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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Medical Practitioners
Registration Amendment
Bill 2005
Queensland
Medical Practitioners Registration
Amendment Bill 2005
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 84 (Grounds for cancellation) . . . . . . . . . . . . . . 4
4 Amendment of s 149 (Grounds for cancellation) . . . . . . . . . . . . . 4
5 Amendment of s 150J (Grounds for cancellation) . . . . . . . . . . . . 5
6 Replacement of s 161 (Claims by persons as to registration) . . . 5
161 Claims by persons as to registration and prohibited
conduct by non-registrants . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 246 (Indictable and summary offences) . . . . . . 7
8 Replacement of s 273 (False or misleading information or
documents) ....................................... 7
273 False or misleading information or documents. . . . . . 7
2005
A Bill
for
An Act to amend the Medical Practitioners Registration Act
2001
s1 4 s4
Medical Practitioners Registration Amendment
Bill 2005
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Medical Practitioners 3
Registration Amendment Act 2005. 4
Clause 2 Act amended 5
This Act amends the Medical Practitioners Registration Act 6
2001. 7
Clause 3 Amendment of s 84 (Grounds for cancellation) 8
Section 84(a)-- 9
omit, insert-- 10
`(a) that the registration happened because the board was 11
given, by the registrant or someone else, information or 12
a document that-- 13
(i) was materially false, within the meaning given by 14
section 273(1), at the time it was given; or 15
(ii) became materially false, within the meaning given 16
by section 273(1), after it was given;'. 17
Clause 4 Amendment of s 149 (Grounds for cancellation) 18
Section 149(e)-- 19
omit, insert-- 20
`(e) the registration happened because the board was given, 21
by the registrant or someone else, information or a 22
document that-- 23
(i) was materially false, within the meaning given by 24
section 273(1), at the time it was given; or 25
(ii) became materially false, within the meaning given 26
by section 273(1), after it was given.'. 27
s5 5 s6
Medical Practitioners Registration Amendment
Bill 2005
Clause 5 Amendment of s 150J (Grounds for cancellation) 1
Section 150J(d)-- 2
omit, insert-- 3
`(d) the registration happened because the board was given, 4
by the registrant or someone else, information or a 5
document that-- 6
(i) was materially false, within the meaning given by 7
section 273(1), at the time it was given; or 8
(ii) became materially false, within the meaning given 9
by section 273(1), after it was given.'. 10
Clause 6 Replacement of s 161 (Claims by persons as to 11
registration) 12
Section 161-- 13
omit, insert-- 14
`161 Claims by persons as to registration and prohibited 15
conduct by non-registrants 16
`(1) A person who is not a registrant must not-- 17
(a) claim, or hold himself or herself out, to be registered 18
under this Act; or 19
(b) allow himself or herself to be held out as being 20
registered under this Act; or 21
(c) claim, or hold himself or herself out, to be eligible to be 22
registered under this Act; or 23
(d) allow himself or herself to be held out as being eligible 24
to be registered under this Act. 25
Maximum penalty--1000 penalty units. 26
`(2) A person who is not a registrant must not, by means of any 27
conduct in contravention of subsection (1)-- 28
(a) under colour or pretence of being registered under this 29
Act or of being eligible to be registered under this Act-- 30
(i) obtain any employment; or 31
s6 6 s6
Medical Practitioners Registration Amendment
Bill 2005
(ii) obtain access to a hospital, clinic, medical practice 1
or other place; or 2
(iii) carry out, or purport to carry out, a surgical 3
operation, procedure or treatment; or 4
(iv) conduct, or purport to conduct, a medical 5
consultation with a person or a medical 6
examination of a person; or 7
(v) diagnose, or purport to diagnose, an illness or the 8
absence of an illness; or 9
(vi) prescribe or recommend a drug, vitamin, herb or 10
other medication, substance, treatment, remedy or 11
cure for an illness; or 12
(vii) perform or provide a medical service or purport to 13
perform or provide a medical service; or 14
(viii) sign, or give to a person, a medical document or 15
document that purports to be a medical document; 16
or 17
(ix) conduct, or purport to conduct, an autopsy or post 18
mortem examination or otherwise diagnose or 19
determine, or purport to diagnose or determine, a 20
cause of death or the circumstances relating to a 21
death; or 22
(b) offer, promise or agree to do anything mentioned in 23
paragraph (a); or 24
(c) charge, recover or retain a fee or other consideration for 25
doing or purporting to do, or promising or agreeing to 26
do, anything mentioned in paragraph (a); or 27
(d) claim, recover or retain a fee or other consideration from 28
a health insurance fund or other entity for doing or 29
purporting to do, or promising or agreeing to do, 30
anything mentioned in paragraph (a). 31
Maximum penalty--2000 penalty units or 3 years 32
imprisonment. 33
`(3) In this section-- 34
illness means an actual or supposed physical or mental illness. 35
s7 7 s8
Medical Practitioners Registration Amendment
Bill 2005
medical document means-- 1
(a) a pharmaceutical prescription; or 2
(b) a referral to a medical practitioner; or 3
(c) a birth certificate, death certificate or certificate that life 4
is extinct; or 5
(d) another document that purports to be issued by a 6
medical practitioner or with the authority of a medical 7
practitioner. 8
medical service includes a surgical service, gynaecological or 9
obstetric service, psychiatric service, radiological service, 10
service relating to nuclear medicine or pathology service.'. 11
Clause 7 Amendment of s 246 (Indictable and summary offences) 12
Section 246(1), `section 174'-- 13
omit, insert-- 14
`section 161(2), 174 or 273(3) or (5)'. 15
Clause 8 Replacement of s 273 (False or misleading information or 16
documents) 17
Section 273-- 18
omit, insert-- 19
`273 False or misleading information or documents 20
`(1) For this section-- 21
(a) information is taken to be materially false if-- 22
(i) the information is false or misleading in a material 23
particular; or 24
(ii) regardless of the literal truth of the information, it 25
has a propensity to mislead or deceive the board in 26
a material particular, including through the 27
omission of other material information; and 28
(b) a document is taken to be materially false if-- 29
s8 8 s8
Medical Practitioners Registration Amendment
Bill 2005
(i) the document contains or conveys information that 1
is materially false; or 2
(ii) the document contains or conveys information that, 3
by the time the document is given to the board, has 4
become materially false; or 5
(iii) the document-- 6
(A) is, or purports to be, a copy of an original 7
document; and 8
(B) is not, in a material particular, a true, 9
accurate and complete copy of the original 10
document; or 11
(iv) the document-- 12
(A) is, or purports to be, an extract from or 13
summary of an original document; and 14
(B) fails, in a material particular, to convey a 15
true, accurate and complete representation of 16
the information contained in the original 17
document. 18
`(2) A person must not give the board-- 19
(a) information that is materially false to the knowledge of 20
the person; or 21
(b) a document that is materially false to the knowledge of 22
the person. 23
Maximum penalty--200 penalty units. 24
`(3) A person must not contravene subsection (2) in connection 25
with an application for registration by the person or someone 26
else. 27
Maximum penalty--2000 penalty units or 3 years 28
imprisonment. 29
`(4) A person must convey the relevant facts to the board as soon 30
as reasonably practicable after the person-- 31
(a) being a registrant, becomes aware that information or a 32
document that was given to the board in connection with 33
the person's registration-- 34
s8 9 s8
Medical Practitioners Registration Amendment
Bill 2005
(i) was materially false when it was given to the 1
board; or 2
(ii) has since become materially false; or 3
(b) being a person who previously gave information or a 4
document to the board, becomes aware that the 5
information or document-- 6
(i) was materially false when it was given to the 7
board; or 8
(ii) has since become materially false. 9
Maximum penalty--200 penalty units. 10
`(5) A registrant must not act or practise as a registrant, or 11
continue to do so, if-- 12
(a) the registrant committed a contravention of subsection 13
(2) in connection with the registrant's application for 14
registration; or 15
(b) the registrant was knowingly concerned in, or a party to, 16
a contravention of subsection (2) in connection with the 17
registrant's application for registration; or 18
(c) the registrant has failed to convey the relevant facts to 19
the board after becoming aware that information or a 20
document that was given to the board in connection with 21
the registrant's registration-- 22
(i) was materially false when it was given to the 23
board; or 24
(ii) has since become materially false. 25
Maximum penalty--2000 penalty units or 3 years 26
imprisonment. 27
`(6) To remove any doubt, it is declared that in this section-- 28
material particular, in relation to an application for 29
registration, is not limited to a particular that would have been 30
determinative of the application, but includes any particular 31
that, had it been known to the board at the relevant time, might 32
have influenced the board, a member, the executive officer or 33
a member of the office's staff in-- 34
s8 10 s8
Medical Practitioners Registration Amendment
Bill 2005
(a) granting or refusing the application; or 1
(b) deciding the capacity in which the applicant may be 2
registered, whether as a general registrant, provisional 3
general registrant, specialist registrant, special purpose 4
registrant or non-practising registrant; or 5
(c) imposing a probationary condition or other condition, 6
qualification or restriction on registration granted to the 7
applicant; or 8
(d) fixing the period of the registration granted to the 9
applicant; or 10
(e) making further inquiries or conducting further 11
investigations in connection with the application. 12
registrant means a person registered under part 3, including a 13
general registrant, provisional general registrant, specialist 14
registrant, special purpose registrant and non-practising 15
registrant, whether or not the registration is on probationary 16
conditions or other conditions. 17
registration means-- 18
(a) registration as a registrant; or 19
(b) renewal of registration as a registrant; or 20
(c) restoration of registration as a registrant.'. 21
© State of Queensland 2005
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