On 25/05/2013,
you requested for the version in force on 25/05/2013
incorporating all amendments published on or before 25/05/2013.
The closest version currently available is that of 31/12/2008.
PART V
MISCELLANEOUS
30.
—(1) The Board may appoint one or more committees in accordance with section 10, to be known as Accreditation and Examinations Committees, to carry out the following functions:
(a)
to determine the standard and content of qualifying examinations for the purpose of registration under section 15;
(b)
to assess and determine the standard and content of courses for the purpose of registration under section 15;
(c)
to accredit all courses for the purpose of registration under section 15 and for continuing professional development;
(d)
to organise and conduct the examinations; and
(e)
to issue certificates to persons who have passed the examinations.
(2) The Board may authorise any institution of higher learning to carry out the functions referred to in subsection (1)(d) and (e).
31.
—(1) The Board may appoint one or more public officers or officers of the Board as inspectors —
(a)
to investigate the commission of an offence under this Act;
(b)
to investigate any complaint or matter in respect of which the Board may take action against registered persons under section 20; and
(c)
to assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out in relation to any practice of optometry or opticianry.
(2) For the purposes of subsection (1) —
(a)
an inspector may —
(i)
require any person to furnish any information that is within his knowledge that the inspector believes on reasonable grounds to be connected with any suspected contravention of this Act;
(ii)
require any person to produce any book, document, paper or other record, or other article, which may be related to the subject-matter of the investigation for inspection by the inspector and for making copies thereof; and
(iii)
examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; and
(b)
an inspector who is duly authorised by the Board in writing may, without warrant, enter, inspect and search any premises which is used or proposed to be used, or in respect of which there is reasonable cause to believe is being used for the carrying out of any practice of optometry or opticianry, and may —
(i)
inspect any apparatus, appliance, equipment or instrument used or found on the premises;
(ii)
inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises;
(iii)
inspect, test, examine, take and remove any container, article or other thing that the inspector reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises;
(iv)
inspect any test or procedure performed or carried out on the premises in order to ensure compliance with the provisions of this Act;
(v)
inspect and make copies of and take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out thereat;
(vi)
inspect and make copies of and take extracts from, or require any licensee or person having the management or control of the premises to provide copies of or extracts from, the medical record of any person who has been or who is being treated or examined at the premises, notwithstanding that the prior consent of such person has not been obtained;
(vii)
take such photographs or video recording as he thinks necessary to record the premises or part thereof, including any apparatus, appliance, equipment, instrument, article, book, document or record (including a medical record) found on the premises; and
(viii)
seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the inspector reasonably believes to be the subject-matter of, or to be connected with, an investigation under subsection (1)(a) or (b).
(3) A statement made by any person under subsection (2)(a)(i) or (iii) —
(a)
shall be reduced to writing and read over to him; and
(b)
shall, after correction, be signed by him.
(4) Any person who, without lawful excuse —
(a)
refuses to answer any question put to him by an inspector or gives a false answer to such question;
(b)
refuses or fails to comply with any requirement of the inspector under subsection (2); or
(c)
wilfully obstructs an inspector in the exercise of his authority under subsection (2),
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
32.
—(1) For the purposes of advising the Board and any committee appointed by the Board, the Board may appoint an assessor to the Board who shall be an advocate and solicitor of not less than 10 years’ standing.
(2) The assessor shall not participate or sit in any deliberations of the Board or its committees unless invited to do so, and his participation shall be limited only to questions of law arising from the proceedings.
(3) The Board may pay to the assessor such remuneration, to be paid as part of the expenses of the Board, as the Board may determine.
33. No action shall lie against the Board, any committee or inspector appointed by the Board, or any member or employee of the Board or committee, for any act or thing done under this Act in respect of any matter or thing done in good faith for the purposes of carrying out the provisions of this Act.
34.
—(1) Any notice, order or document required or authorised by this Act to be served on any person may be served on the person —
(a)
by delivering it to the person or to some adult member or employee of his family or household at his last known place of residence;
(b)
by leaving it at his usual or last known place of residence or place of business in an envelope addressed to the person;
(c)
by sending it by registered post addressed to the person at his usual or last known place of residence or place of business; or
(d)
in the case of an incorporated company, a partnership or a body of persons —
(i)
by delivering it to the secretary or other like officer of the company, partnership or body of persons at its registered office or principal place of business; or
(ii)
by sending it by registered post addressed to the company, partnership or body of persons at its registered office or principal place of business.
(2) Any notice, order or document sent by registered post to any person in accordance with subsection (1) shall be deemed to be duly served on the person at the time when the notice, order or document, as the case may be, would in the ordinary course of post be delivered and, in proving service of the notice, order or document, it shall be sufficient to prove that the envelope containing the same was properly addressed, stamped and posted by registered post.
(3) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises may be served by delivering it or a true copy thereof to some adult person on the premises or, if there is no such person on the premises to whom it can with reasonable diligence be delivered, by affixing the notice, order or document to some conspicuous part of the premises.
(4) Any notice, order or document required or authorised by this Act to be served on the owner or occupier of any premises shall be deemed to be properly addressed if addressed by the description of the owner or occupier of the premises without further name or description.
35.
—(1) The Minister may, in his discretion and subject to such conditions as he thinks fit, by order published in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act.
(2) Nothing in this Act shall prohibit a person who is undergoing a course of instruction in the practice of optometry or opticianry, or any aspect thereof, which is accredited by the Board, from engaging in any aspect of the practice of an optometrist or optician as a part of the course of instruction.
36. The Minister may, after consultation with the Board, by order published in the Gazette, amend the Schedule.
37.
—(1) Subject to the provisions of this Act, the Minister may, after consulting the Board, make such regulations as may be necessary or expedient to give effect to the provisions and purposes of this Act and for the due administration thereof.
(2) Without prejudice to the generality of subsection (1), regulations may be made to —
(a)
provide for the duties of the Registrar;
(b)
regulate the registration of optometrists and opticians;
(c)
provide for the form of the Register of Optometrists and the Register of Opticians, the particulars to be entered therein and the mode in which each Register shall be kept;
(d)
regulate the issue and renewal of practising certificates;
(e)
regulate the removal and restoration of names in the Register of Optometrists and the Register of Opticians;
(f)
regulate the procedure of any committee appointed by the Board and the conduct of any proceedings of the committee;
(g)
provide for payment of fees to any member or any committee appointed by the Board;
(h)
provide for the duties and functions of, and payment of remuneration to, the assessor appointed under section 32;
(i)
regulate the professional practice, ethics, conduct and discipline of registered persons;
(j)
regulate the use by registered persons of any means of giving publicity, whether by advertisements or otherwise, to their practice as optometrists and opticians;
(k)
regulate the procedures or methods used in the testing of sight and eyes and the prescription, dispensing, fitting, supply and sale of optical appliances;
(l)
regulate the quality of optical appliances which may be sold or supplied by registered persons;
(m)
regulate the use and storage by registered persons of any machinery, equipment or other facility for the testing of sight and eyes and the supply and fitting of optical appliances;
(n)
prescribe the forms necessary for the administration of this Act;
(o)
prescribe the manner in which and the time within which an application under this Act is to be made;
(p)
provide that any person who contravenes any regulation made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both;
(q)
prescribe the offences which may be compounded;
(r)
prescribe such other matters as are necessary or authorised to be prescribed under this Act; and
(s)
provide for such incidental, supplementary or transitional provisions as may be necessary or expedient.