s 25 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.