date of notificationOptometrists Amendment By-law (No. 1) 1998 SL
No. 121notfd gaz 15 May 1998 pp 311–16commenced on date of notificationOptometrists Amendment By-law (No. 1) 1999 SL
No. 37notfd gaz 26 March 1999 pp 1450–3commenced on date of notificationOptometrists Amendment By-law (No. 2) 1999 SL
No. 263notfd gaz 5 November 1999 pp 918–21commenced on date of notificationOptometrists Amendment By-law (No. 1) 2000 SL
No. 107notfd gaz 9 June 2000 pp 456–9commenced on date of
notification
