New South Wales Consolidated Acts

OPTICAL DISPENSERS ACT 1963 - SECT 2

2 Definitions

(1) In this Act, unless the context or subject matter otherwise indicates or requires:
"Board" means the Optical Dispensers Licensing Board constituted under this Act.
"Commission" means the Health Care Complaints Commission constituted under the Health Care Complaints Act 1993 .
"Corporation" means the Health Administration Corporation constituted by the Health Administration Act 1982 .
"Health registration Act" has the same meaning as in the Health Care Complaints Act 1993 .
"Health service" has the same meaning as in the Health Care Complaints Act 1993 .
"Optical appliance" means:

(a) contact lenses, spectacle lenses or any other appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, or

(b) contact lenses other than those referred to in paragraph (a).

"Optical dispenser" means a person licensed under this Act.
"Optical dispensing" means the doing or performing of any act, matter or thing that is within one or more of the following classes of acts, matters or things:

(a) the interpretation and dispensing of prescriptions for optical appliances,

(b) the taking of facial measurements for optical appliances,

(c) the fitting of optical appliances for the purposes of the sale thereof, and

(d) the sale of optical appliances,

but does not include the fitting of contact lenses, nor any sale of optical appliances to any optical dispenser nor any sale of optical appliances preceding their sale to an optical dispenser, nor the doing or performing of any act, matter or thing deemed not to be optical dispensing in pursuance of subsection (2).
"Prohibition order" has the same meaning as in section 25 (5).
"Register" means Register of Optical Dispensers for New South Wales.
"Regulations" means regulations under this Act.
"Sale" includes:

(a) offering or exposing for sale,

(b) keeping or having in possession for sale,

(c) bartering or exchanging,

(d) agreeing to sell,

(e) sending, forwarding or delivering for sale or on sale, and

(f) authorising, directing, causing, permitting or suffering any of those acts, matters or things.

"Secretary" means the secretary of the board holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 .

(2) The regulations may provide that the doing or performing of any act, matter or thing that:

(a) is specified in the regulations, and

(b) would otherwise be within one of the classes of acts, matters or things specified in paragraphs (a), (b), (c) and (d) of the definition of "Optical dispensing" in subsection (1),

shall be deemed not to be optical dispensing for the purposes of this Act.

(3) Notes included in this Act do not form part of this Act.