Physiotherapists' Registration Act 1951
An Act to make provision for the registration of physiotherapists; for the constitution of a Physiotherapists' Registration Board; and for matters incidental thereto
[Royal Assent 18 December 1951]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - [Part I Heading inserted by No. 74 of 1985, s. 4 ]Preliminary
1. Short title and commencement
(1) This Act may be cited as the Physiotherapists' Registration Act 1951 .(2) This Act shall commence on a date to be fixed by proclamation.
[Section 2 Amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 2 Amended by No. 74 of 1985, s. 5 ]In this Act, unless the contrary intention appears –approved physiotherapy services company means a physiotherapy services company that holds an approval granted and in force under Part V ;Association means the body of persons known as the Australian Physiotherapy Association (being the body of persons formerly known as the Australian Massage Association);Board means the Physiotherapists' Registration Board constituted under this Act;executive officer, in relation to a physiotherapy services company, has the meaning assigned to that expression in the Companies (Tasmania) Code ;list means the list of physiotherapy services companies required to be kept under section 18F ;officer, in relation to a physiotherapy services company, means any director, secretary, or executive officer of the company;physiotherapy means the external application to the human body, for the purpose of curing or alleviating any abnormal condition thereof, of manipulation, electricity, heat, light, or any proclaimed treatment, but does not include the application of any medical or surgical appliance, except so far as the application of that appliance is necessary in the use, for the said purpose, of manipulation, electricity, heat, light, or any proclaimed treatment;physiotherapy services company means a body corporate the sole object of which is the provision of physiotherapy services;proclaimed treatment means any treatment or method of practising physiotherapy declared by the Governor, by proclamation, to be a proclaimed treatment for the purposes of this Act;register means the register of physiotherapists under this Act;Registrar means the Registrar of the Board;the regulations means regulations made and in force under this Act.
PART II - [Part II Heading inserted by No. 74 of 1985, s. 6 ]The Physiotherapists' Registration Board
3. Physiotherapists' Registration Board
[Section 3 Amended by No. 10 of 1982, s. 95 and Sched. 8 Pts. I and II ](1) For the purposes of this Act there shall be a Board, to be known as the Physiotherapists' Registration Board, constituted as provided by this section.(2) The Board shall consist of 5 members appointed by the Governor, one of whom shall be appointed as the President of the Board.(3) [Section 3 Subsection (3) amended by No. 74 of 1985, s. 7 ]Of the members of the Board –(a) one shall be a duly qualified medical practitioner nominated by the Australian Medical Association;(b) three shall be persons (not being duly qualified medical practitioners) actively engaged in this State in the practice or teaching of physiotherapy and nominated by the Tasmanian Branch of the Association; and(c) one shall be a person nominated by the Minister.(4) If any nomination required by this section is not made within 6 weeks after notice, in writing, to nominate a person for appointment to the Board is given by the Minister to the body of persons entitled to make the nomination the Governor may, without any nomination, appoint as and to be a member of the Board any person possessing the necessary qualifications.(5) [Section 3 Subsection (5) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .(6) Subject to this Act the members of the Board shall hold office for the term of 3 years.(7) Where any member has completed 2 successive terms of office he shall not be eligible for reappointment until the expiration of 3 years after the date on which he completed the second of those terms of office.
(1) The Board shall be a body corporate, having perpetual succession and a common seal, and may sue and be sued in its corporate name and do and suffer all such acts and things as bodies corporate may by law do and suffer.(2) [Section 4 Subsection (2) amended by No. 74 of 1985, s. 22 and Sched. 1 ]The seal of the Board shall not be affixed to any document except by resolution of the Board, and every sealing shall be authenticated by the signatures of any 2 members of the Board and the Registrar.
5. Remuneration of members of Board
Each member of the Board shall be entitled to be paid such fees (if any), and such travelling and out-of-pocket expenses, as the Governor may approve.
(1) The office of a member of the Board shall become vacant –(a) upon –(i) the expiration of his term of office; or(ii) his attaining the age of 65 years; or(b) if he –(i) dies;(ii) resigns his office by writing under his hand addressed to the Minister;(iii) becomes of unsound mind;(iv) is absent, without the leave of the Board, from 3 consecutive meetings of the Board;(v) being a member appointed under section 3 (3) (b) , has his registration under this Act suspended or his name, for any reason, removed from the register;(vi) becomes bankrupt or applies to take or takes the benefit of any law relating to bankrupt or insolvent debtors;(vii) is convicted of any crime, or, upon being convicted of any offence which is not a crime, is sentenced to any term of imprisonment without the option of a fine; or(viii) is removed from office by the Governor for incapacity or misconduct.(2) Where any vacancy occurs in the office of any member of the Board, otherwise than by reason of the effluxion of time, the Governor may appoint a person to fill the vacancy, and the person so appointed shall, subject to this Act, hold office for the remainder of the term of office of the member in whose place he is appointed.
(1) The first meeting of the Board shall be held at such time and place as the Minister directs, and thereafter the Board shall meet as and when the Board determines.(2) The President, when present, shall preside at all meetings of the Board.(3) In the absence of the President from any meeting of the Board, another member, chosen for the purpose by the majority of members present at that meeting, shall preside.(4) The President, or as the case may be, the other member presiding at any meeting of the Board, shall have a deliberative vote.(5) Any question arising at any meeting of the Board shall be determined by a majority of the votes of the members present and voting on that question and, in the event of an equality of voting on any question, the President, or, as the case may be, the other member presiding at the meeting, shall have a second or casting vote.(6) Any 3 members shall constitute a quorum for the transaction of the business of any meeting of the Board, and the Board may function, notwithstanding any vacancy in its membership, so long as a quorum remains.(7) Subject to this section, the Board may regulate its own procedure.
[Section 8 Amended by No. 74 of 1985, s. 8 ](1) [Section 8 Subsection (1) amended by No. 74 of 1985, s. 8 ]The Board may, with the approval of the Minister, appoint a person as the Registrar of the Board and such other officers as the Board may consider necessary for the administration of this Act, and may pay to the Registrar and other officers such remuneration as the Board may, with the approval of the Minister, determine.(2) [Section 8 Subsection (2) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Board may, with the approval of the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint an employee employed in that Agency to be Registrar of the Board, and that employee may hold office as Registrar of the Board in conjunction with his position in the State Service.(3) [Section 8 Subsection (3) substituted by No. 29 of 1984, s. 3 and Sched. 1 ]The Board may make arrangements with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for such employees employed in that Agency as may be considered necessary to be made available, and such employees may, in conjunction with their positions in the State Service, serve the Board in any capacity.(4) [Section 8 Subsection (4) added by No. 29 of 1984, s. 3 and Sched. 1 ]The Board shall pay to the Public Account such sum as may be determined by the Treasurer for the service of an employee, within the meaning of the Tasmanian State Service Act 1984 , appointed under subsection (2) or made available under subsection (3) , and the Treasurer may reimburse that sum to the Agency in which the employee is employed.
PART III - [Part III Heading inserted by No. 74 of 1985, s. 9 ]Registration of Physiotherapists
[Section 9 Subsection (2) amended by No. 74 of 1985, s. 10 ][Section 9 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) After the expiration of 3 months after the commencement of this Act, no person who is not registered under this Act shall –(a) carry on the practice of physiotherapy at any place in this State, or take or use the name or title of physiotherapist;(b) take or use any name, initials, word, title, addition, symbol, or description which, having regard to the circumstances in which it is taken or used, indicates, or is capable of being understood to indicate, or is calculated to lead persons to infer, that he is registered under this Act; or(c) except in such cases, and upon and subject to such conditions, if any, as are prescribed by or under this Act, administer to any person any physiotherapeutic treatment (whether or not the administration of that treatment, in the circumstances of any particular case, constitutes the carrying on of the practice of physiotherapy).(1A) [Section 9 Subsection (1A) inserted by No. 74 of 1985, s. 10 ] Subsection (1) does not prevent an approved physiotherapy services company from demanding or claiming a fee or reward for physiotherapy services rendered in its name or on its behalf by or on the authority of a person registered under this Act.(2) [Section 9 Subsection (2) amended by No. 55 of 1965, s. 5 ]Any person who contravenes any of the provisions of this section shall be liable to a fine of 5 penalty units, together with a daily fine of 0·1 penalty unit, in the case of a continuing offence.
10. Qualifications for registration
[Section 10 Subsection (1) amended by No. 46 of 1991, s. 4 and Sched. 2 ](1) [Section 10 Subsection (1) amended by No. 21 of 1973, s. 5 and Sched. 1 ]Any person who proves to the satisfaction of the Board that he is of good character shall be entitled, after applying to the Board in that behalf, to be registered under this Act if –(a) he has completed the prescribed course of training and passed the prescribed examination, or, in the case of a blind person, he has completed the prescribed special course of training and passed the prescribed special examination;(b) at the date of the commencement of this Act, he has completed the course of training conducted by, and received the Diploma of, the Association;(c) prior to the date of the commencement of this Act, he had entered upon the course of training conducted by the Association and subsequent to such commencement received the Diploma of the Association;(d) he is the holder of a recognized certificate and has passed such examination as the Board may, in any particular case, require; or(e) he establishes to the satisfaction of the Board that, prior to the commencement of this Act, he has been engaged in good faith in the practice of physiotherapy in this State, for at least 2 years during the period of 3 years immediately preceding such commencement.(2) In this sectionrecognized certificate means any certificate, diploma, membership, degree, licence, letters, testimonial, or other title, status, or document granted by any association or institution in the United Kingdom or in any country, whether a British possession or not, other than this State, which is declared by the Board, by resolution, to be recognized by it as furnishing sufficient guarantee of the possession of the requisite knowledge and skill for the efficient practice of physiotherapy.(3) An application for registration under this Act shall be in writing in the prescribed form and shall be accompanied by the prescribed fee.(4) [Section 10 Subsection (4) amended by No. 74 of 1985, s. 22 and Sched. 1 ]If any application under this section is refused by the Board, the Registrar shall, forthwith after the refusal thereof, notify the applicant, in writing, of the refusal of the application and of the reasons therefor.
[Section 10A Inserted by No. 19 of 1968, s. 2 ](1) Where on the consideration of an application for registration under this Act, the Board is of opinion that it would grant that registration if satisfactory evidence were produced to it with respect to any matter (in this section referred to as "the relevant evidence") and that that evidence is likely to be so produced within the next ensuing period of 3 months it may grant that registration provisionally.(2) A registration granted provisionally ceases to have effect, unless it is sooner cancelled, at the expiration of a period of 3 months after the date on which it is granted.(3) If, while a registration granted provisionally remains in force, the relevant evidence is produced to the Board it shall confirm that registration, and if, during the period during which that registration remains in force the Board is satisfied that that evidence cannot be so produced or that other grounds exist on which the registration should be refused, it may cancel that registration.(4) Subject to this Act –(a) a registration granted provisionally has the like effect as a similar registration granted otherwise than provisionally;(b) the confirmation of a registration granted provisionally has the like effect as the grant of that registration on the date on which it was granted provisionally; and(c) the ceasing to have effect of a registration granted provisionally, whether by reason of its cancellation or of the effluxion of time, has the like effect as a refusal to grant that registration.
(1) [Section 11 Subsection (1) amended by No. 74 of 1985, s. 22 and Sched. 1 ]Every person registered under this Act shall, on or before 31st January in each year, pay to the Registrar an annual fee of such amount as may be prescribed.(2) If any person registered under this Act fails to pay the annual fee mentioned in subsection (1) on or before 31st January in any year, the Board shall forthwith notify him by registered letter, addressed to him at his address as shown in the register, that if the fee is not paid before 1st April next following, his name will be removed from the register, and if any person who has been so notified fails to pay the fee before 1st April in that year the Board shall remove his name from the register.(3) Where the name of any person is removed from the register pursuant to this section, the Board shall, upon application in the prescribed form, restore that person's name to the register upon the payment by him of such fee as is prescribed in that behalf.(4) [Section 11 Subsection (4) amended by No. 74 of 1985, s. 22 and Sched. 1 ]Every person required by this section to pay to the Registrar an annual fee shall, at the time of paying every such fee, furnish to the Registrar, for entry in the register, particulars of that person's address.(5) Where the name of any person has been removed from the register pursuant to this section that person shall, until his name has been restored thereto, be deemed to be a person not registered under this Act.
12. Register of Physiotherapists
(1) The Board shall keep a register, to be called the "Register of Physiotherapists".(2) A person shall be registered by the entering in the register of –(a) his full name and address;(b) the date upon which he is registered; and(c) particulars of the qualification or qualifications in respect of which his registration is granted.(3) In addition to the matters specified in subsection (2) , there may, subject to the payment of any fee which may be prescribed in relation thereto, be entered in the register in respect of any person registered under this Act –(a) particulars of such additional qualifications possessed by that person as the Board may direct to be so entered;(b) particulars of any certificate, diploma, membership, degree, licence, letters, testimonial, or other title, status, document, or description which that person is authorized by the Board to use in relation to himself as a physiotherapist or in the practice of his calling as a physiotherapist; and(c) such other particulars and matters as are directed by the Board, or are authorized or required by or under this Act, to be so entered.(4) The register shall, at all reasonable times, be open to inspection at the office of the Board by any person on payment of the prescribed fee.(5) [Section 12 Subsection (5) amended by No. 74 of 1985, s. 11 & 22 and Sched. 1 ]The Registrar shall, in the month of January in each year, transmit a certified copy of the register to the Minister.(6) The register shall be revised and corrected as prescribed or as the Board may direct.
13. Removal of names of deceased physiotherapists, &c.
The Board shall cause to be removed from the register the name of –(a) every deceased physiotherapist;(b) every physiotherapist who has ceased to possess, or who, in the opinion of the Board, does not possess, the qualifications in respect of which he was registered;(c) every physiotherapist who has become of unsound mind; and(d) any person who has not been resident in this State for 3 years and who has not paid the annual fee payable under section 11 in respect of the year then current.
PART IV - [Part IV Heading inserted by No. 74 of 1985, s. 12 ]Discipline
14. Removal of name on account of misconduct, &c.
[Section 14 Subsection (5) amended by No. 74 of 1985, s. 13 ](1) Where a person registered under this Act –the Board may remove his name from the register or may suspend his registration for such period as the Board may think fit.(a) has been convicted, either in this State or elsewhere, of any offence which, if committed in this State, would have been a crime;(b) has been guilty of habitual drunkenness or of addiction to any deleterious drug; or(c) has been adjudged by the Board, after an inquiry, to have been guilty of misconduct in a professional respect –(1A) [Section 14 Subsection (1A) inserted by No. 74 of 1985, s. 13 ]Without prejudice to the generality of the expression "misconduct in a professional respect", the authorization or performance of a physiotherapy service by a person registered under this Act on behalf of a company that is not –amounts to misconduct in a professional respect.(a) an approved physiotherapy services company; or(b) a body corporate that provides free physiotherapy services for its employees and does not provide physiotherapy services for any other person –(2) Notwithstanding the provisions of subsection (1) , where a person has been convicted of any offence, his name shall not be removed from the register and his registration shall not be suspended on account thereof if the offence does not, either from its trivial nature or from the circumstances under which it was committed, render that person unfit, in the public interest, to engage in the practice of physiotherapy.(3) In the case of a charge of misconduct in a professional respect, the Board shall inquire fully into the charge and, for the purposes of any such inquiry, shall sit as in open court, and the person charged shall be afforded an opportunity of defence, either in person or by a legal practitioner.(4) [Section 14 Subsection (4) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]Except as provided by this section, section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to an inquiry under this section as if –(a) the Board were a Commission established under section 4 of that Act ; and(b) the inquiry were the inquiry being conducted by that Commission under that Act.(4A) [Section 14 Subsection (4A) inserted by No. 71 of 1995, s. 3 and Sched. 1 ]A person called as a witness in an inquiry under this section is not to be compelled to answer a question incriminating or tending to incriminate that person.(5) [Section 14 Subsection (5) amended by No. 55 of 1965, s. 5 ]Every person, other than a police officer, who makes a complaint to the Board alleging misconduct in a professional respect against any person, shall deposit with the Board the sum of $50 at the time of lodging his complaint.(6) [Section 14 Subsection (6) amended by No. 36 of 1958, s. 4 and Sched. 3 ]If, after considering any such complaint, the Board is of opinion that the complaint is vexatious or frivolous in its nature, it shall so declare, and thereupon the sum deposited with the Board pursuant to subsection (5) shall be forfeited to the Board; but in the absence of such a declaration the sum so deposited shall be refunded to the complainant.(7) [Section 14 Subsection (7) amended by No. 74 of 1985, s. 22 and Sched. 1 ]Where the name of any person is removed from the register, or the registration of any person is suspended, under the provisions of this section, the Registrar shall enter in the register a memorandum of that fact and of the date and cause thereof; and shall forthwith after entering that memorandum in the register, notify that person, in writing, of the removal of his name from the register or, as the case may be, the suspension of his registration.
14A. Disciplinary powers of Board in respect of approved physiotherapy services company
[Section 14A Inserted by No. 74 of 1985, s. 14 ](1) [Section 14A Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where, on the hearing of a charge under section 14 (1) (c) , the Board finds that a person registered under this Act who is a member or officer of an approved physiotherapy services company is guilty of misconduct in a professional respect, the Board may –(a) order the company to pay a fine of such amount, not exceeding 50 penalty units, as it thinks proper or order it to pay such a fine and require it to give to the Board an undertaking under this section;(b) require the company to give to the Board an undertaking under this section; or(c) cancel any approval held by the company under Part V and remove its name from the list.(2) An undertaking given to the Board under this section is an undertaking –(a) to comply, during such period as the Board specifies, with such conditions as it may specify; and(b) that a person concerned in the management of the relevant approved physiotherapy services company will, at any time within that period, appear before the Board when required by it to do so.(3) A condition referred to in subsection (2) may, without limiting the generality of that subsection, be a condition that the Board considers it necessary or desirable to impose, in the public interest, on the relevant physiotherapy services company.(4) Where the Board is satisfied that an approved physiotherapy services company has failed to comply with an undertaking given by it under this section, the Board may –(a) exercise in relation to that company any of the powers under this section which it could have exercised if it had not required the company to enter into the undertaking; or(b) require the terms of the undertaking to be varied.(5) Where the Board requires an approved physiotherapy services company to enter into an undertaking under this section, or requires the term of such an undertaking to be varied, and, within such time as the Board may allow, that undertaking is not given or so varied, the Board may exercise, in relation to the company, any of the powers under this section it could have exercised if it had not required the undertaking to be entered into or varied.(6) Where the Board exercises any of its powers under this section in respect of an approved physiotherapy services company, the Board may, by action in a court of competent jurisdiction, recover from the company, as a debt due to the Board, any legal and other costs and any out-of-pocket expenses incurred by it in the exercise of the power.
14B. Procedure on hearings under section 14A
[Section 14B Inserted by No. 74 of 1985, s. 14 ](1) Where the Board proceeds to determine whether it should exercise any of the powers conferred on it by section 14A in respect of an approved physiotherapy services company, the following provisions apply:(a) the Board shall, by notice served on the company, require the company to appear before the Board;(b) that notice shall state that the Board intends so to proceed and specify the matter in relation to which it so intends to proceed;(c) the company may appear before the Board by a member or an officer of the company authorized for that purpose by the company.(2) A notice under subsection (1) (a) requiring an approved physiotherapy services company to appear before the Board shall be served at least 7 days before the day on which the company is required by the notice so to appear.(3) If –the Board may proceed as if the person appearing on behalf of the company were present.(a) when served with a notice under subsection (1) (a) , an approved physiotherapy services company fails to appear in accordance with the notice by a person to whom subsection (1) (c) applies; or(b) having so appeared, the person appearing on behalf of the company absents himself from the hearing of the matter to which the notice relates –(4) [Section 14B Subsection (4) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]Except as provided by this section, section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to proceedings of the Board under section 14A as if –(a) the Board were a Commission established under section 4 of that Act ; and(b) the proceedings were the inquiry being conducted by that Commission under that Act.(4A) [Section 14B Subsection (4A) inserted by No. 71 of 1995, s. 3 and Sched. 1 ]A person called as a witness in an inquiry is not to be compelled to answer a question incriminating or tending to incriminate that person.(5) In any proceedings under section 14A the Board may have counsel to appear before it to assist it in any matter arising in the course of those proceedings, and any person appearing on behalf of an approved physiotherapy services company before the Board in those proceedings may be represented by counsel.(6) Where the Board exercises any of its powers under section 14A (1) in respect of an approved physiotherapy services company, the Board shall express its decision in the form of an order which shall be served on the company by the Board.
(1) [Section 15 Subsection (1) amended by No. 74 of 1985, s. 22 and Sched. 1 ]Any person aggrieved by the removal of his name from the register or, as the case may be, by the suspension of his registration, or by any refusal or failure to register him, may, within 3 months after the date on which notice is given to him by the Registrar that his name has been so removed or his registration suspended, or within 6 months after the date on which he applied to be registered, as the case may be, whichever is the later, appeal against the removal or suspension, or the refusal or failure, as the case may be, to the Supreme Court, which shall have jurisdiction to hear and determine the appeal.(1A) [Section 15 Subsection (1A) inserted by No. 74 of 1985, s. 15 ]A physiotherapy services company which is aggrieved by a decision of the Board exercising any of its powers under section 14A may appeal to the Supreme Court within 30 days after the service on it of the order referred to in section 14B (6) .(1B) [Section 15 Subsection (1B) inserted by No. 74 of 1985, s. 15 ]On the hearing of an appeal under subsection (1A) the Supreme Court unless it dismisses the appeal, may, by order, quash or vary the decision to which the appeal relates or make such decision in the case as the Board could have made.(2) Every appeal under this section shall be instituted, heard and determined in accordance with the provisions of the rules of court relating to appeals from statutory tribunals (other than courts).
16. Restoration of name to register
(1) Where the Board directs the removal from the register of the name of any person, the name of that person shall not be again entered on the register, except by direction of the Board or by order of the Supreme Court.(2) [Section 16 Subsection (2) amended by No. 74 of 1985, s. 22 and Sched. 1 ]The Board may, if it thinks fit in any case, direct the Registrar to restore to the register any name removed therefrom without fee, or on payment of the prescribed fee, and the Registrar shall restore the name accordingly.
17. False entries in register, misrepresentation, &c.
[Section 17 Amended by No. 55 of 1965, s. 5 ][Section 17 Amended by No. 74 of 1985, s. 16 ][Section 17 Amended by No. 43 of 1991, s. 5 and Sched. 1 ][Section 17 Amended by No. 46 of 1991, s. 4 and Sched. 2 ]No person shall –(a) wilfully make or cause to be made any false entry in, or falsification of, the register; or(b) wilfully procure the registration under this Act either of himself or of any other person, by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing.Penalty: Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months.
18. Complaints: By whom to be laid
[ Section 18 Amended by No. 74 of 1985, s. 22 and Sched. 1 ]All complaints in respect of offences against this Act shall be laid by the Registrar or by some other person appointed by the Board for the purpose, either generally or in any particular case, or by a police officer.
PART V - Bodies Corporate Providing Physiotherapy Services[Part V Inserted by No. 74 of 1985, s. 17 ]
Division 1 - Preliminary
[Section 18A Inserted by No. 74 of 1985, s. 17 ]In this Part, except in so far as the context or subject-matter otherwise indicates or requires –approval means an approval under section 18D ;registered physiotherapist means a person registered under this Act.
Division 2 - Approvals in respect of physiotherapy services companies and related matters
18B. Obligation on physiotherapy services company to obtain approval of Board
[Section 18B Inserted by No. 74 of 1985, s. 17 ](1) [Section 18B Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A physiotherapy services company shall not provide any physiotherapy services unless it is the holder of an approval granted by the Board under section 18D authorizing the company to provide those services.Penalty: Fine not exceeding 50 penalty units.(2) Where a body corporate which is not a physiotherapy services company provides free physiotherapy services for its employees, nothing in this Part shall be construed as requiring the body corporate to obtain an approval referred to in subsection (1) .
18C. Application for grant of approval by Board
[Section 18C Inserted by No. 74 of 1985, s. 17 ](1) An application for the grant of an approval by the Board shall –(a) be in writing in a form provided by the Board;(b) be made on behalf of the applicant by a person who is concerned in the management of the applicant;(c) specify –(i) the name of the applicant;(ii) the registered office of the applicant within Tasmania;(iii) the place or places where the applicant proposes to carry on business; and(iv) the names and addresses of the members and officers of the applicant;(d) contain such particulars relating to the provision by the applicant of physiotherapy services as may be directed by the form; and(e) be accompanied by –(i) a copy of the memorandum and articles of association of the applicant certified by a statement by the secretary or an executive officer of the applicant to be a true copy of that memorandum and those articles;(ii) any other document prescribed by the regulations; and(iii) the fee prescribed by the regulations.(2) If the Board is not satisfied as to the particulars provided in an application under this section, the Board may serve on the applicant an instrument in writing requiring it to provide the Board, within such period as is specified in the instrument or such further period as the Board may allow, with a statement in writing by a person who is concerned in the management of the applicant containing such further particulars in relation to the application as the Board specifies.(3) Where, as a result of not being satisfied as to the particulars provided in an application under this section, the Board serves an instrument under subsection (2) requiring the applicant to provide it with a statement of further particulars in respect of the application, the Board may decline to consider the application until the applicant has provided it with such a statement and, where any such statement is so provided, the Board may refuse to grant the approval applied for until it is satisfied as to the particulars contained in the statement.
[Section 18D Inserted by No. 74 of 1985, s. 17 ](1) Where an application is made under section 18C for the grant of the Board's approval, the Board shall, if –grant an approval to the company authorizing it to provide physiotherapy services.(a) the application is in accordance with that section and is accompanied by a copy of the documents and the fee referred to in subsection (1) (e) of that section;(b) the applicant has complied with any requirement under subsection (2) of that section made in respect of the application; and(c) the memorandum and articles of association of the physiotherapy services company to which the application relates comply with the prescribed requirements –(2) For the purposes of subsection (1) (c) , the memorandum of a physiotherapy services company to which an application under section 18C relates shall be deemed to comply with the prescribed requirements if the memorandum –(a) provides that the sole object of the company is the provision of physiotherapy services by the company; and(b) provides that the company shall have the power to do all such acts or things as may be required or necessary to be done by a body corporate incorporated with the sole object of providing physiotherapy services.(3) For the purposes of subsection (1) (c) , the articles of association of a physiotherapy services company to which an application under section 18C relates shall be deemed to comply with the prescribed requirements if the articles –(a) provide –(i) that, in the case of a company with more than 2 members, every member of the company shall be a registered physiotherapist;(ii) that, in the case of a company with only 2 members –(A) both shall be registered physiotherapists; or(B) one member shall be a registered physiotherapist and the other member shall be a legal practitioner or barrister, an accountant who is a member of the Institute of Chartered Accountants in Australia or the Australian Society of Accountants, or such other person, not being a registered physiotherapist, as is approved by the Board;(iii) that, in the case of a company with only 2 members, one of whom is not a registered physiotherapist –(A) the member of the company who is a registered physiotherapist shall take and hold at least 2 shares in the capital of the company;(B) the member of the company who is not a registered physiotherapist shall take not more than one share in that capital, being a share in respect of which there is no right to vote at a general meeting of members of the company, and which shall be held in trust by him for the member of the company who is a registered physiotherapist; and(C) the member of the company who is not a registered physiotherapist cannot be the chairman of the company;(iv) that every director of the company shall be a registered physiotherapist, except in the case of a company with only 2 members, one of whom is a registered physiotherapist;(v) in the case of a company with more than 2 members, for the transmission of the shares of a deceased member of the company to a registered physiotherapist;(vi) in the case of a company with only 2 members, for the transmission of the share or shares of a deceased member of the company in such a way that subparagraphs (ii) and (iii) are complied with; and(vii) that the total voting rights exercisable at a meeting of the members of the company shall be held by registered physiotherapists who are directors or members of the company; and(b) include provisions that are otherwise appropriate to a body corporate incorporated with the sole object of providing physiotherapy services.(4) An approval under this section by the Board shall be –(a) in writing; and(b) sent by the Board to the physiotherapy services company by which the application for the approval was made.(5) Where, on an application under section 18C , the Board refuses to grant an approval to the applicant, the Board –(a) shall serve on the applicant a notice in writing of the refusal and the reasons for it; and(b) where payment of the fee referred to in section 18C (1) (e) has been made, shall, unless the applicant agrees in writing to the amount of the fee being held in credit for it, refund that amount to the applicant.
[Section 18E Inserted by No. 74 of 1985, s. 17 ]An approval granted to a physiotherapy services company –and such an approval may, in accordance with section 18G , be renewed for successive periods of 12 months.(a) authorizes the company to provide physiotherapy services; and(b) is in force on and from the date specified in the approval as the date for the approval to come into force for a period of 12 months from that date, unless the approval ceases to be in force earlier –
18F. List of approved physiotherapy services companies
[Section 18F Inserted by No. 74 of 1985, s. 17 ](1) The Board shall keep a list of physiotherapy services companies in respect of which it has granted approvals.(2) The list shall be in such form as the Board determines.(3) Where the Board grants an approval, the Board shall cause to be entered in the list –(a) the name of the physiotherapy services company to which the approval relates; and(b) particulars of the following matters:(i) the registered office of the company within Tasmania;(ii) the place or places where the company proposes to carry on business;(iii) the names and addresses of the members and officers of the company;(iv) such other matters (if any) as the Board considers appropriate or as may be prescribed by the regulations for the purposes of this subsection.(4) In addition to the particulars referred to in subsection (3) (b) , the Board shall cause to be entered in the list particulars of the cancellation of an approval under section 14A and of the date of the cancellation.(5) The Board may from time to time cause to be made in the list such alterations as it considers to be necessary.(6) The Board shall cause a copy of the list, as existing on 1st January in each year, to be given to the Minister on or before 31st January in that year.
[Section 18G Inserted by No. 74 of 1985, s. 17 ](1) Subject to this section, a physiotherapy services company which holds an approval may, at any time before the expiry of the approval, apply to the Board for the renewal of the approval for a further period of 12 months.(2) An application by a physiotherapy services company under this section shall –(a) be in writing in a form provided by the Board;(b) be made on behalf of the applicant by a person who is concerned in the management of the applicant;(c) specify –(i) the name of the applicant;(ii) the registered office of the applicant within Tasmania;(iii) the place or places where the applicant carries on business; and(iv) the names and addresses of the members and officers of the applicant;(d) contain such particulars relating to the provision by the applicant of physiotherapy services as may be directed by the form; and(e) be accompanied by the fee prescribed by the regulations.(3) If the Board is not satisfied as to the particulars provided in an application under this section, the Board may serve on the applicant an instrument in writing requiring it to provide the Board, within such period as is specified in the instrument or such further period as the Board may allow, with a statement in writing by a person who is concerned in the management of the applicant containing such further particulars in relation to the application as the Board specifies.(4) Where, as a result of not being satisfied as to the particulars provided in an application under this section, the Board serves an instrument under subsection (3) requiring the applicant to provide it with a statement of further particulars in respect of the application, the Board may decline to consider the application until the applicant has provided it with such a statement and, where any such statement is so provided, the Board may refuse to renew the approval, and the requirement shall be deemed not to have been complied with until the Board is satisfied as to the particulars contained in the statement.(5) Subject to subsection (6) , where an application is made under subsection (1) for the renewal of an approval, the Board shall, if –grant to the applicant the renewal of the approval applied for unless the application is withdrawn.(a) the application is in accordance with this section and is accompanied by the fee referred to in subsection (2) (e) ; and(b) the applicant has complied with any requirement under subsection (3) made in respect of the application –(6) The Board may refuse to grant to an applicant the renewal of the approval applied for if the applicant has contravened section 18O .(7) Subject to this Act, where an application for the renewal of an approval is made before the date on which the approval would, but for this subsection, have ceased to be in force (which date is, in this subsection, referred to as "the date of expiry") and –(a) the renewal is granted before the date of expiry – on the grant of the renewal, the approval shall be in force for a period of 12 months commencing on the date of expiry; or(b) the renewal is not granted before the date of expiry and the application is not withdrawn before the date of expiry –(i) the approval shall be deemed to continue to be in force on and from the date of expiry until the renewal is granted, the application is withdrawn, or the renewal is refused, whichever first occurs; and(ii) on the grant of the renewal, the approval shall be in force for the remaining portion of the period of 12 months commencing on the date of expiry, and the renewal shall be expressed to have taken effect on and from that date.(8) The renewal under this section of an approval shall be –(a) in writing; and(b) sent by the Board to the physiotherapy services company by which the application for the renewal was made.(9) Where, on an application under subsection (1) for the renewal of an approval, the Board refuses to renew the approval, the Board –(a) shall serve on the applicant a notice in writing of the refusal and the reasons for it; and(b) where payment of the fee referred to in subsection (2) (e) has been made, shall, unless the applicant agrees in writing to the amount of the fee being held in credit for it, refund that amount to the applicant.
[Section 18H Inserted by No. 74 of 1985, s. 17 ]The holder of an approval may, at any time, by notice in writing to the Board, inform the Board that it wishes to surrender the approval, and on receipt by the Board of the notice and the approval, the approval shall cease to be in force.
18I. False and misleading statements
[Section 18I Inserted by No. 74 of 1985, s. 17 ](1) [Section 18I Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who –which is false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.(a) makes an application under section 18C or 18G ; or(b) in a statement provided by a physiotherapy services company pursuant to an instrument under section 18C (2) or 18G (3) , makes a representation –(2) It is a defence to a charge under subsection (1) if it is proved that, at the time when the application or representation was made, the defendant believed on reasonable grounds that it was neither false nor misleading.
18J. Appeal against refusal of application for grant of approval
[Section 18J Inserted by No. 74 of 1985, s. 17 ](1) Where, on an application for the grant of an approval, the Board refuses to grant the approval, the physiotherapy services company which made the application may, within 21 days after the service on the company of a notice of refusal under section 18D (5) (a) , appeal to the Supreme Court against the refusal.(2) If, on the hearing of an appeal under subsection (1) , the Supreme Court is satisfied that in all the circumstances of the case an approval ought to have been granted, it shall make an order directing that, subject to the payment of the fee for the approval, an approval be granted to the appellant to be in force on and from such date as is specified in the order.(3) The Board shall give effect to any order made by the Supreme Court under subsection (2) .(4) Subject to this section, an appeal under subsection (2) shall be instituted, heard, and determined in accordance with the provisions of the rules of court of the Supreme Court relating to appeals from statutory tribunals (other than courts).
18K. Appeal against refusal of application for renewal of approval
[Section 18K Inserted by No. 74 of 1985, s. 17 ](1) Where, on an application for the renewal of an approval, the Board refuses to renew the approval, the applicant for renewal may, within 21 days after the service on the applicant of a notice of refusal under section 18G (9) (a) , appeal against the refusal to the Supreme Court.(2) The provisions of section 18J (2) to (4) , with any necessary modifications, apply to and in respect of an appeal under subsection (1) of this section in the same way as they apply to and in respect of an appeal against a refusal to grant an approval.
Division 3 - Miscellaneous
18L. Restrictions on provision of physiotherapy services by approved physiotherapy services companies
[Section 18L Inserted by No. 74 of 1985, s. 17 ][Section 18L Amended by No. 43 of 1991, s. 5 and Sched. 1 ]An approved physiotherapy services company shall not provide a physiotherapy service for a person or cause or permit a physiotherapy service to be so provided unless the provision of that service is –(a) authorized on its behalf by a registered physiotherapist; or(b) performed on its behalf by a registered physiotherapist.Penalty: Fine not exceeding 50 penalty units.
18M. Records to be kept by physiotherapy services companies
[Section 18M Inserted by No. 74 of 1985, s. 17 ](1) A physiotherapy services company shall –(a) keep in a form and manner approved by the Board records of –(i) the name and address of each person for whom it provides a physiotherapy service;(ii) the nature of the service provided for that person;(iii) the date on which, and the time at which, that service is provided;(iv) the name of each registered physiotherapist who authorized the provision of, or who performed, that service; and(v) such other matters (if any) as the Board considers appropriate or as may be prescribed by the regulations for the purposes of this subsection; and(b) preserve each of those records for a period of 7 years after the last entry was made in it.(2) A physiotherapy services company shall –(a) notify the Registrar in writing of the address of the place in Tasmania at which the records which it is required to keep under subsection (1) are kept or proposed to be kept –(i) if the company is providing physiotherapy services at the commencement of this Part – within 2 months after that commencement; or(ii) if it is not providing those services at the commencement of this Part – within 2 months after it commences to provide those services; and(b) where the place at which the records are kept is subsequently changed to another place in Tasmania – notify the Board in writing of the address of the new place at which the records are kept within 14 days after the change takes place.(3) [Section 18M Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A physiotherapy services company which fails to comply with subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.(4) This section does not apply so as to require the preservation of records –(a) in respect of which the Board has notified a physiotherapy services company that preservation is not required; or(b) of a physiotherapy services company which has gone into liquidation and which has been finally dissolved.
18N. Power of Board to require physiotherapy services companies to provide it with information from records kept under section 18M
[Section 18N Inserted by No. 74 of 1985, s. 17 ](1) Subject to subsection (2) , the Board may serve on a physiotherapy services company an instrument in writing requiring it to provide the Board, within such period as is specified in the instrument or such further period as the Board may allow, a statement in writing by a person who is concerned in the management of the company containing particulars of the information in the records kept by the company under section 18M , being a statement relating to such period as is specified in the instrument.(2) Except with the consent of a patient or his legal guardian, information contained in a statement provided by a physiotherapy services company pursuant to an instrument under subsection (1) shall not include any clinical details of the symptoms, signs, or diagnosis of the patient.(3) [Section 18N Subsection (3) amended by No. 43 of 1991, s. 5 and Sched. 1 ]Where a physiotherapy services company on which an instrument is served under subsection (1) fails to –the company is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.(a) provide the Board with a statement as required by the instrument; or(b) provide the Board with such a statement within such period as is specified in the instrument or such further period as the Board may allow –(4) [Section 18N Subsection (4) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who, in a statement provided by a physiotherapy services company pursuant to an instrument under subsection (1) , makes a representation which is false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.(5) It is a defence to a charge under subsection (4) if it is proved that, at the time when the representation was made, the defendant believed on reasonable grounds that it was neither false nor misleading.
18O. Alteration to memorandum or articles of association of physiotherapy services company
[Section 18O Inserted by No. 74 of 1985, s. 17 ](1) A physiotherapy services company shall not make an alteration to its memorandum or articles of association unless the proposed alteration has been submitted to, and approved by, the Board.(2) An alteration to the memorandum or articles of association of a physiotherapy services company made in contravention of subsection (1) has no force or effect.
18P. Restrictions on the production, &c., to the National Companies and Securities Commission or its staff of case histories and other records
[Section 18P Inserted by No. 74 of 1985, s. 17 ](1) Notwithstanding anything in the Companies (Tasmania) Code , any other Code, or any enactment, the Commission or a member of the staff of the Commission is not entitled to require a physiotherapy services company to produce for the purposes of the inspection by it or him, to inspect, or take possession of –unless the Supreme Court has made an order authorizing the Commission or that member to do so.(a) the case history or similar record of a person for whom the company has provided a physiotherapy service (not being a record to which paragraph (b) applies); or(b) any records kept by the company under section 18M –(2) The Supreme Court may, on the application of the Commission, make an order authorizing the Commission or a member of the staff of the Commission to do all or any of the acts mentioned in subsection (1) .(3) On the making of an order under subsection (2) , the Supreme Court may make such orders, including an order relating to the payment of costs, as it thinks fit.(4) [Section 18P Subsection (4) amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this section –Commission means the Australian Securities Commission established by the Commission Act ;Commission Act means the Australian Securities Commission Act 1989 of the Commonwealth;member of the staff of the Commission means a staff member within the meaning of the Commission Act .
18Q. Personal liability of registered physiotherapists in respect of physiotherapy services authorized or performed by them on behalf of physiotherapy services companies
[Section 18Q Inserted by No. 74 of 1985, s. 17 ](1) Notwithstanding any law to the contrary, where a registered physiotherapist authorizes or performs a physiotherapy service on behalf of a physiotherapy services company for a person, that physiotherapist is personally liable to that person in respect of the authorization or performance of that physiotherapy service or any matter or thing arising out of the authorization or performance of that physiotherapy service, whether the contract for the carrying out of that physiotherapy service was entered into between that physiotherapist and that person or not.(2) Where more than one registered physiotherapist authorizes or performs a physiotherapist service on behalf of a physiotherapist services company for a person, those physiotherapists are jointly and severally personally liable to that person as provided in subsection (1) .(3) Where one or more registered physiotherapists are, pursuant to subsection (1) or (2) , personally liable to a person in respect of the authorization or performance of physiotherapy on behalf of a physiotherapy services company or any matter or thing arising out of the authorization or performance of such a physiotherapy service, nothing in either of those subsections prevents that person from bringing an action in respect of the authorization or performance of that physiotherapy service or that matter or thing against the physiotherapy services company in addition to, or instead of, bringing the action against one or more of those physiotherapists.
18R. Offences by physiotherapy services company
[Section 18R Inserted by No. 74 of 1985, s. 17 ](1) Where an offence against this Act is committed by a physiotherapy services company, every person concerned in the management of the company shall be deemed also to have committed the offence and may be convicted of the offence, unless he proves that the act or omission constituting the offence took place without his knowledge or consent.(2) A person referred to in subsection (1) may be convicted of an offence under that subsection whether or not the physiotherapy services company is charged with or convicted of the offence.
18S. Effect of removal from list
[Section 18S Inserted by No. 74 of 1985, s. 17 ]Where the name of a physiotherapy services company is removed from the list pursuant to section 14A (1) , the approval granted to it under this Part that was in force immediately before its name was so removed ceases to have effect, but again has effect if and when its name is restored to the list pursuant to section 18T .
[Section 18T Inserted by No. 74 of 1985, s. 17 ](1) Where the name of a physiotherapy services company has been removed from the list pursuant to section 14A (1) (c) , the Board may, on the application of that company, restore its name to the list if it considers it proper to do so.(2) An application under subsection (1) for the restoration of the name of a physiotherapy services company to the list shall –(a) not be made to the Board –(i) before the expiration of 12 months from the date of the removal of the company's name from the list; or(ii) before the expiration of 12 months from the date on which such an application was previously made; and(b) be made on behalf of the applicant by a person who is concerned in the management of the applicant.(3) Where a physiotherapy services company makes an application under subsection (1) , the Board may require a person who is concerned in the management of the company to attend personally before the Board for the purpose of proving facts on which the application depends.
18U. Service of instruments by the Board
[Section 18U Inserted by No. 74 of 1985, s. 17 ](1) Any notice or other instrument required or authorized by this Act to be served by the Board on a physiotherapy services company may be served on the company –(a) by delivering it to the secretary of the company personally;(b) by leaving it at the registered office of the company or at the place or principal place of business of the company in Tasmania with a person apparently employed there, being a person who has or apparently has attained the age of 16 years; or(c) by sending it by post to the registered office of the company or to the place or principal place of business of the company in Tasmania.(2) A reference in subsection (1) to the registered office of a physiotherapy services company includes a reference to a registered office that is outside Tasmania.(3) The provisions of this section are in addition to the provisions of section 528 of the Companies (Tasmania) Code .
PART VI - [Part VI Heading inserted by No. 74 of 1985, s. 18 ]Miscellaneous
(1) [Section 19 Subsection (1) amended by No. 74 of 1985, s. 19 & 22 and Sched. 1 ]A document purporting to be a certificate under the hand of the Registrar and stating that –shall in all courts and before all persons and tribunals acting judicially, be prima facie evidence of the facts therein stated.(a) any person was or was not, on any date or during any period mentioned in the certificate, registered under this Act;(b) on any date or during any period mentioned in the certificate, the registration under this Act of any person was suspended; or(c) a company was or was not, on any date or during any period, an approved physiotherapy services company –(2) [Section 19 Subsection (2) amended by No. 74 of 1985, s. 19 ]Prima facie evidence of any entry in the register may be given in all courts and before all such persons and tribunals by the production of a document purporting to be a true copy of that entry, and purporting to be certified as such by the Registrar.(3) Any entry in the register shall be prima facie evidence in all courts and before all such persons and tribunals of the truth of all matters contained in it.
[Section 20 Amended by No. 55 of 1965, s. 5 ][Section 20 Amended by No. 74 of 1985, s. 20 ][Section 20 Amended by No. 43 of 1991, s. 5 and Sched. 1 ]Any person who contravenes any of the provisions of this Act for which no penalty is provided elsewhere in this Act shall be liable to a fine not exceeding 5 penalty units.
21. Appropriation of fees and penalties
[Section 22 Repealed by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .(1) [Section 21 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ]All fees payable and penalties recovered under this Act shall be paid to the Board.(2) [Section 21 Subsection (2) omitted by No. 29 of 1984, s. 3 and Sched. 1 ]. . . . . . . .
[Section 23 Amended by No. 74 of 1985, s. 22 and Sched. 1 ]No matter or thing done or suffered, in good faith, by the Board, or by any member or officer of the Board, or by the Registrar, in the execution, or intended execution, of this Act, or the exercise or discharge, or intended exercise or discharge, of any of its or his powers, functions, or duties under this Act, shall subject the Board, or that member or officer or the Registrar, as the case may be, to any liability in respect thereof.
24. Non-application of Act to certain persons
[Section 24 Subsection (2) amended by No. 100 of 1993, s. 7 ][Section 24 Subsection (2) amended by No. 100 of 1995, s. 97 and Sched. 7 ](1) This Act shall not apply to or in respect of any duly qualified medical practitioner.(2) [Section 24 Subsection (2) amended by No. 41 of 1982, s. 3 ]No person shall be required to be registered under this Act by reason only of the fact that he –(a) practises face massage or scalp massage for cosmetic purposes only;(b) applies massage to persons engaged in playing or training for any game, sport, or athletics, for the purpose of training those persons;(c) being a person registered under the Nursing Act 1995 , applies any physiotherapeutic treatment to any person –(i) in pursuance of, and in conformity with, any instructions or directions given by any duly qualified medical practitioner; or(ii) under the personal supervision of a duly qualified medical practitioner or of a person registered under this Act; or(d) [Section 24 Subsection (2) amended by No. 48 of 1997, Sched. 4, Applied:10 Jun 1998] being a person registered as a chiropractor or osteopath under the Chiropractors and Osteopaths Registration Act 1997 , applies physiotherapeutic treatment in the course of practising chiropractic or osteopathy.
[Section 25 Subsection (2) amended by No. 74 of 1985, s. 21 ][Section 25 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 ](1) The Governor may make regulations prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to the provisions of this Act, and in particular –(a) prescribing the manner in which a complaint or charge of misconduct in a professional respect may be referred to the Board;(b) prescribing the procedure to be followed at, and any matters incidental to, the holding of any inquiry by the Board in respect of any such complaint or charge;(c) prescribing the course of training for all persons desiring to be registered under this Act, including any special courses required for the training of blind persons;(d) regulating the supervision and conduct, and prescribing the standard, of examinations (including special examinations for blind persons) and the remuneration of examiners;(e) regulating, controlling, supervising, and restricting the practice of persons registered under this Act; and(f) providing for the custody of the common seal of the Board.(2) [Section 25 Subsection (2) amended by No. 55 of 1965, s. 5 ]The regulations may impose fines (not exceeding 2 penalty units) for any breaches thereof.