Optical Dispensers Act 1963 OPTICAL DISPENSERS REGULATION 2002 - Made under the Optical Dispensers Act 1963 - As at 1 September 2007 - Reg 637 of 2002 TABLE OF PROVISIONS TABLE OF PROVISIONS PART 1 - PRELIMINARY 1. Name of Regulation 2. Commencement 3. Definitions 4. Notes 5. Sale of certain optical appliances excluded from the definition of optical dispensing: section 2 PART 2 - LICENCES 6. Licences: section 22 7. Duplicate licences 8. Display of licences 9. Production of proof of current registration 10. Change of name or address 11. Roll fee: section 23 12. Restoration of name to register: section 23 PART 3 - COMPLAINTS 13. Complaints preferred to Board 14. Optical dispenser to be invited to make representations on complaint 15. Action by Board on complaint 16. Persons may be required to attend and give evidence 17. Miscellaneous powers of Board PART 4 - MISCELLANEOUS 18. Inspection of register: section 21 19. Savings provision SCHEDULE 1 OPTICAL DISPENSERS REGULATION 2002 - REG 1 Name of Regulation 1 Name of Regulation This Regulation is the Optical Dispensers Regulation 2002. OPTICAL DISPENSERS REGULATION 2002 - REG 2 Commencement 2 Commencement This Regulation commences on 1 September 2002. Note: This Regulation replaces the Optical Dispensers Regulation 1997 which is repealed on 1 September 2002 under section 10 (2) of the Subordinate Legislation Act 1989. OPTICAL DISPENSERS REGULATION 2002 - REG 3 Definitions 3 Definitions (1) In this Regulation: "approved" means approved by the Board. "the Act" means the Optical Dispensers Act 1963. (2) In this Regulation, a reference to a numbered form is a reference to a form set out in Schedule 1. OPTICAL DISPENSERS REGULATION 2002 - REG 4 Notes 4 Notes Notes included in this Regulation do not form part of this Regulation. OPTICAL DISPENSERS REGULATION 2002 - REG 5 Sale of certain optical appliances excluded from the definition of optical dispensing: section 2 5 Sale of certain optical appliances excluded from the definition of optical dispensing: section 2 (1) The sale of hand-held magnifiers, or corrective lenses designed for use only in diving masks or swimming goggles, is taken not to be optical dispensing for the purposes of the Act. (2) The sale of ready made spectacles: (a) that are designed to alleviate the effects of presbyopia only, and (b) that comprise 2 lenses of equal power, being a power of plus one dioptre or more but not exceeding plus 3.5 dioptres, is taken not to be optical dispensing for the purposes of the Act. (3) Subclause (2) does not apply to the sale by retail of ready made spectacles unless there is attached to them a notice on which the following warning is printed in black type on a contrasting background: WARNING The lenses in these glasses are not prescription lenses. They are not intended as a substitute for lenses or spectacles specifically prescribed for you. If you are aware of or suspect that you have any defect of sight, you should arrange an examination by an ophthalmologist or optometrist. You should have your eyes regularly checked by an ophthalmologist or optometrist. OPTICAL DISPENSERS REGULATION 2002 - REG 6 Licences: section 22 6 Licences: section 22 (1) For the purposes of section 22 of the Act, the prescribed licence fee is $90. (2) The fee is payable when the application for the licence is lodged but is refundable if the application is refused. OPTICAL DISPENSERS REGULATION 2002 - REG 7 Duplicate licences 7 Duplicate licences The holder of a licence which, in the opinion of the Board, has been lost, stolen, defaced or destroyed is entitled, on payment of a fee of $20, to receive a duplicate licence. OPTICAL DISPENSERS REGULATION 2002 - REG 8 Display of licences 8 Display of licences The person in charge of an optical dispensing practice at any premises for a period in excess of 30 days must display the person’s licence in a prominent position in the premises. Note: A contravention of this subclause constitutes an offence under section 32 of the Act and is punishable by a penalty not exceeding the maximum amount specified in that section for a breach of the regulations. OPTICAL DISPENSERS REGULATION 2002 - REG 9 Production of proof of current registration 9 Production of proof of current registration (1) A person who carries out optical dispensing for fee or reward must, when requested by an authorised person to do so, produce to the authorised person proof of current registration as an optical dispenser or of current approval to practise under section 22B of the Act. Note: A contravention of this subclause constitutes an offence under section 32 of the Act and is punishable by a penalty not exceeding the maximum amount specified in that section for a breach of the regulations. (2) In this clause, "authorised person" means a person authorised for the time being by the Board for the purposes of this clause. OPTICAL DISPENSERS REGULATION 2002 - REG 10 Change of name or address 10 Change of name or address (1) An optical dispenser must notify the Board of any change in his or her name or address within one month after the change. Note: A contravention of this subclause constitutes an offence under section 32 of the Act and is punishable by a penalty not exceeding the maximum amount specified in that section for a breach of the regulations. (2) An optical dispenser who has changed his or her name is entitled, on surrendering his or her current licence, to have the new name entered in the register and a replacement licence issued in that name. (3) For the purposes of this clause, a reference to a change of name by a person is a reference to a change in the name under which the person carries out optical dispensing. OPTICAL DISPENSERS REGULATION 2002 - REG 11 Roll fee: section 23 11 Roll fee: section 23 For the purposes of section 23 (1) of the Act, the prescribed roll fee is $70. OPTICAL DISPENSERS REGULATION 2002 - REG 12 Restoration of name to register: section 23 12 Restoration of name to register: section 23 (1) For the purposes of section 23 (3) of the Act: (a) the prescribed fee is $90, and (b) the prescribed form is Form 1. (2) The Board may waive so much of the prescribed fee as it considers proper in the circumstances. OPTICAL DISPENSERS REGULATION 2002 - REG 13 Complaints preferred to Board 13 Complaints preferred to Board A complaint concerning the misconduct of an optical dispenser, in his or her practice as an optical dispenser, may be preferred to the Board by means of a statement of the alleged misconduct lodged with the Secretary. OPTICAL DISPENSERS REGULATION 2002 - REG 14 Optical dispenser to be invited to make representations on complaint 14 Optical dispenser to be invited to make representations on complaint (1) As soon as practicable after receipt of the complaint, the Secretary is to invite the optical dispenser, in a notice accompanied by a copy of the complaint, to make representations in response to the complaint within such time as is specified in the notice. (2) The Secretary is to forward the complaint, and any representations made, to the Board for consideration at its next ordinary meeting. OPTICAL DISPENSERS REGULATION 2002 - REG 15 Action by Board on complaint 15 Action by Board on complaint (1) The Board, after considering the complaint and any representations by the optical dispenser, may dismiss the complaint or set down a special meeting of the Board to conduct an inquiry into the complaint. (2) If the optical dispenser does not appear at the inquiry, either personally or by his or her legal representative, the Board may deal with the complaint in his or her absence. (3) The Secretary is to give at least 14 days notice in writing of the place, date and time of the inquiry: (a) to the optical dispenser, and (b) to the complainant, and (c) to the Board members. (4) The notice to the optical dispenser must state that the complaint may be dealt with in the optical dispenser’s absence if he or she does not appear at the inquiry. (5) The notice to the complainant must be accompanied by a copy of any representations made by the optical dispenser. (6) The notice to the Board members must be accompanied by copies of both the complaint and any representations made by the optical dispenser. (7) Each notice may be served personally or by post. OPTICAL DISPENSERS REGULATION 2002 - REG 16 Persons may be required to attend and give evidence 16 Persons may be required to attend and give evidence (1) The Secretary may, by notice in writing served personally or by post, require a person to appear before the Board at the inquiry for the purpose of giving evidence relevant to the inquiry. (2) The notice must specify the place, date and time for the person’s attendance, the date to be no sooner than 7 days after the date on which the notice is served on the person. (3) Any member of the Board may require a person appearing before the Board at an inquiry to answer a question that is reasonably related to the purpose of the inquiry. (4) A person must not: (a) without reasonable cause, fail to comply with a requirement under this clause to appear before the Board or answer a member’s question, or (b) make a statement to a member that is false or misleading in a material particular when appearing before the Board. Note: A contravention of this subclause constitutes an offence under section 32 of the Act and is punishable by a penalty not exceeding the maximum amount specified in that section for a breach of the regulations. OPTICAL DISPENSERS REGULATION 2002 - REG 17 Miscellaneous powers of Board 17 Miscellaneous powers of Board The Board may adjourn an inquiry at any time it thinks fit and may deal with more than one complaint against the one optical dispenser at the one inquiry. OPTICAL DISPENSERS REGULATION 2002 - REG 18 Inspection of register: section 21 18 Inspection of register: section 21 For the purposes of section 21 (3) of the Act, the prescribed fee to inspect the register is $10. OPTICAL DISPENSERS REGULATION 2002 - REG 19 Savings provision 19 Savings provision Any act, matter or thing that, immediately before the repeal of the Optical Dispensers Regulation 1997, had effect under that Regulation continues to have effect under this Regulation. OPTICAL DISPENSERS REGULATION 2002 - SCHEDULE 1 SCHEDULE 1 – Forms (Clause 3) Form 1 - Application for restoration to register (Clause 12) Application for restoration to register (Optical Dispensers Act 1963, section 23) I,, apply for my name to be restored to the Register of Optical Dispensers of New South Wales on the following grounds: I also apply for a waiver of the fee paid in relation to this application on the following grounds: Signed: Address: Date: OPTICAL DISPENSERS REGULATION 2002 - NOTES Note: The Regulation was repealed by sec 10 (2) of the Subordinate Legislation Act 1989 No 146 with effect from 1.9.2007. OPTICAL DISPENSERS REGULATION 2002 - NOTES Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Optical Dispensers Act 1963. Minister for Health OPTICAL DISPENSERS REGULATION 2002 - NOTES Explanatory note The object of this Regulation is to repeal and remake, with minor changes, the provisions of the Optical Dispensers Regulation 1997. The new Regulation deals with the following matters: (a) administrative matters (such as fees and forms) relating to licences for optical dispensers (Part 2), (b) procedures for dealing with complaints against optical dispensers (Part 3), (c) other matters of a minor, consequential or ancillary nature (Parts 1 and 4). This Regulation is made under the Optical Dispensers Act 1963, including section 35 (the general regulation making power) and sections 2, 21, 22 and 23. This Regulation is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989. OPTICAL DISPENSERS REGULATION 2002 - NOTES Historical notes The following abbreviations are used in the Historical notes: ______________________________________________________________ |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| |______________________________________________________________| Table of amending instrumentsOptical Dispensers Regulation 2002 published in Gazette No 135 of 30.8.2002, p 7323.