122Restriction on prescription of optical appliances

122 Restriction on prescription of optical appliances

122 Restriction on prescription of optical appliances

(1) A person must not prescribe an optical appliance unless—

(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

(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.

Maximum penalty—$60,000 or 3 years imprisonment or both

(2) In this section—

optical appliance means—

(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.

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).

s 122: Am 2019 No 3, sec 15.