This Act may be cited as the Physiotherapy Amendment Act 1953, and shall be read together with and deemed part of the Physiotherapy Act 1949 (hereinafter referred to as the principal Act).

In this Act, unless the context otherwise requires,—

Subject to the provisions of subsection two of this section, no person shall, at any time after one month after the passing of this Act, use any ultrasonic therapy apparatus for the treatment of the human body unless he is the holder of a licence for the time being in force authorizing him to use for that purpose ultrasonic therapy apparatus of the kind to which that apparatus belongs.

A person undergoing a course of training and instruction at a training school approved under Part III of the principal Act may use ultrasonic therapy apparatus for the treatment of the human body without being the holder of a licence, if that apparatus is used under the supervision of a physiotherapist in charge who holds a licence for the time being in force authorizing him to use for that purpose ultrasonic therapy apparatus of the kind to which that apparatus belongs.

Every application for a licence under this Act shall be made to the Registrar in a form to be provided by him for the purpose, and shall be accompanied by such information as the Registrar may require.

The Registrar shall refer every such application to the Board for its decision thereon.

A licence may be granted only to a registered medical practitioner or registered physiotherapist.

A licence may be granted to any applicant who satisfies the Board that his knowledge and qualifications are such that he is a fit and proper person to use for the treatment of the human body by way of physiotherapy ultrasonic therapy apparatus of the kind in respect of which the application is made:

Provided that, where the licence last held by the applicant had been cancelled under this Act or was suspended at the time of his application, the Board may direct the Registrar to refuse the application or to defer the issue of the licence until such date as the Board specifies.

Every applicant for a licence shall submit to the Board such evidence as to his knowledge and qualifications as the Board may require, and the Board may, if it thinks fit, require him to verify his evidence by statutory declaration.

All licences shall be granted or refused by the Registrar acting on the directions of the Board, and subject to the provisions of section twenty-five of the principal Act every decision of the Board or the Registrar under this subsection shall be final.

Except in any case where at the time of the application the licence last held by the applicant was suspended or the applicant was disqualified pursuant to subsection three of section seven of this Act, the Board, before directing the Registrar to refuse any application for a licence, shall notify the applicant of its intention to do so, and shall give him an opportunity of appearing before it or adducing further evidence on the matter.

Every licence shall, unless previously cancelled or suspended under this Act, or unless some earlier expiry date is specified therein, continue in force until the thirty-first day of March next following the date on which it was granted, but may from time to time be renewed pursuant to this Act.

Every licence under this Act shall be granted subject to such conditions (if any) as the Board directs. Any conditions so imposed shall, if the Board so directs, be varied, added to, or revoked by the Registrar.

No licensee shall use any ultrasonic therapy apparatus for the treatment of the human body otherwise than in accordance with the conditions of his licence in respect of that apparatus.

The Registrar shall keep or cause to be kept in such form as he thinks fit a register of licences issued under this Act.

The contents of the register may be evidenced in any proceedings by a certificate under the hand of the Registrar, and every such certificate shall be prima facie evidence of the matters stated therein.

A certificate under the hand of the Registrar that on a date specified in the certificate the name of any person did or did not appear in the register as the holder of a licence under this Act shall, until the contrary is proved, be sufficient evidence of the matters therein specified.

Where the holder of any licence is convicted of an offence against this Act or commits a breach of any of the conditions of his licence or the Board considers it in the public interest to do so, the Board may direct the Registrar to cancel the licence or suspend it for such period as the Board thinks fit, and the Registrar shall cancel or suspend the licence accordingly.

Notwithstanding anything in subsection one of this section, where the Director-General considers it in the public interest to do so, he may immediately suspend any licence pending a decision of the Board as to whether the licence should be cancelled or suspended. In every such case the Director-General shall forthwith report the interim suspension to the Board, which shall determine whether the interim suspension shall be revoked immediately or on a specified date or that the licence be cancelled, and the Registrar shall give effect to the determination of the Board accordingly.

Where under the provisions of this section the Board directs the Registrar to cancel any licence it may declare the licensee to be disqualified from obtaining a further licence for such period as the Board directs, and the licensee shall thereupon be deemed to be disqualified accordingly.

Subject to the provisions of section twenty-five of the principal Act, every decision of the Board or of the Registrar under this section shall be final.

Before directing the Registrar to cancel or suspend any licence or confirming any interim suspension by the Director-General, the Board shall notify the licensee of its intention to do so, and shall give him an opportunity of appearing before it or adducing further evidence on the matter.

On application being made to the Registrar in writing, the Board may direct the Registrar to grant the applicant a renewal of any licence held by the applicant or to refuse to grant a renewal of the licence.

Sections four and five of this Act shall apply to every application for the renewal of a licence as if it were an application for a new licence.

In granting any renewal of a licence the Registrar may endorse the existing licence or he may issue a new licence in lieu thereof, but every such new licence shall show on the face thereof that it is in renewal of a licence.

Every application under this section shall be made not later than the twentieth day of February in any year, or within such further time as may be allowed by the Registrar in any particular case.

The renewal of a licence shall, unless the Board, under subsection four of section four of this Act, directs the Registrar to defer the issue of the renewal licence, take effect from the expiry of the licence in renewal of which it is granted, but any such renewal may be granted in advance to take effect as aforesaid.

Where application for renewal of a licence (not being a licence that is for the time being suspended under this Act) is duly made under this section, the licence shall, where the application is not disposed of before the date of expiry of the licence, continue in force until the application is disposed of.

Subject to the provisions of section twenty-five of the principal Act, every decision of the Board or the Registrar under this section shall be final.

Every holder of a licence under this Act who at any time changes his address as appearing in the register of licences shall, within three months thereafter, send to the Registrar a notice of his new address, and the Registrar shall thereupon correct the entry in the register relating to that licensee accordingly.

There shall be payable in respect of the grant or renewal of licences under this Act such fees as may be prescribed by regulations made under section thirty-one of the principal Act.

Any officer of the Department of Health authorized in writing by the Director-General to act under this section shall, on producing, if so required, his authority, have a right to enter at all reasonable hours—

If a Justice of the Peace is satisfied on oath by a person authorized as aforesaid that—

the Justice may by warrant under his hand authorize that person, or any other person named in the warrant, and any constable to enter and search any premises, if necessary by force.

Every warrant granted under this section shall continue in force until the purpose for which it was granted has been satisfied.

Every person commits an offence against this Act who—

Every person who commits an offence against this Act is liable on summary conviction to a fine not exceeding one hundred pounds, and, where the offence is a continuing one, to a further fine not exceeding five pounds for every day or part of a day during which the offence continues.

All proceedings in respect of offences against this Act shall be heard before a Magistrate alone.

Where any person is convicted of any offence against section three or subsection two of section five or paragraph (c) of subsection one of section twelve of this Act, the Magistrate may, in addition to imposing any penalty under section twelve of this Act, order that the ultrasonic therapy apparatus in respect of which the offence was committed shall be forfeited to Her Majesty, and every such ultrasonic therapy apparatus shall thereupon be deemed to be forfeited to Her Majesty accordingly.

Every ultrasonic therapy apparatus forfeited under the provisions of subsection one of this section shall be sold or otherwise disposed of in such manner as the Minister of Health directs.

From every order made by a Magistrate in accordance with this section there shall be a right of appeal to the Supreme Court, and in every such case the provisions of Division III of the Justices of the Peace Act 1927 shall, as far as they are applicable and with the necessary modifications, apply.

Section eight of the principal Act is hereby amended by adding the following paragraph:

Section twenty-five of the principal Act is hereby amended by inserting in subsection one, after the words “the suspension of his registration”, the words “or to any application for a licence under the Physiotherapy Amendment Act 1953 or the renewal, suspension, or cancellation of any such licence”.

Section three of the principal Act is hereby amended by omitting the words “as the Director-General of Health under the Health Act 1920”, and substituting the words “in the Department of Health as the Inspector of Physiotherapy”.