Australian Capital Territory
Health Professionals (Special Events Exemptions) Act 2000     No 25
Republication No 3
Effective:  17 January 2003
Republication date: 17 January 2003
Last amendment made by Act 2002 No 49

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Health Professionals (Special Events Exemptions) Act 2000 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 January 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 17 January 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Health Professionals (Special Events Exemptions) Act 2000

Contents
	Page
	1	Name of Act	2
	3	Definitions for Act	2
	4	Notes	4
	5	Declaration of a special event	4
	6	Meaning of visitor	4
	7	Meaning of visiting health professional	5
	8	Provision of health care services by visiting health professionals	5
	9	Conditions on practice by visiting health professionals	6
	10	Issue of prescriptions and supply of certain substances	6
	11	Exemptions relating to offences	7
	12	Complaints about visiting health professionals	8
	13	Regulation-making power	9
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	11
	5	Earlier republications	12

Australian Capital Territory
Health Professionals (Special Events Exemptions) Act 2000

An Act to allow visiting health professionals to provide health services in connection with certain special events without being registered under Territory laws

    

1	Name of Act
This Act is the Health Professionals (Special Events Exemptions) Act 2000.
3	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
Drug Regulation Act means any of the following Acts:
	(a)	the Poisons Act 1933;
	(b)	the Poisons and Drugs Act 1978;
	(c)	the Drugs of Dependence Act 1989.
drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary.
exemption period—see section 5 (2).
health care services means—
	(a)	services ordinarily provided by doctors, nurses, dentists, dental technicians, dental prosthetists, pharmacists, podiatrists, chiropractors, osteopaths, optometrists, physiotherapists or psychologists; or
	(b)	any other service prescribed by the regulations.
Health Registration Act means any of the following Acts:
	(a)	Chiropractors and Osteopaths Act 1983;
	(b)	Dental Technicians and Dental Prosthetists Registration Act 1988;
	(c)	Dentists Act 1931;
	(d)	Medical Practitioners Act 1930;
	(e)	Nurses Act 1988;
	(f)	Optometrists Act 1956;
	(g)	Pharmacy Act 1931;
	(h)	Physiotherapists Act 1977;
	(i)	Podiatrists Act 1994;
	(j)	Psychologists Act 1994.
notification procedure, for a special event—see section 5 (4).
registered includes licensed and enrolled.
restricted substance means—
	(a)	a substance mentioned in the drugs and poisons standard, schedule 4;
	(b)	a restricted substance under the Poisons and Drugs Act 1978; or 
	(c)	a drug of dependence under the Drugs of Dependence Act 1989.
special event—see section 5 (1).
special event declaration means a declaration under section 5 (1).
supply—see the Poisons and Drugs Act 1978.
visiting health professional, for a visitor to a special event—see section 7.
visitor, to a special event—see section 6.
4	Notes
A note included in this Act is explanatory and is not part of this Act.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
5	Declaration of a special event
	(1)	The Minister may, in writing, declare an event to be a special event for this Act if the Minister is satisfied that a significant number of persons from outside Australia will come to the ACT to participate in, or to prepare, train, practice, rehearse or acclimatise for, the event.
	(2)	A declaration must specify, for the special event, the period or periods (the exemption period) when an exemption under this Act will apply.
	(3)	An exemption period may include periods before or after the special event takes place.
	(4)	A declaration must specify a notification procedure for giving notice within the ACT that a person will be a visiting health professional for a visitor to the special event.
	(5)	A declaration is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act 2001.
6	Meaning of visitor
A person is a visitor to a special event if—
	(a)	the person is a resident of another country who is in the ACT for the purpose of officially participating in, or preparing, training, practising, rehearsing or acclimatising for, a special event; or
	(b)	the person is a resident of Australia who—
	(i)	is in the ACT for the purpose mentioned in paragraph (a); and
	(ii)	is a member of a group the majority of which is comprised of persons who are residents of other countries and are in the ACT for the same purpose.
7	Meaning of visiting health professional
A person is a visiting health professional for a visitor, if—
	(a)	the person is a resident of another country; and
	(b)	notice has been given, in accordance with the notification procedure for the relevant special event, that the person will be providing health care services to the visitor, or to a group that includes the visitor; and
	(c)	the person is currently appointed, employed, contracted or otherwise engaged to provide health care services to the visitor.
Note 	A visiting health professional may provide services to other visitors to the event only after giving a further notification in accordance with the notification procedure. 
8	Provision of health care services by visiting health professionals
	(1)	A visiting health professional for a visitor is authorised by this section to provide health care services to the visitor.
	(2)	This section—
	(a)	applies only during the exemption period for the relevant special event; and
	(b)	ceases to apply if the health professional does not comply with conditions imposed under this Act.
	(3)	This section does not authorise a visiting health professional to possess, or supply to a visitor, a prohibited substance for the Drugs of Dependence Act 1989, section 3 (1). 
9	Conditions on practice by visiting health professionals
	(1)	The regulations may impose conditions on the provision of health care services by a visiting health professional.
	(2)	A special event declaration may impose further conditions on the provision of health care services by a visiting health professional.
10	Issue of prescriptions and supply of certain substances
	(1)	A visiting health professional may be authorised under this section to issue a written prescription for a restricted substance.
	(2)	An authorisation under this section does not authorise a visiting health professional to issue a prescription that could not be issued by an appropriate person under a Drug Regulation Act.
	(3)	The Minister may, in a special event declaration—
	(a)	authorise an individual visiting health professional, or a class of visiting health professionals, whom the Minister is satisfied should be regarded as qualified to issue prescriptions, to issue written prescriptions for a restricted substance in the course of providing health care services in accordance with this Act; and
	(b)	authorise a particular supplier or class of suppliers to supply a restricted substance on such a prescription.
	(4)	The Minister may, in a special event declaration, specify requirements for a visiting health professional to be regarded by the Minister as being qualified to issue prescriptions.
	(5)	The Minister must not make a declaration containing an authorisation under this section unless satisfied that adequate arrangements are in place to ensure that the substances concerned will be prescribed for and supplied only to visitors to whom visiting health professionals are authorised to provide health care services under this Act.
	(6)	A special event declaration may impose conditions on any authorisation made under this section.
	(7)	In this section:
supplier, of a substance, means a person who is authorised under a Drug Regulation Act to supply the substance to a doctor.
11	Exemptions relating to offences
	(1)	A visiting health professional does not commit an offence against a Health Registration Act, a Drug Regulation Act or the Skin Penetration Procedures Act 1994, by—
	(a)	providing health care services authorised under this Act; or
	(b)	possessing or supplying any substance in the course of providing such health care services; or
	(c)	prescribing any substance in accordance with this Act; or
	(d)	holding himself or herself out as being able to provide such health care services; or
	(e)	using any name, initials, description, word, symbol, addition or title that he or she ordinarily uses.
	(2)	A visitor does not commit an offence against a Drug Regulation Act by doing any thing, or possessing any substance, as a result of being provided with health care services in accordance with this Act.
	(3)	A person does not commit an offence against a Drug Regulation Act by supplying a restricted substance in accordance with a written prescription issued by a visiting health professional if—
	(a)	the health professional is authorised under this Act to issue the prescription; and
	(b)	the person is authorised under this Act to supply the substance on such a prescription.
	(4)	The regulations may prescribe other offences to which exemptions under this section apply.
Note 	A visiting health professional who provides health care services otherwise than in accordance with this Act loses the exemption.
12	Complaints about visiting health professionals
	(1)	A complaint may not be made about a visiting health professional, and no disciplinary action may be taken against him or her, under the Community and Health Services Complaints Act 1993 or a Health Registration Act in relation to anything done by him or her in—
	(a)	providing health care services authorised under this Act; or
	(b)	possessing or supplying any substance in the course of providing such health care services; or
	(c)	prescribing any substance in accordance with this Act; or
	(d)	holding himself or herself out as being able to provide such health care services; or
	(e)	using any name, initials, description, word, symbol, addition or title that he or she ordinarily uses. 
	(2)	This section does not prevent the bringing of proceedings for an offence against the Community and Health Services Complaints Act 1993 or a Health Registration Act.
	(3)	This section does not apply to a complaint about a person who is registered under a Health Registration Act.
13	Regulation-making power
	(1)	The Executive may make regulations for this Act.
Note	Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.
	(2)	The regulations may prescribe offences for contraventions of the regulations and may prescribe maximum penalties of not more than 10 penalty units for offences against the regulations.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Health Professionals (Special Events Exemptions) Act 2000 No 25
notified 15 June 2000 (Gaz 2000 No 24)
commenced 15 June 2000 (s 2)
as amended by
Legislation (Consequential Amendments) Act 2001 No 44 pt 177
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 177 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Statute Law Amendment Act 2002 (No 2) No 49 pt 3.8
notified LR 20 December 2002 
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 3.8 commenced 17 January 2003 (s 2 (1))
4	Amendment history
Commencement
s 2	om R1 LRA
Definitions for Act
s 3 	def drugs and poisons standard ins 2002 No 49 amdt 3.55
	def restricted substance sub 2002 No 49 amdt 3.56
	def special event notice om 2001 No 44 amdt 1.2032
	def special event declaration ins 2001 No 44 amdt 1.2032
Declaration of a special event
s 5	am 2001 No 44 amdts 1.2033-1.2035
Conditions on practice by visiting health professionals
s 9	am 2001 No 44 amdt 1.2036
Issue of prescriptions and supply of certain substances
s 10	am 2001 No 44 amdt 1.2036
Regulation-making power
s 13	am 2001 No 44 amdt 1.2037, amdt 1.2038
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	24 July 2000	
2	Act 2001 No 44	18 July 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2003