Australian Capital Territory Numbered Acts

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CHIROPRACTORS AND OSTEOPATHS - SECT 33

33. An order having effect under a provision of the Principal Act repealed by this Act is, by this section, converted to an equivalent order under the Principal Act as amended by this Act.

Division 2—Transfer of registration

Transfer of registration

34. (1) On the commencement of this Act, the Board shall review the registration of all registered chiropractors in the Register continued under section 26 of this Act and, if the Board considers that a registered chiropractor would not be entitled to registration as a chiropractor under section 5 of the Principal Act as amended by this Act, the Board shall, by notice in writing served on the registered chiropractor, require him or her to show cause why his or her registration should not be transferred to registration as an osteopath.

(2) Where a registered chiropractor who has been served with a notice under subsection (1) fails to establish, to the satisfaction of the Board, that his or her registration should not be transferred, the Board shall transfer his or her registration unless it considers that there is good reason why the practitioner's registration should not be transferred.

(3) The Board shall give a registered chiropractor on whom a notice has been served under subsection (1) an opportunity to make submissions to the Board on the question of whether his or her registration should be transferred and the Board shall consider any submissions made by the chiropractor.

Review of decision

35. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision by the Board under subsection 34 (2) to transfer the registration of a chiropractor.

(2) Where the Board makes a decision of a kind referred to in subsection (1) it shall, within 28 days after the date of the decision, give notice in writing of the decision to the registered chiropractor.

(3) A notice under subsection (2) shall—

        (a)     include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989 , an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and

        (b)     except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.

(4) The validity of a decision referred to in subsection (1) is not to be taken to be affected by a failure to comply with subsection (3).

Return of certificate of registration

36. (1) A person whose registration as a chiropractor is transferred under subsection 34 (2) shall, within 14 days after receipt of a notice under subsection 35 (2), deliver his or her former certificate of registration as a chiropractor to the Chairperson.

(2) A person who, without reasonable excuse, contravenes subsection (1) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.

Renumbering of provisions

37. (1) The amended Act is further amended as provided by this section.

(2) The sections of the amended Act are renumbered in a single series so that they bear consecutive Arabic numerals.

(3) Any provision of the amended Act that refers to a section of that Act that has been renumbered by subsection (2) is amended by omitting that reference and substituting a reference to the section as so renumbered.

(4) A reference in a provision of a law of the Territory made before the commencement of this section (whether or not that provision has commenced), or in any instrument or document, to a section of the amended Act that has been renumbered by subsection (2) shall (except as regards the operation of the section before it was so renumbered) be construed as a reference to that section as so renumbered.

(5) In this section, “amended Act” means the Principal Act as amended by sections 4 to 25 (inclusive).



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