Part of a comprehensive analysis of the Optometrists and Opticians Act 2007
All Parts in This Series
Appointment and Functions of Committees under Section 30
Section 30 of the Optometrists and Opticians Act 2007 empowers the Board to appoint one or more committees tasked with critical functions related to the accreditation and examination processes for optometrists and opticians. The provision states:
"(1) The Board may appoint one or more committees ... to carry out the following functions: (a) to determine the standard and content of qualifying examinations ... (b) to assess and determine the standard and content of courses ... (c) to accredit all courses ... (d) to organise and conduct the examinations; (e) to issue certificates to persons who have passed the examinations." — Section 30, Optometrists and Opticians Act 2007
Verify Section 30 in source document →
This provision exists to ensure that the qualifications and educational standards for optometrists and opticians are rigorously maintained. By delegating these responsibilities to specialized committees, the Board can uphold consistent professional standards, safeguard public health, and ensure that only competent individuals are registered. The committees' role in accrediting courses and conducting examinations is fundamental to maintaining the integrity of the profession.
Appointment and Powers of Inspectors under Section 31
Section 31 authorizes the Board to appoint inspectors to oversee compliance with the Act. The inspectors have investigative powers and are responsible for assessing the quality of optometry and opticianry services. The section provides:
"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 ...; and (c) to assess the quality and appropriateness of the facilities and services provided ..." — Section 31, Optometrists and Opticians Act 2007
Verify Section 31 in source document →
The rationale behind this provision is to empower the Board with enforcement capabilities to uphold professional standards and protect consumers. Inspectors act as the Board’s agents in monitoring compliance, investigating breaches, and ensuring that optometry and opticianry practices meet statutory requirements.
Section 31(4) further imposes penalties for non-compliance with inspectors’ investigations:
"Any person who, without lawful excuse — (a) refuses to answer any question put to the person by an inspector or gives a false answer to the question; (b) refuses or fails to comply with any requirement of the inspector under subsection (2); or (c) wilfully obstructs an inspector ... 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." — Section 31(4), Optometrists and Opticians Act 2007
Verify Section 31 in source document →
This penalty provision exists to deter obstruction and ensure that inspectors can effectively carry out their duties without interference, thereby promoting transparency and accountability within the profession.
Appointment of an Assessor under Section 32
Section 32 permits the Board to appoint an assessor who must be an advocate and solicitor with at least ten years’ standing to advise on legal matters:
"For the purposes of advising the Board ... the Board may appoint an assessor ... who must be an advocate and solicitor of at least 10 years’ standing." — Section 32, Optometrists and Opticians Act 2007
Verify Section 32 in source document →
This provision ensures that the Board has access to expert legal advice, which is essential for interpreting the Act, handling disciplinary matters, and navigating complex legal issues. The requirement for significant legal experience guarantees that the advice is authoritative and reliable, thereby supporting the Board’s decision-making processes.
Protection from Liability under Section 33
Section 33 provides immunity to the Board, its committees, and inspectors acting in good faith under the Act:
"No action shall lie against the Board, any committee or inspector ... for any act or thing done under this Act ... in good faith ..." — Section 33, Optometrists and Opticians Act 2007
Verify Section 33 in source document →
This protection exists to encourage the Board and its agents to perform their statutory functions without fear of personal liability, provided they act honestly and in good faith. It promotes effective enforcement and administration of the Act by safeguarding officials from vexatious litigation.
Procedures for Service of Documents under Section 34
Section 34 outlines the procedures for serving documents required or permitted under the Act. It also provides key definitions relevant to service:
"In this section — 'authorised representative', in relation to a partnership ... means any person authorised to accept service of documents on behalf of the partnership; 'business address' means — (a) in the case of an individual, the individual’s usual or last known place of business in Singapore; or (b) in the case of a partnership ...; 'document' includes an order or a notice permitted or required by or under this Act to be served; 'last email address' means the last email address given by the addressee ...; 'residential address' means an individual’s usual or last known place of residence in Singapore." — Section 34(8), Optometrists and Opticians Act 2007
These definitions and procedures exist to ensure clarity and certainty in the service of legal documents, which is fundamental for due process. By specifying acceptable addresses and authorised representatives, the Act facilitates efficient communication and compliance with statutory requirements.
Ministerial Powers of Exemption and Amendment under Sections 35 and 36
Section 35 grants the Minister the power to exempt any person or class of persons from all or any provisions of the Act:
"The Minister may ... exempt any person or class of persons from all or any of the provisions of this Act." — Section 35, Optometrists and Opticians Act 2007
Verify Section 35 in source document →
This power allows flexibility in the application of the Act, enabling the Minister to respond to exceptional circumstances or policy considerations that warrant exemption. It ensures that the regulatory framework remains adaptable and responsive.
Section 36 empowers the Minister, after consulting the Board, to amend the Schedule by order in the Gazette:
"The Minister may, after consulting the Board, by order in the Gazette, amend the Schedule." — Section 36, Optometrists and Opticians Act 2007
Verify Section 36 in source document →
This provision facilitates the updating of the Schedule, which may contain important lists or classifications relevant to the Act. The requirement for consultation with the Board ensures that amendments are informed by expert input.
Regulatory Powers and Penalties under Section 37
Section 37 authorizes the Minister, subject to the Act’s provisions and after consulting the Board, to make regulations necessary or expedient to give effect to the Act:
"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 ..." — Section 37, Optometrists and Opticians Act 2007
Verify Section 37 in source document →
This provision exists to provide a flexible mechanism for detailed administrative and enforcement rules, which are essential for the effective operation of the Act. It allows the regulatory framework to evolve without requiring frequent legislative amendments.
Section 37(2)(p) prescribes penalties for contravention of regulations made under the Act:
"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;" — Section 37(2)(p), Optometrists and Opticians Act 2007
Verify Section 37 in source document →
This penalty provision underscores the seriousness of compliance with regulations and serves as a deterrent against breaches, thereby reinforcing the regulatory regime.
Absence of Cross-References to Other Acts in Part 5
Notably, Part 5 of the Act does not explicitly cross-reference other statutes. The references within this Part are internal, such as to sections 10, 15, and 20, which pertain to registration and other procedural matters:
"No explicit cross-reference to other Acts is stated in Part 5. The references are internal, e.g., 'in accordance with section 10,' 'for the purpose of registration under section 15,' 'under section 20,' etc." — Sections 30, 31, Optometrists and Opticians Act 2007
Verify source in source document →
This internal referencing maintains coherence within the Act and ensures that the provisions in Part 5 are directly connected to the overall regulatory framework governing optometrists and opticians.
Conclusion
Part 5 of the Optometrists and Opticians Act 2007 establishes a comprehensive framework for the administration, enforcement, and regulation of the optometry and opticianry professions in Singapore. The appointment of committees and inspectors ensures that educational standards and professional conduct are rigorously maintained. The provision for legal advice and protection from liability supports effective governance by the Board. Clear procedures for service of documents and ministerial powers for exemptions, amendments, and regulations provide necessary flexibility and administrative efficiency. Finally, the penalties prescribed for non-compliance reinforce the seriousness of adherence to the Act’s provisions, thereby safeguarding public interest and professional integrity.
Sections Covered in This Analysis
- Section 30 – Appointment of Accreditation and Examinations Committees
- Section 31 – Appointment and Powers of Inspectors; Penalties for Obstruction
- Section 32 – Appointment of Legal Assessor
- Section 33 – Protection from Liability for Board and Agents
- Section 34 – Procedures for Service of Documents and Definitions
- Section 35 – Minister’s Power to Exempt Persons
- Section 36 – Minister’s Power to Amend the Schedule
- Section 37 – Minister’s Power to Make Regulations; Penalties for Contravention
Source Documents
For the authoritative text, consult SSO.