Unlawful engagement in optometry or opticianry
25.—(1) A person must not —(a)
carry out any practice of optometry or opticianry; or
(b)
advertise or otherwise hold himself or herself out to be qualified to carry out any practice of optometry or opticianry,
unless he or she is a qualified person in respect of the practice of optometry or opticianry in question, and he or she carries out that practice in accordance with the prescribed conditions.
(2) A person must not employ any person who is not a qualified person in respect of a practice of optometry or opticianry to carry out that practice of optometry or opticianry.
(3) Subsections (1) and (2) are subject to any transitional or saving provisions as may be provided for by Part 6 or by the regulations.
(4) A person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 6 months or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 12 months or to both.
(5) In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that the accused —(a)
did not know that the person employed was not a qualified person in respect of the practice of optometry or opticianry in question; and
(b)
had exercised due diligence to ascertain if the person was a qualified person.
(6) In this section, “qualified person”, in relation to a practice of optometry or opticianry, means a person who is —(a)
registered to carry out; and
(b)
has in force a practising certificate which authorises the person to carry out,
that practice of optometry or opticianry.
Recovery of fees or charges
26. A person is not entitled to demand, claim, accept, receive, retain or sue for or recover any fee or charge in any court for any act done in contravention of section 25.
Fraudulent registration, etc.
27. Any person who —(a)
procures or attempts to procure registration as an optometrist or optician under this Act, a certificate of registration or a practising certificate, by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation, whether in writing or otherwise;
(b)
wilfully makes or causes to be made any false entry in the Register of Optometrists or the Register of Opticians;
(c)
forges or alters a certificate of registration or practising certificate;
(d)
fraudulently or dishonestly uses as genuine a certificate of registration or practising certificate which the person knows or has reason to believe is forged or altered; or
(e)
buys, sells or fraudulently obtains a certificate of registration or practising certificate,
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 2 years or to both.
Jurisdiction of court
28. Despite anything to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has the power to impose the full penalty or punishment in respect of the offence.
Composition of offences
29.—(1) The Board may compound any offence under this Act that is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$2,000.
(2) On payment of the sum of money mentioned in subsection (1), no further proceedings are to be taken against that person in respect of the offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
