(1) A natural person may apply to the Board for registration as all or any of the following--

(a) a Chinese herbal medicine practitioner;

(b) an acupuncturist;

(c) a Chinese herbal dispenser.

(2) An application must--

(a) be in writing and contain the prescribed information; and

(b) specify the type of registration applied for; and

(c) be accompanied by evidence of the qualifications which the applicant claims entitle him or her to the type of registration applied for; and

(d) be accompanied by the fee fixed by the Board.

(3) The Board may require--

(a) the applicant to provide--

(i) evidence that the applicant will, at the time of commencing to practise Chinese medicine or dispense Chinese herbs, be covered by professional indemnity insurance that meets the minimum terms and conditions set out in the guidelines of the Board in connection with that practice or dispensing;

(ii) details of any information required by section 21;

(iii) an English translation of any document that accompanies his or her application;

(iv) a postal address for the applicant that will appear on the register;

(v) further information or material in respect of the application;

(b) that the information in the application be verified by a declaration under section 107 of the Evidence Act 1958;

(c) proof of identity of the person making the application.

(a) has successfully completed a course of study approved by the Board; or

(b) in the opinion of the Board, has a qualification that is substantially equivalent or is based on similar competencies to a course of study approved by the Board; or

(c) has passed an examination set by or on behalf of the Board; or

(d) has a qualification that is recognised in another State or Territory of the Commonwealth for the purposes of undertaking work of a similar nature to that which a person, holding a qualification to which paragraph (a), (b) or (c) applies, is qualified to undertake.

(1) The Board must grant general registration as a Chinese medicine practitioner or a Chinese herbal dispenser to an applicant if--

(a) the applicant is qualified for registration under section 5; and

(b) in the case of an applicant who has not been registered under this section before, the applicant completed the course of study, obtained the qualification or passed the examination referred to in section 5 within the 5 years preceding the application; and

(c) in the case of an applicant who has been registered under this section before, the applicant has, within the 5 years preceding the application, had experience in the practice of Chinese medicine or the dispensing of Chinese herbs that is appropriate for the type of registration applied for; and

(d) there are no grounds under sub-section (2) under which the Board may refuse to grant registration to the applicant; and

(e) the circumstances are such that section 7 does not apply; and

(f) the applicant has provided the information required under section 4; and

(g) the applicant has paid the fee required by section 4(2)(d).

(2) The Board may refuse to grant registration to an applicant on any one or more of the following grounds--

(a) that the character of the applicant is such that it would not be in the public interest to allow the applicant to practise as a registered practitioner;

(b) that the applicant is unfit to practise as a registered practitioner because he or she is an alcoholic or drug-dependent person;

(c) that the applicant has been found guilty of an indictable offence in Victoria or an equivalent offence in another jurisdiction;

(d) that the applicant has been found guilty of an offence where the ability of the applicant to practise is likely to be affected because of the finding of guilt or where it is not in the public interest to allow the applicant to practise because of the finding of guilt;

(e) that the applicant has previously been registered under this Act and during the course of that registration has had proceedings under Part 3 brought against him or her and those proceedings have never been finalised; (f) that, in the opinion of the Board, the applicant is unfit to be registered because he or she has a physical or mental incapacity which significantly impairs his or her ability to practise as a registered practitioner;

(g) that the applicant's competency in speaking or otherwise communicating in English is not sufficient for that person to practise as a registered practitioner;

(h) that the applicant has previously held a right to practise as a practitioner in another State or Territory or another country, being the equivalent of registration as a practitioner under this Act, and that right has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Board to suspend or cancel the registration;

(i) that, in the opinion of the Board, the applicant does not have adequate arrangements for professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board.

(3) The Board may impose any condition, limitation or restriction it thinks appropriate on registering a person including a condition that--

(a) the person must hold professional indemnity insurance in connection with the practice of Chinese medicine or the dispensing of Chinese herbs; or

(b) the practice of Chinese medicine by the person or the dispensing of Chinese herbs by the person must be covered by professional indemnity insurance in connection with the practice of Chinese medicine or the dispensing of Chinese herbs; or (c) the person must be specified or referred to in professional indemnity insurance in connection with the practice of Chinese medicine or the dispensing of Chinese herbs, whether by name or otherwise, as a person to whom the insurance cover or indemnity extends, even though the person is not a party to the insurance.

(4) A condition referred to in sub-section 3(a), (b) or (c) may require professional indemnity insurance that meets the minimum terms and conditions set out in the guidelines of the Board.

(5) The Board may, upon application by the registered practitioner, amend, vary or revoke any condition, limitation or restriction imposed under sub-section (3).

(6) The Board must not refuse to grant registration to a person on the basis that the person's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity if the person's arrangements otherwise meet the minimum terms and conditions set out in the guidelines of the Board.

(1) The Board may grant or refuse to grant specific registration as a practitioner to an applicant who holds qualifications in Chinese medicine or Chinese herbal dispensing which do not qualify that applicant for general registration--

(a) to enable that applicant to undertake supervised study or training or a course approved by the Board at a tertiary institution; or

(b) to enable that applicant to fill a teaching or research position in Chinese medicine or Chinese herbal dispensing at a tertiary institution approved by the Board; or

(c) to enable an applicant from another country to practise in Victoria if that applicant has exchanged practice with a registered practitioner for a limited period with the prior permission of the Board; or

(d) if the Board is satisfied that, in order to meet an identified need for a Chinese medicine practitioner or Chinese herbal dispenser, it is necessary for a person having qualifications in the nature of the applicant's to provide Chinese medicine services or Chinese herbal dispensing services.

(2) The Board may refuse to grant registration to an applicant if, in the opinion of the Board, the applicant does not have adequate arrangements for the professional indemnity insurance that meet the minimum terms and conditions set out in the guidelines of the Board.

(3) The Board must not refuse to grant registration to an applicant on the basis that the applicant's arrangements for professional indemnity insurance are in the form of insurance or a discretionary indemnity cover if the arrangements otherwise meet the minimum terms and conditions set out in the guidelines. (4) A grant of specific registration under this section continues in force for the period, not exceeding 12　ise meet the minimum terms and conditions set out in the guidelines. (4) A grant of specific registration under this section continues in force for the period, not exceeding 12　months, that is specified by the Board and is subject to any condition, limition or restriction imposed by the Board under sub-section (5).

(5) The Board may impose any condition, limitation or restriction it thinks appropriate on granting specific registration including a condition that--

(a) the person must hold professional indemnity insurance in connection with the practice of Chinese medicine or the dispensing of Chinese herbs during the course of that practice; or

(b) the practice of Chinese medicine by the person or the dispensing of Chinese herbs by the person must be covered by professional indemnity insurance in connection with the practice of Chinese medicine or the dispensing of Chinese herbs; or

(c) the person must be specified or referred to in professional indemnity insurance in connection with the practice of Chinese medicine or the dispensing of Chinese herbs, whether by name or otherwise, as a person to whom the insurance or indemnity extends, even though the person is not a party to the insurance.

(6) A condition referred to in sub-section 5(a), (b) or (c) may require professional indemnity insurance that meets the minimum terms and conditions set out in guidelines of the Board.

(7) The Board may, upon application by the registered practitioner, amend, vary or revoke any condition, limitation or restriction imposed under sub-section (5).

(1) If the Board is satisfied that a Chinese medicine practitioner has satisfactorily completed a course of study or training which, in the opinion of the Board, qualifies the Chinese medicine practitioner to obtain and to have in his or her possession and to use, sell or supply Schedule 1 poisons within the meaning of the Drugs, Poisons and Controlled Substances Act 1981, the Board may endorse the registration of the Chinese medicine practitioner to the effect that the Chinese medicine practitioner is qualified to obtain and to have in his or her possession and to use, sell or supply Schedule 1 poisons.

(2) If the Board is satisfied that a Chinese herbal dispenser has satisfactorily completed a course of study or training which, in the opinion of the Board, qualifies the Chinese herbal dispenser to obtain and to have in his or her possession and to use, sell or supply Schedule 1 poisons within the meaning of the Drugs, Poisons and Controlled Substances Act 1981, the Board may endorse the registration of the Chinese herbal dispenser to the effect that the Chinese herbal dispenser is qualified to obtain and to have in his or her possession and to use, sell or supply Schedule 1 poisons.

(3) The Board may impose any condition, limitation or restriction on an endorsement under this section including a condition, limitation or restriction relating to the form or state of the poison or whether the poison is manufactured or packaged or not. (4) An applicant for registration or a registered person may apply to the Board for an endorsement under this section.

(5) An application must be--

(a) in writing in the prescribed form and accompanied by evidence of the qualifications which the applicant claims qualify him or her for the endorsement applied for; and

(b) accompanied by the fee determined by the Board.

(6) The Board--

(a) may require the applicant to provide further information or material in respect of the application; and

(b) may require that the information in the application be verified by a declaration under section 107 of the Evidence Act 1958.

(a) it has given the applicant notice of this proposal; and

(b) it has given the applicant an opportunity to make submissions to the Board about the proposal.

(1) The registration of a practitioner which is not specific or the renewal of such registration continues in force until 31 December next following the grant or renewal of registration.

(2) The specific registration of a practitioner or the renewal of such registration continues in force for 12 months following the grant or renewal of that registration.

(1) An application for renewal of registration--

(a) must be made to the Board before the existing registration expires; and

(b) must be accompanied by--

(i) evidence that the applicant will be covered by professional indemnity insurance that meets the minimum terms and conditions set out in the guidelines of the Board; and

(ii) the fee fixed by the Board; and

(iii) if required by the Board, details of any information required by section 21.

(2) If a person does not apply for renewal of registration before the end of the existing registration period, the Board may renew that person's registration if the application is made within 3 months after the end of the registration period and if the applicant pays an additional renewal fee fixed by the Board which must not be more than 50% of the original fee.

(3) If a person's registration has expired without being renewed that person is deemed to be registered for a period of 3 months after that expiry, and if, at the end of that period of 3 months, that person has not renewed his or her registration, the Board must remove that person's name from the register.

(4) The Board may refuse to renew the registration of an applicant under this Part--

(a) if the Board is satisfied that the applicant for renewal has not had sufficient experience in the practice of Chinese medicine or the dispensing of Chinese herbs in the division of registration applied for in the preceding 5　practice of Chinese medicine or the dispensing of Chinese herbs in the division of registration applied for in the preceding 5　years to be able to practise as a Chinese medicine practitioner or Chinese herbal dispenser in that division; o

(b) on any ground on which the Board might refuse to grant registration.

(1) The Board, from time to time, may recognise any post graduate qualification that the Board considers to be relevant to the practice of Chinese medicine or the dispensing of Chinese herbs.

(2) An applicant for registration or a registered person may apply to the Board to have particulars of a post graduate qualification that is recognised by the Board in addition to those approved for registration noted on the register against the name of that practitioner.

(3) An application must be in writing and be accompanied by the fee for the application fixed by the Board together with evidence of the post graduate qualifications that the applicant wants to have noted on the register in addition to those approved for registration purposes.

(4) The Board must publish a list of the post graduate qualifications recognised under this section at least once a year in a publication circulating among registered practitioners generally and make the list available for inspection during normal business hours at the office of the Board without charge.

(a) applies to the Board within 2 years from the date of that removal to have his or her name restored to the register; and

(b) pays to the Board the fee fixed by the Board for that purpose within that period--