(1) There is established a Board to be called the Chinese Medicine Registration Board of Victoria.

(2) The Board--

(a) is a body corporate with perpetual succession; and

(b) has a common seal; and

(c) may sue and be sued in its corporate name; and

(d) may acquire, hold and dispose of real and personal property; and

(e) may do and suffer all acts and things that a body corporate may, by law, do and suffer.

(3) The common seal must be kept as directed by the Board and must not be used except as authorised by the Board.

(4) All courts must take judicial notice of the seal of the Board on a document and, until the contrary is proved, must presume that the document was properly sealed.

(1) The Board has the following functions--

(a) to register persons who comply with the requirements of this Act as to registration so that they may hold themselves out as registered Chinese medicine practitioners or registered Chinese herbal dispensers;

(b) to approve courses of study which provide qualifications for registration as Chinese medicine practitioners and Chinese herbal dispensers;

(c) to approve courses of study or training which provide qualification for endorsement of registration under section 8;

(d) to regulate the standards of practice of Chinese medicine and the dispensing of Chinese herbs in the public interest;

(e) to investigate the professional conduct or fitness to practise of registered practitioners and impose sanctions where necessary;

(f) to issue and publish guidelines about the minimum terms and conditions of professional indemnity insurance in connection with the practice of Chinese medicine and the dispensing of Chinese herbs;

(g) to recognise post graduate courses in Chinese medicine and the dispensing of Chinese herbs in addition to those required for registration; (h) to issue and publish Codes for the guidance of registered practitioners about standards recommended by the Board relating to the practise of Chinese medicine and the prescribing, labelling, storage, dispensing and supply of Chinese herbs including Schedule 1 poisons within the meaning of the Drugs, Poisons and Controlled Substances Act 1981;

(i) to initiate, promote or participate in programs that the Board considers will protect the public from practitioners whose ability to practise medicine may be affected by any matter referred to in section 28;

(j) to advise the Minister on any matters relating to its functions;

(k) when so requested by the Minister, to give to the Minister any information reasonably required by the Minister;

(l) any other functions conferred on the Board by this Act.

(2) The Board has all the powers necessary to enable it to perform its functions.

(3) The Board must consult with the Minister and have regard to the Minister's advice in carrying out its functions and exercising its powers.

(4) The Board must consult with registered practitioners before formulating any Codes referred to in sub-section (1)(h).

(5) If there is an inconsistency between any practice recommended under a guideline or a Code published by the Board and a provision of this Act or the regulations or any other Act or regulations the provision of the Act or the regulations prevails.

(1) The Board consists of 9 members nominated by the Minister and appointed by the Governor in Council.

(2) Of the persons appointed to the Board--

(a) 6 must be registered practitioners and each of those practitioners must have had at least 5　ust have had at least 5　years practice as a Chinese medicine practitioner or a Chinese herbal dispenser; an

(b) one must be a lawyer; and

(c) 2 must be persons who are not registered practitioners.

(3) At least 2 members of the Board must be able to communicate in English and either Mandarin or any other Chinese dialect.

(1) A member of the Board holds office for not more than 3 years from the date of his or her appointment.

(2) A member of the Board is eligible for reappointment.

(3) The Public Sector Management and Employment Act 1998 (except in accordance with Part 7 of that Act) does not apply to a member in respect of the office of member.

(1) A member of the Board ceases to be a member if he or she is absent, without leave first being granted by the Board, from 3 consecutive meetings of which reasonable notice has been given to that member, either personally or by post.

(2) A member of the Board may resign the office of member by writing signed by the member and addressed to the Governor in Council.

(3) The Governor in Council may at any time remove a member of the Board from office.

(4) If a member of the Board dies, resigns or is removed from office, the Governor in Council may, in accordance with this Act, on the recommendation of the Minister, fill the vacant office.

(5) A member appointed under sub-section (4) holds office for the rest of the term of appointment of the member whose place he or she fills.

(1) The Governor in Council may appoint members of the Board to be President and Deputy President of the Board.

(2) A person appointed to an office under sub-section (1) holds office for the term specified in his or her instrument of appointment and is eligible for reappointment.

(3) A person appointed to an office under sub-section (1) may resign that office by writing signed by the person and addressed to the Governor in Council.

(4) The Governor in Council may at any time remove a person appointed under sub-section (1) from office.

(5) A person appointed to an office under sub-section (1) ceases to hold that office on ceasing to be a member of the Board.

(1) If a member of the Board is unable to perform the duties or functions of the office, the Governor in Council may appoint a person qualified to be appointed as that member to act as the member during the period of inability.

(2) The Governor in Council--

(a) subject to this Act, may determine the terms and conditions of appointment of an acting member; and

(b) may at any time terminate the appointment.

(3) While the appointment of an acting member remains in force, the acting member has and may exercise all the powers and perform all the duties and functions of the member.

(1) A member or acting member of the Board, other than a member who is an employee under Part 3 of the Public Sector Management and Employment Act 1998, is entitled to receive the fees that are fixed from time to time by the Governor in Council for that member.

(2) Each member or acting member of the Board is entitled to receive the allowances that are fixed from time to time by the Governor in Council.

(1) The President or, in the absence of the President, the Deputy President must preside at a meeting of the Board at which he or she is present.

(2) If neither the President nor Deputy President are present at a meeting the members present may elect a member to preside at the meeting.

(3) The person presiding at a meeting has a deliberative vote and a second or casting vote.

(4) A majority of the members of the Board currently holding office constitutes a quorum.

(5) Subject to this Act the Board may regulate its own proceedings.

(1) A member who has a pecuniary or other interest in any matter in which the Board is concerned must--

(a) if the member is present at a meeting of the Board at which the matter is to be considered, disclose the nature of the interest immediately before the consideration of that matter; or

(b) if the member is aware that the matter is to be considered at a meeting of the Board at which the member does not intend to be present, disclose the nature of the interest to the President or Deputy President of the Board before the meeting is held.

(2) The member--

(a) may take part in the discussion in the meeting; and

(b) must leave the meeting while any vote is taken on a question relating to the matter.

(1) If--

(a) the Board has taken reasonable steps to give notice to each member setting out the terms of a proposed resolution; and

(b) a majority of the members for the time being sign a document containing a statement that they are in favour of the resolution in the terms set out in the document--

(2) If a resolution is, under sub-section (1), deemed to have been passed at a meeting of the Board, each member must as soon as practicable be advised of the matter and given a copy of the resolution.

(3) For the purposes of sub-section (1), 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, are deemed to constitute one document.

(4) The majority of members referred to in sub-section (1)(b) must not include a member who, because of section 76, is not entitled to vote on the resolution.

(5) This section does not apply to any resolution of the Board relating to a matter being considered under Part 3.

(1) If not less than two-thirds of the members of the Board for the time being holding office so agree, a meeting of the Board may be held by means of a method of communication, or by means of a combination of methods of communication, approved by the President of the Board for the purposes of that meeting.

(2) For the purposes of this Part, a member of the Board who participates in a meeting held as permitted by sub-section (1) is present at the meeting even if he or she is not physically present at the same place as another member participating in the meeting.

(3) This section--

(a) applies to a meeting or a part of a meeting;

(b) does not apply to a meeting conducted for the purposes of Part 3.

(a) of a vacancy in its membership; or

(b) of a defect or irregularity in the appointment of any of its members; or

(c) in the case of an acting member, the occasion for that member so acting had not arisen or had ceased.

(a) a member of the Board; or

(b) the person responsible for maintaining the register or any other member of the staff of the Board--

(c) the power to refuse to grant registration or endorsement of registration or to refuse to renew registration; or

(d) the power to impose or to amend, vary or revoke conditions, limitations or restrictions on registration or endorsement of registration; or

(e) the power to conduct any hearing or to make any determination under Part 2 or Part 3; or (f) this power to delegate.