Part 5Optometry practice

Part 5—Optometry practice 73—Interpretation medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); 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 under the Health Practitioner Regulation National Law to practise in the optometry profession (other than as a student); 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). 74—Unauthorised dispensing of optical appliances (1) Subject to subsection (2), a person must not sell an optical appliance by retail unless the appliance has been prescribed for the purchaser by an optometrist or orthoptist or a medical practitioner. Maximum penalty: $30 000. (2) Subsection (1) does not apply to the sale of glasses if— (a) the glasses are designed only to alleviate the effects of presbyopia; and (b) the glasses comprise 2 lenses of the same power, being a power of +1 dioptre or more but not exceeding +3 dioptres; and (c) the glasses are manufactured to the prescribed standard; and (d) a prescribed warning is attached to the glasses in the prescribed manner at the time of sale. 75—Dispensing expired prescription (1) A person must not dispense an optical appliance pursuant to an expired prescription. Maximum penalty: $15 000. (2) For the purposes of subsection (1)— (a) a prescription for contact lenses expires— (i) unless subparagraph (ii) expires—18 months after the date on which it is written; (ii) if the person who issues the prescription indicates a shorter period—at the end of that shorter period; (b) a prescription for an optical appliance other than a contact lens expires— (i) unless subparagraph (ii) applies—3 years after the date on which it is written; (ii) if the person who issues the prescription indicates a shorter period—at the end of that shorter period. 76—Failure to give free prescription on request (1) Subject to subsection (2), an optometrist or orthoptist or a medical practitioner who prescribes an optical appliance for a person must give the person a free copy of the prescription on request. (2) In the case of a contact lens, an obligation under subsection (1) does not arise until after the relevant person has finished prescribing and fitting the lens. (3) A person who dispenses an optical appliance for a person on and in accordance with the prescription of an optometrist, orthoptist or medical practitioner must give the person a free copy of the prescription on request. (4) A prescription provided under subsection (1) or (3) must contain all information required to fabricate accurately the relevant optical appliance, as specified by the Optometry Board of Australia from time to time. 77—Authorised officers (1) The Minister may appoint a suitably qualified person to be an authorised officer for the purposes of this Part. (2) An appointment under this section may be made subject to such conditions or limitations as the Minister thinks fit. (3) An authorised officer is subject to direction by the Chief Executive. (4) The Minister may vary or revoke an appointment at any time. (5) An authorised officer may investigate any matter relevant to the operation, administration or enforcement of this Part. (6) For the purposes of an investigation, an authorised officer may— (a) at any reasonable time, enter and inspect premises on which the authorised officer reasonably suspects an offence against this Part has been or is being committed; or (b) with the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required, use reasonable force to break into or open any part of, or anything in or on any premises referred to in paragraph (a); or (c) while on premises entered under paragraph (a) or (b), seize and retain anything found on the premises that the authorised officer reasonably believes may afford evidence relevant to the matters under investigation; or (d) require any person who has possession of documents or records relevant to the matters under investigation to produce those documents or records for inspection, including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process; or (e) inspect any documents or records produced to the authorised officer and retain them for such reasonable period as the authorised officer thinks fit, and make copies of the documents or records; or (f) require any person who is in a position to provide information relevant to the matters under investigation to answer any question put by the authorised officer in relation to those matters; or (g) take photographs, films or video or audio recordings; or (h) if the authorised officer reasonably suspects that an offence against this Part has been or is being committed, require the suspected offender to state his or her full name and address. (7) An authorised officer must not exercise the power conferred by subsection (6)(a) in relation to any residential premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate. (8) A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. (9) The person in charge of premises at the relevant time must give an authorised officer such assistance and provide such facilities as are necessary to enable the powers conferred by this section to be exercised. (10) A person who— (a) hinders or obstructs an authorised officer in the exercise of powers conferred by this section; or (b) uses abusive, threatening or insulting language to an authorised officer; or (c) refuses or fails to comply with a requirement of an authorised officer under this section; or (d) when required by an authorised officer to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or (e) falsely represents, by words or conduct, that he or she is an authorised officer, (11) If a person is required to provide information or to produce a document, record or equipment under this section and the information, document, record or equipment would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide the information or produce the document, record or equipment, but the information, document, record or equipment so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.