sec.122Restriction on prescription of optical appliances

### sec.122 Restriction on prescription of optical appliances A person must not prescribe an optical appliance unless— the person is an optometrist or medical practitioner; or the appliance is spectacles and the person is an orthoptist who— prescribes the spectacles in the course of carrying out duties at a public health facility; or prescribes the spectacles under the supervision of an optometrist or medical practitioner; or prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally. Maximum penalty—$60,000 or 3 years imprisonment or both. In this section— optical appliance means— any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight. optometrist means a person registered in the optometry profession. orthoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678). sch s 122 amd 2019 No. 3 s 15 (sec.122-ssec.1) A person must not prescribe an optical appliance unless— the person is an optometrist or medical practitioner; or the appliance is spectacles and the person is an orthoptist who— prescribes the spectacles in the course of carrying out duties at a public health facility; or prescribes the spectacles under the supervision of an optometrist or medical practitioner; or prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally. Maximum penalty—$60,000 or 3 years imprisonment or both. (sec.122-ssec.2) In this section— optical appliance means— any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight. optometrist means a person registered in the optometry profession. orthoptist means a person whose name is recorded in the Register of Orthoptists kept by the Australian Orthoptists Registration Body Pty Ltd (ACN 095 11 7 678). - (a) the person is an optometrist or medical practitioner; or - (b) the appliance is spectacles and the person is an orthoptist who— (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or - (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or - (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or - (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or - (c) the person is a person, or a member of a class of persons, prescribed under a regulation as being authorised to prescribe an optical appliance of that type or to prescribe optical appliances generally. - (i) prescribes the spectacles in the course of carrying out duties at a public health facility; or - (ii) prescribes the spectacles under the supervision of an optometrist or medical practitioner; or - (iii) prescribes the spectacles, on the written referral of an optometrist or medical practitioner, to a person who has had, within the 12 months before the referral, an ocular health examination conducted by an optometrist or medical practitioner; or - (a) any appliance designed to correct, remedy or relieve any refractive abnormality or defect of sight, including, for example, spectacle lenses; or - (b) contact lenses, whether or not designed to correct, remedy or relieve any refractive abnormality or defect of sight.