PART 5 | Accreditation and Examinations Committees |
30.—(1) The Board may appoint one or more committees in accordance with section 10, to be known as Accreditation and Examinations Committees, to carry out the following functions:| (a) | to determine the standard and content of qualifying examinations for the purpose of registration under section 15; | | (b) | to assess and determine the standard and content of courses for the purpose of registration under section 15; | | (c) | to accredit all courses for the purpose of registration under section 15 and for continuing professional development; | | (d) | to organise and conduct the examinations; | | (e) | to issue certificates to persons who have passed the examinations. |
| (2) The Board may authorise any institution of higher learning to carry out the functions mentioned in subsection (1)(d) and (e). |
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31.—(1) 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 or matter in respect of which the Board may take action against registered persons under section 20; and | | (c) | to assess the quality and appropriateness of the facilities and services provided and the practices and procedures being carried out in relation to any practice of optometry or opticianry. |
(2) For the purposes of subsection (1) —| (a) | an inspector may —| (i) | require any person to provide any information that is within his or her knowledge that the inspector believes on reasonable grounds to be connected with any suspected contravention of this Act; | | (ii) | require any person to produce any book, document, paper or other record, or other article, which may be related to the subject matter of the investigation for inspection by the inspector and for making copies thereof; and | | (iii) | examine orally any person supposed to be acquainted with the facts and circumstances relevant to the carrying out of the provisions of this Act; and |
| | (b) | an inspector who is duly authorised by the Board in writing may, without warrant, enter, inspect and search any premises which is used or proposed to be used, or in respect of which there is reasonable cause to believe is being used for the carrying out of any practice of optometry or opticianry, and may —| (i) | inspect any apparatus, appliance, equipment or instrument used or found on the premises; | | (ii) | inspect, test, examine, take and remove any chemical, pharmaceutical or any other substance found on the premises; | | (iii) | inspect, test, examine, take and remove any container, article or other thing that the inspector reasonably believes to contain or to have contained any chemical, pharmaceutical or any other substance found on the premises; | | (iv) | inspect any test or procedure performed or carried out on the premises in order to ensure compliance with the provisions of this Act; | | (v) | inspect and make copies of and take extracts from, or require the person having the management or control of the premises to provide copies of or extracts from, any book, document, record or electronic material relating to the affairs of the premises or the facilities or services provided or the practices or procedures being carried out at the premises; | | (vi) | inspect and make copies of and take extracts from, or require any licensee or person having the management or control of the premises to provide copies of or extracts from, the medical record of any person who has been or who is being treated or examined at the premises, even though that person’s prior consent has not been obtained; | | (vii) | take such photographs or video recording as the inspector thinks necessary to record the premises or part of the premises, including any apparatus, appliance, equipment, instrument, article, book, document or record (including a medical record) found on the premises; and | | (viii) | seize and remove from the premises any book, record, document, apparatus, equipment, instrument, material, chemical, pharmaceutical or any other substance which the inspector reasonably believes to be the subject matter of, or to be connected with, an investigation under subsection (1)(a) or (b). |
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(3) A statement made by any person under subsection (2)(a)(i) or (iii) must —| (a) | be reduced to writing and read over to the person; and | | (b) | after correction, be signed by the person. |
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(4) 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 in the exercise of the inspector’s authority under subsection (2), |
| 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. |
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32.—(1) For the purposes of advising the Board and any committee appointed by the Board, the Board may appoint an assessor to the Board who must be an advocate and solicitor of at least 10 years’ standing.| (2) The assessor must not participate or sit in any deliberations of the Board or its committees unless invited to do so, and the assessor’s participation is limited only to questions of law arising from the proceedings. |
| (3) The Board may pay to the assessor such remuneration, to be paid as part of the expenses of the Board, as the Board may determine. |
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| Protection against liability |
| 33. No action shall lie against the Board, any committee or inspector appointed by the Board, or any member or employee of the Board or committee, for any act or thing done under this Act in respect of any matter or thing done in good faith for the purposes of carrying out the provisions of this Act. |
34.—(1) A document that is permitted or required by or under this Act to be served on a person may be served as described in this section.(2) A document permitted or required by or under this Act to be served on an individual may be served —| (a) | by giving it to the individual personally; | | (b) | by sending it by prepaid registered post to the address specified by the individual for the service of documents generally, or specifically for the document, or (if no address is so specified) the individual’s residential address or business address; | | (c) | by leaving it at the individual’s residential address with an adult apparently resident there, or at the individual’s business address with an adult apparently employed there; | | (d) | by affixing a copy of the document in a conspicuous place at the individual’s residential address or business address; or | | (e) | by sending it by email to the individual’s last email address. |
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(3) A document permitted or required by or under this Act to be served on a partnership (other than a limited liability partnership) may be served —| (a) | by giving it to any partner or other similar officer, or an authorised representative, of the partnership; | | (b) | by leaving it at, or by sending it by prepaid registered post to, the partnership’s business address; or | | (c) | by sending it by email to the partnership’s last email address. |
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(4) A document permitted or required by or under this Act to be served on a body corporate (including a limited liability partnership) or an unincorporated association may be served —| (a) | by giving it to the secretary or other similar officer of the body corporate or unincorporated association, or the limited liability partnership’s manager; | | (b) | by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office in Singapore of the body corporate or unincorporated association; or | | (c) | by sending it by email to the last email address of the body corporate or unincorporated association. |
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(5) Service of a document under this section takes effect —| (a) | if the document is sent by prepaid registered post, 2 days after the day the document was posted (even if it is returned undelivered); or | | (b) | if the document is sent by email, at the time that the email becomes capable of being retrieved by the person to whom it is sent. |
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| (6) However, service of any document under this Act on a person by email may be effected only with the person’s prior written consent to service in that way. |
| (7) This section does not apply to documents to be served in proceedings in court. |
(8) In this section —| “authorised representative”, in relation to a partnership (other than a limited liability 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 (other than a limited liability partnership), the partnership’s principal or last known place of business in Singapore; |
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| “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 concerned to the person giving or serving the document as the email address for the service of documents under this Act; |
| “residential address” means an individual’s usual or last known place of residence in Singapore. [Act 19 of 2025 wef 05/12/2025] |
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35.—(1) The Minister may, subject to any conditions that the Minister thinks fit, by order in the Gazette, exempt any person or class of persons from all or any of the provisions of this Act.| (2) Nothing in this Act prohibits a person who is undergoing a course of instruction in the practice of optometry or opticianry, or any aspect thereof, which is accredited by the Board, from engaging in any aspect of the practice of an optometrist or optician as a part of the course of instruction. |
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| 36. The Minister may, after consulting the Board, by order in the Gazette, amend the Schedule. |
37.—(1) 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 and for the due administration of this Act.(2) Without limiting subsection (1), regulations may be made to —| (a) | provide for the Registrar’s duties; | | (b) | regulate the registration of optometrists and opticians; | | (c) | provide for the form of the Register of Optometrists and the Register of Opticians, the particulars to be entered in the Register of Optometrists and the Register of Opticians and the mode in which each Register must be kept; | | (d) | regulate the issue and renewal of practising certificates; | | (e) | regulate the removal and restoration of names in the Register of Optometrists and the Register of Opticians; | | (f) | regulate the procedure of any committee appointed by the Board and the conduct of any proceedings of the committee; | | (g) | provide for the payment of fees to any member or any committee appointed by the Board; | | (h) | provide for the duties and functions of, and payment of remuneration to, the assessor appointed under section 32; | | (i) | regulate the professional practice, ethics, conduct and discipline of registered persons; | | (j) | regulate the use by registered persons of any means of giving publicity, whether by advertisements or otherwise, to their practice as optometrists and opticians; | | (k) | regulate the procedures or methods used in the testing of sight and eyes and the prescription, dispensing, fitting, supply and sale of optical appliances; | | (l) | regulate the quality of optical appliances which may be sold or supplied by registered persons; | | (m) | regulate the use and storage by registered persons of any machinery, equipment or other facility for the testing of sight and eyes and the supply and fitting of optical appliances; | | (n) | prescribe the forms necessary for the administration of this Act; | | (o) | prescribe the manner in which and the time within which an application under this Act is to be made; | | (p) | 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; | | (q) | prescribe the offences that may be compounded; | | (r) | prescribe such other matters as are necessary or authorised to be prescribed under this Act; and | | (s) | provide for such incidental, supplementary or transitional provisions as may be necessary or expedient. |
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