South Australia: Veterinary Practice Act 2003 (SA)

South Australia Veterinary Practice Act 2003 An Act to protect animal health, safety and welfare and the public interest by providing for the registration of veterinary surgeons; to regulate the provision of veterinary treatment for the purposes of maintaining high standards of competence and conduct by veterinary surgeons; to recognise the registration of veterinary surgeons in certain jurisdictions; and for other purposes. Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Medical fitness to provide veterinary treatment Part 2—Veterinary Surgeons Board of South Australia Division 1—Continuation of Board 5 Continuation of Board Division 2—Membership 6 Composition of Board 7 Terms and conditions of membership 8 Vacancies or defects in appointment of members 9 Remuneration Division 3—Registrar and staff 10 Registrar 11 Staff Division 4—General functions and powers 12 Objects 13 Functions 15 Committees 16 Delegations Division 5—Procedures 17 Procedures 18 Application of Public Sector (Honesty and Accountability) Act 19 Powers in relation to witnesses etc 20 Power to require medical examination or report 21 Principles governing proceedings 22 Representation at proceedings 23 Costs Division 6—Accounts, audit and annual report 24 Accounts and audit 25 Annual report Part 3—Registration of veterinary surgeons Division 1—Registers 26 Registers 28 General and specialist registers 29 Register of persons removed from general or specialist register 29A Register of decisions relating to deemed registration 30 Provisions of general application to registers 31 Requirement to inform Board of changes Division 2—Primary registration 32 Registration of natural persons on general or specialist register 33 Application for registration 34 Removal from register or specialty 35 Reinstatement on register or in specialty 36 Fees and returns 37 Variation or revocation of conditions of registration 38 Contravention of conditions of registration Division 3—Deemed registration 38A Recognition of veterinary surgeons registered in other jurisdictions 38B Variation or revocation of conditions of registration 38C Contravention of conditions of deemed registration Division 4—Relationship between registration in participating jurisdictions 38D Conditions of registration 38E Suspension or cancellation of registration or disqualification Division 5—Authority conferred by primary or deemed registration 38F Authority conferred by primary or deemed registration Part 4—Veterinary practice Division 1—General offences 39 Prohibition on provision of veterinary treatment for fee or reward by unqualified persons 40 Illegal holding out as veterinary surgeon or specialist 41 Illegal holding out concerning limitations or conditions 42 Use of certain titles or descriptions prohibited 43 Board's approval required where veterinary surgeon has not practised for 3 years 44 Veterinary surgeon to be indemnified against loss 45 Information relating to claim against veterinary surgeon to be provided Division 2—Provisions for avoidance of conflicts of interest 46 Interpretation 47 Veterinary surgeon or prescribed relative to inform Board of interests in prescribed businesses 48 Veterinary surgeon to inform client of interests in prescribed businesses 49 Offence to give, offer or accept benefit for recommendation or prescription Division 3—Veterinary services providers 50 Information to be given to Board by veterinary services provider 51 Improper directions etc to veterinary surgeon by veterinary services provider Division 4—Veterinary hospitals 52 Illegal holding out of facility as veterinary hospital 53 Accreditation by Board of facility as veterinary hospital 54 Requirement to inform Board on becoming owner or occupier of facility accredited as veterinary hospital Part 5—Investigations and proceedings Division 1—Preliminary 55 Interpretation Division 2—Investigations 56 Powers of inspectors 57 Offence to hinder etc inspector 58 Offences by inspectors Division 3—Medical fitness 59 Obligation to report medical unfitness of veterinary surgeon 60 Medical fitness of veterinary surgeon Division 4—Disciplinary action 61 Cause for disciplinary action 62 Hearing by Tribunal as to matters constituting grounds for disciplinary action 63 Constitution of Tribunal Part 6—Reviews 66 Review by Tribunal 67 Variation or revocation of conditions imposed by Tribunal Part 7—Miscellaneous 68 False or misleading statement 69 Procurement of registration by fraud 70 Victimisation 71 Self-incrimination and legal professional privilege 72 Punishment of conduct that constitutes offence 74 Confidentiality 75 Arrangements between the Board and interstate registration authorities 75A Notification of disciplinary action to interstate registration authorities 76 Evidentiary provision 77 Service 78 Variation or revocation of notices 79 Regulations Schedule—Transitional provisions 2 Transitional provisions relating to Board 3 Transitional provisions relating to registration 4 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Veterinary Practice Act 2003. 3—Interpretation (1) In this Act, unless the contrary intention appears— appropriate register means— (a) the general register; or (b) the specialist register, as the case may require; artificial breeding procedure includes artificial insemination, collection of ova, embryos or semen, implantation of embryos and in vitro fertilisation; beneficiary includes an object of a discretionary trust; Board means the Veterinary Surgeons Board of South Australia (see Part 2); corresponding law means a law of another jurisdiction recognised by the regulations as a corresponding law under this Act; corresponding specialty, in relation to a specialty, means— (a) a specialty under a corresponding law of the same name as the specialty; or (b) a specialty under a corresponding law declared by the Board, by notice in the Gazette, to correspond to the specialty; deemed registration means registration under section 38A; director of a body corporate means a member of the board or committee of management of the body corporate, whether validly appointed or not; equipment includes appliances, instruments, dressings and substances used for the purposes of veterinary treatment; general register—see Part 3 Division 1; health professional means— (a) a person who is registered in this State as a medical practitioner; or (b) a person who is registered in this State as a psychologist; or (c) any other person who belongs to a profession, or who has an occupation, declared by the Board, by notice in the Gazette, to be a profession or occupation within the ambit of this definition; inspector means a person authorised by the Board to exercise the powers of an inspector under this Act; interstate registration authority means a person or body having the function of the registration of persons under a corresponding law; jurisdiction means— (a) a State; or (b) a Territory; or (c) an overseas jurisdiction brought within the ambit of this definition by the regulations; legal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia; participating jurisdiction means this State or a jurisdiction in which a corresponding law is in force; primary registration means registration under Part 3 Division 2; proceedings before the Board includes— (a) an application for registration or reinstatement of registration on the general register or specialist register; and (b) an application for accreditation of a facility as a veterinary hospital; provide, in relation to veterinary treatment, means provide treatment personally or through the instrumentality of another, and includes offer to provide; qualified person—see section 39; record means— (a) a documentary record; or (b) a record made by an electronic, electromagnetic, photographic or optical process; or (c) any other kind of record; Registrar means the person holding or acting in the office of Registrar of the Board; registration means primary or deemed registration; repealed Act means the Veterinary Surgeons Act 1985; specialist means a person registered on the specialist register; specialist register—see Part 3 Division 1; specialty means a branch of veterinary practice declared by the Board, by notice in the Gazette, to be a specialty; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; trust—a trust is considered for the purposes of this Act as a single entity consisting of the trustees and the beneficiaries; trust or corporate entity means a trust or a body corporate; unprofessional conduct includes— (a) improper or unethical conduct in relation to professional practice; and (b) incompetence or negligence in relation to the provision of veterinary treatment; and (c) a contravention of or failure to comply with— (i) a provision of this Act; or (ii) a code of conduct or professional standards prepared or endorsed by the Board under this Act; and (d) conduct that constitutes an offence punishable by imprisonment for 1 year or more under some other Act or law; veterinary services provider means a person (not being a veterinary surgeon) who provides veterinary treatment through the instrumentality of a veterinary surgeon; veterinary surgeon means— (a) a person with primary registration under this Act; or (b) a person with deemed registration under this Act who provides veterinary treatment or engages in other conduct as a veterinary surgeon in this State; veterinary treatment means— (a) the diagnosis, treatment or prevention of a disease, injury or condition in an animal; or (b) the administration of an anaesthetic to an animal; or (c) the castration or spaying of an animal; or (d) the carrying out of a prescribed artificial breeding procedure on an animal; or (e) any other act or activity of a kind declared by the regulations to be veterinary treatment, but does not include anything excluded from the ambit of this definition by the regulations. (2) A reference in this Act to unprofessional conduct extends to— (a) unprofessional conduct committed before the commencement of this Act; and (b) unprofessional conduct committed within or outside South Australia or the Commonwealth. (3) A reference in this Act to veterinary treatment (except in section 38F) extends, when used in connection with a veterinary surgeon, to all advice, attendances, services, procedures and operations given in the course of the practice of veterinary surgery or veterinary medicine. (4) Without limiting the generality of the expression, a person who is not a veterinary surgeon will be taken to provide veterinary treatment through the instrumentality of a veterinary surgeon if that person, in the course of carrying on a business, provides services to the veterinary surgeon for which the person is entitled to receive a share in the profits of the veterinary surgeon's veterinary practice. (5) For the purposes of this Act, a person occupies a position of authority in a trust or corporate entity if the person— (a) in the case of a body corporate— (i) is a director of the body corporate; or (ii) exercises, or is in a position to exercise, control or substantial influence over the body corporate in the conduct of its affairs; or (iii) manages, or is to manage, the business of the body corporate that consists of the provision of veterinary treatment; or (iv) where the body corporate is a proprietary company—is a shareholder in the body corporate; or (b) in the case of a trust—is a trustee or beneficiary of the trust. (6) However— (a) a minor who is a shareholder in a proprietary company, or a beneficiary under a trust, is not, for that reason, to be regarded as a person occupying a position of authority; and (b) a charitable organisation that is a beneficiary of a trust is not, for that reason, to be regarded as occupying a position of authority in the trust. (7) For the purposes of this Act, a person who holds more than 10 per cent of the issued share capital of a public company will be regarded as a person occupying a position of authority in that company. (8) For the purposes of this Act, a reference to disqualification from registration under a corresponding law is a reference to any form of prohibition from general or specialist registration or registration in a corresponding speciality under the corresponding law. 4—Medical fitness to provide veterinary treatment A person or body must, in making a determination under this Act as to a person's medical fitness to provide veterinary treatment, have regard to the question of whether the person is able to provide veterinary treatment personally to an animal without endangering the animal's health, safety or welfare. Part 2—Veterinary Surgeons Board of South Australia Division 1—Continuation of Board 5—Continuation of Board (1) The Veterinary Surgeons Board continues in existence as the Veterinary Surgeons Board of South Australia. (2) The Board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) is capable of suing and being sued in its corporate name; and (d) has all the powers of a natural person that are capable of being exercised by a body corporate; and (e) has the functions and powers assigned or conferred by or under this Act. (3) If a document appears to bear the common seal of the Board, it will be presumed, in the absence of proof to the contrary, that the common seal of the Board was duly affixed to the document. Division 2—Membership 6—Composition of Board (1) The Board consists of 8 members appointed by the Governor of whom— (a) 1 must be a veterinary surgeon nominated by the South Australian Division of The Australian Veterinary Association; and (b) 6 must be persons nominated by the Minister and of these— (i) 1 (the presiding member) must be a legal practitioner; and (ii) 3 must be veterinary surgeons of whom at least— (A) 1 must have experience or knowledge relating to animals used for primary production or horses; and (B) 1 must have experience or knowledge relating to other animals; and (iii) 2 must be persons (not being veterinary surgeons) of whom at least 1 must have experience or knowledge relating to animal health, safety and welfare; and (c) 1 must be a veterinary surgeon engaged in teaching veterinary science nominated by the Council of The University of Adelaide. (2) At least 1 of the members of the Board nominated by the Minister must be a woman and at least 1 must be a man. (3) The Governor may appoint a person to be a deputy of a member and a person so appointed may act as a member of the Board in the absence of the member. (4) The requirements of qualification and nomination made by this section in relation to the appointment of a member extend to the appointment of a deputy of that member. (5) If a body fails to make a nomination within a period specified by the Minister, the Governor may appoint a person nominated by the Minister and the person so appointed will be taken to have been appointed after due nomination under this section. 7—Terms and conditions of membership (1) A member of the Board will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment. (2) The Governor may remove a member of the Board from office— (a) for breach of, or non-compliance with, a condition of appointment; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (3) The office of a member of the Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (d) ceases to satisfy the qualification by virtue of which the member was eligible for appointment to the Board; or (e) is removed from office under subsection (2). (4) If a member of the Board is a member constituting the Board for the purposes of any proceedings under Part 5 Division 3 and the member's term of office expires before those proceedings are completed, the member may, for the purpose of continuing and completing those proceedings, continue to act as a member of the Board. 8—Vacancies or defects in appointment of members An act or proceeding of the Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 9—Remuneration A member of the Board is entitled to remuneration, allowances and expenses determined by the Governor. Division 3—Registrar and staff 10—Registrar (1) There will be a Registrar of the Board. (2) The Registrar will be appointed by the Board on terms and conditions determined by the Board. 11—Staff (1) There will be such staff of the Board as the Board thinks necessary for the proper performance of its functions. (2) A member of the staff of the Board is not, as such, a member of the Public Service, but the Board may employ a person who is on leave from employment in the Public Service or with an instrumentality or agency of the Crown. (3) The Board may, with the approval of the Minister administering an administrative unit of the Public Service, make use of the services, facilities or officers of that unit. Division 4—General functions and powers 12—Objects The Board must exercise its functions under this Act with the object of protecting animal health, safety and welfare and the public interest by achieving and maintaining high professional standards both of competence and conduct in the provision of veterinary treatment in this State. 13—Functions (1) The functions of the Board are as follows: (a) to recognise courses of education or training that provide qualifications for registration on the general register or the specialist register; (b) to determine the requirements necessary for registration on the general register or the specialist register; (c) to determine the specialties in which a person may be registered on the specialist register; (d) to establish and maintain the registers contemplated by this Act; (e) to prepare or endorse codes of conduct and professional standards for veterinary surgeons; (f) to prepare or endorse guidelines on continuing education for veterinary surgeons; (g) to establish administrative processes for handling complaints received against veterinary surgeons or veterinary services providers (which may include processes under which the veterinary surgeon or veterinary services provider voluntarily enters into an undertaking); (h) to provide advice to the Minister as may be appropriate; (i) to carry out other functions assigned to the Board by or under this Act, or by the Minister. (1a) In recognising a course of education or training, the Board may act on the recommendation of the Australasian Veterinary Boards Council Incorporated relating to the course. (2) If the Board prepares or endorses a code of conduct, professional standard or guidelines under subsection (1), the Board must— (a) cause a copy of the code, standard or guidelines to be published in the Gazette and on the Internet; and (c) ensure that a copy of the code, standard or guidelines is kept available for public inspection, without charge and during ordinary office hours, at the office of the Board, (although proof of compliance with paragraphs (a) and (c) is not necessary for the purposes of any proceedings that involve an alleged contravention of or failure to comply with a code of conduct or professional standard). 15—Committees (1) The Board may establish committees— (a) to advise the Board on any matter; or (b) to carry out functions on behalf of the Board. (2) The membership of a committee will be determined by the Board and may, but need not, consist of, or include, members of the Board. (3) The Board will determine who will be the presiding member of a committee. (4) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Board; (b) insofar as a procedure is not determined under paragraph (a)—as determined by the committee. 16—Delegations (1) The Board may delegate any of its functions or powers under this Act other than— (a) this power of delegation; and (b) the power of the Board to hear and determine proceedings regarding medical fitness under Part 5 Division 3. (2) A delegation— (a) may be made— (i) to a member of the Board, the Registrar or an employee of the Board; or (ii) to a committee established by the Board; and (b) may be made subject to conditions and limitations specified in the instrument of delegation; and (c) is revocable at will and does not derogate from the power of the Board to act in a matter. Division 5—Procedures 17—Procedures (1) Subject to this Act, 5 members constitute a quorum of the Board. (2) One of the members constituting a quorum must be a person who is not a veterinary surgeon. (3) A meeting of the Board (other than for the purposes of hearing and determining proceedings regarding medical fitness under Part 5 Division 3) will be chaired by the presiding member or, in his or her absence, by the deputy presiding member, and, in the absence of both the presiding member and the deputy presiding member, the members present at a meeting of the Board must choose one of their number to preside at the meeting. (4) A decision carried by a majority of the votes cast by members of the Board at a meeting is a decision of the Board. (5) Each member present at a meeting of the Board has one vote on any question arising for decision and, except in hearing and determining proceedings regarding medical fitness under Part 5 Division 3, the member presiding at the meeting may exercise a casting vote if the votes are equal. (6) A conference by telephone or other electronic means between the members of the Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (7) A proposed resolution of the Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, telegram, telex, facsimile transmission, electronic mail or other written communication setting out the terms of the resolution. (8) However, subsections (6) and (7) do not apply in relation to the hearing and determination of proceedings regarding medical fitness under Part 5 Division 3 by the Board as constituted for the purposes of proceedings under that Division. (9) The Board must have accurate minutes kept of its meetings. (10) Subject to this Act, the Board may determine its own procedures. 18—Application of Public Sector (Honesty and Accountability) Act (1) The Public Sector (Honesty and Accountability) Act 1995 applies to a member of a committee of the Board as if the committee were an advisory body and the Minister responsible for the administration of this Act were the relevant Minister. (2) A member of the Board or a committee of the Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in a matter that is shared in common with veterinary surgeons generally, or a substantial section of veterinary surgeons. 19—Powers in relation to witnesses etc (1) For the purposes of proceedings before the Board regarding medical fitness under Part 5 Division 3, the Board may— (a) by summons signed on behalf of the Board by a member of the Board or the Registrar, require the attendance before the Board of any person whom the Board thinks fit to call before it; or (b) by summons signed on behalf of the Board by a member of the Board or the Registrar— (i) require the production of any relevant records, documents or equipment (including written records that reproduce in a readily understandable form information kept by computer, microfilm or other process); and (ii) in the case of a document or record that is not in the English language—require the production of a written statement in the English language of the contents of the document or record; or (c) inspect any documents, records or equipment produced before it, and retain them for such reasonable period as it thinks fit, and make copies of the documents or records or their contents; or (d) require any person to make an oath or affirmation (which may be administered by the Registrar or any member of the Board) to answer truthfully questions put by any member of the Board or any person appearing before the Board; or (e) require any person appearing before the Board (whether summoned to appear or not) to answer any questions put by any member of the Board or by any person appearing before the Board. (2) On receipt of an application for the issue of a summons under this section, a member or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board. (3) A person who— (a) fails without reasonable excuse to comply with a summons issued to attend, or to produce documents, records or equipment, before the Board; or (b) having been served with a summons to produce a written statement of the contents of a document or record in the English language fails, without reasonable excuse, to comply with the summons or produces a statement that he or she knows, or ought to know, is false or misleading in a material particular; or (c) misbehaves before the Board, wilfully insults the Board or one or more of the members in the exercise of the member's official duties, or interrupts the proceedings of the Board; or (d) refuses to be sworn or to affirm, or refuses or fails to answer truthfully a relevant question when required to do so by the Board, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 6 months. (4) A person who appears as a witness before the Board has the same protection as a witness in proceedings before the Supreme Court. 20—Power to require medical examination or report (1) The Board may, for any purpose associated with the administration or operation of this Act, require a veterinary surgeon or a person who is applying for registration or reinstatement of registration as a veterinary surgeon to— (a) submit to an examination by a health professional, or by a health professional of a class, specified by the Board; or (b) provide a medical report from a health professional, or from a health professional of a class, specified by the Board, (including an examination or report that will require the person to undergo some form of medically invasive procedure). (2) If a veterinary surgeon fails to comply with a requirement made under subsection (1), the Board may suspend the person's registration until further order of the Board. 21—Principles governing proceedings In any proceedings before the Board under this Act, the Board— (a) is not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and (b) must act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms. 22—Representation at proceedings A party to proceedings before the Board is entitled to be represented at the hearing of those proceedings. 23—Costs (1) The Board may award such costs against a party to proceedings as the Board considers just and reasonable. (2) A party who is dissatisfied with the amount of the costs fixed by the Board may request a Master of the Supreme Court to tax the costs and, after taxing the costs, the Master may confirm or vary the amount of the costs fixed by the Board. (3) Subject to this section, costs awarded by the Board under this section may be recovered as a debt. Division 6—Accounts, audit and annual report 24—Accounts and audit (1) The Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year. (2) The accounts must be audited at least once in every year by an auditor approved by the Auditor-General and appointed by the Board. (3) The Auditor-General may at any time audit the accounts of the Board. 25—Annual report (1) The Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the financial year ending on the preceding 30 June. (2) The report must incorporate the audited accounts of the Board for the relevant financial year. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Part 3—Registration of veterinary surgeons Division 1—Registers 26—Registers (1) The Registrar must keep the following registers: (a) a general register; (b) a specialist register; (c) a register of persons who have been removed from the general register or specialist register or a particular specialty under this Act or any other Act or law or former Act or law; (d) a register of persons whose deemed registration under this Act has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration under this Act. (2) The registers may be kept in conjunction with 1 or more registers kept under corresponding laws. 28—General and specialist registers (1) A person cannot be on the specialist register unless the person is also on the general register. (2) The general and specialist registers must include, in relation to each person with primary registration under this Act— (a) the person's full name and business address; and (b) the qualifications for registration held by the person; and (c) in the case of a person registered on the specialist register, the specialty in which the person is registered; and (d) particulars of any limitation or condition of the person's registration; and (da) particulars of any decision of the Board— (i) waiving or modifying restrictions, limitations or conditions imposed on the person's registration under a corresponding law; or (ii) waiving any suspension, cancellation or disqualification imposed on the person's registration or the person under a corresponding law, (being a registration that is deemed registration under this Act); and (e) information prescribed by the regulations, and may include other information as the Board thinks fit. 29—Register of persons removed from general or specialist register The register of persons who have been removed under this Act or any other Act or law or former Act or law from the general register or specialist register or a particular specialty— (a) must not include any person who is dead; (b) must include, in relation to each person on the register, a statement of— (i) the register or specialty from which the person was removed; and (ii) the reason for removal of the person; and (iii) the date of removal; and (iv) in the case of removal consequent on suspension or disqualification—the duration of the suspension or disqualification; (c) must have deleted from it all information relating to any person who has been reinstated on each register or specialty from which the person was removed. 29A—Register of decisions relating to deemed registration The register of persons whose deemed registration under this Act has been affected by a decision of the Board or who have been disqualified by the Board from deemed registration under this Act— (a) must include, in relation to each person on the register— (i) the person's full name and business address; and (ii) the registration or specialty affected by the decision; and (iii) the date of the decision; and (iv) the reasons for and the terms of the decision, including— (A) any conditions imposed by the Board; and (B) any waiver or modification by the Board of restrictions, limitations and conditions imposed under a corresponding law; and (C) any suspension, cancellation or disqualification imposed by the Board; and (D) any waiver by the Board of a suspension, cancellation or disqualification under a corresponding law; and (b) must have deleted from it all information relating to a person if the Board's decision has ceased to be operative. 30—Provisions of general application to registers (1) The Registrar is responsible to the Board for the form and maintenance of the registers. (2) The Registrar must correct an entry in a register that is not, or has ceased to be, correct. (3) The registers must be kept available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may be made available to the public by electronic means. (4) A person may, on payment of the prescribed fee, obtain a copy of any part of a register kept under this Act. (5) A certificate stating that a person was, or was not, registered on the general register or specialist register or in a particular specialty under this Act at a particular date or during a particular period and purporting to be signed by the Registrar will, in the absence of proof to the contrary, be accepted in legal proceedings (including proceedings before the Tribunal) as proof of the registration, or of the fact that the person was not so registered, on the date or during the period stated in the certificate. 31—Requirement to inform Board of changes A veterinary surgeon must, within 3 months after changing his or her name or personal or business address, inform the Board in writing of the change. Maximum penalty: $250. Division 2—Primary registration 32—Registration of natural persons on general or specialist register (1) Subject to this Act, a natural person is eligible for registration on the general register, and a person registered on the general register is eligible for registration on the specialist register in a particular specialty, if the person, on application to the Board, satisfies the Board that— (a) he or she— (i) has qualifications recognised by the Board for the purposes of registration on the register or in the specialty to which the application relates; and (ii) has met the requirements determined by the Board to be necessary for the purposes of registration on that register or in that specialty; and (iii) is medically fit to provide veterinary treatment as a veterinary surgeon; and (iv) is a fit and proper person to be registered on that register or in that specialty; and (b) he or she is, unless exempted by the Board, insured in a manner and to an extent approved by the Board against civil liabilities that might be incurred by the person in the course of providing veterinary treatment as a veterinary surgeon; and (c) he or she has, or proposes to have, his or her principal place of residence in this State. (2) If a person who applies for registration, or reinstatement of registration, on a particular register or in a particular specialty— (a) does not, in the opinion of the Board, have the necessary qualifications or experience required for registration on that register or in that specialty; or (b) is not, in the opinion of the Board, medically fit to provide veterinary treatment as a veterinary surgeon; or (c) is not, in the opinion of the Board, a fit and proper person to be registered on that register or in that specialty; or (ca) does not, and does not propose to, have his or her principal place of residence in a participating jurisdiction but is visiting, or proposes to visit, this State, the Board may register the person on that register or in that specialty in pursuance of this subsection (limited registration)— (d) in order to enable the person— (i) to do whatever is necessary to become eligible for full registration under this Act; or (ii) to teach or to undertake research or study in this State; or (iii) to provide veterinary treatment or engage in other conduct as a veterinary surgeon while visiting this State; or (e) if, in its opinion, it would otherwise be in the public interest to do so. (3) In registering a person under subsection (2), the Board may impose one or more of the following conditions on the registration: (a) a condition restricting the places or times at which the person may provide veterinary treatment as a veterinary surgeon; (b) a condition limiting the kind of veterinary treatment that the person may provide as a veterinary surgeon; (c) a condition limiting the period during which the registration will have effect; (d) a condition requiring that the person be supervised in the provision of veterinary treatment as a veterinary surgeon by a particular person or by a person of a particular class; (e) such other conditions as the Board thinks fit. (4) If it appears likely to the Registrar that the Board will grant an application for registration, the Registrar may provisionally register the applicant (provisional registration). (5) Provisional registration remains in force until the Board determines the application. (6) The registration by the Board under this Act of a person who was provisionally registered has effect from the commencement of the provisional registration. 33—Application for registration (1) An application for registration must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the registration fee fixed under this Act. (2) An applicant for registration must, if the Board so requires— (a) provide the Board with specified information to enable the Board to determine the application; and (b) verify, by statutory declaration, information furnished for the purposes of the application. (3) The Board may require an applicant for registration— (a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide veterinary treatment as a veterinary surgeon; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (4) The Board may refuse to determine an application for registration until any complaint made against the applicant under a corresponding law has been finally determined. 34—Removal from register or specialty (1) The Registrar must, on application by a veterinary surgeon with registration under this Division, remove the person from the appropriate register or specialty to which the application relates. (2) The Registrar must remove from the appropriate register or specialty a person— (a) who dies; or (b) who ceases to hold a qualification required for registration on that register or in that specialty; or (c) who ceases for any other reason to be entitled to be registered on that register or in that specialty; or (d) whose registration on that register or in that specialty has been suspended or cancelled under this Act (including under section 38E). (3) If a person who is on the specialist register is removed from the general register, the person must also be removed from the specialist register. (4) The Registrar may act under subsection (2) or (3) without giving prior notice to the relevant person. (5) Without limiting subsection (2), the Registrar must suspend the registration of a person if the Tribunal has determined that the registration should be suspended pending the outcome of any disciplinary proceedings under Part 5. (6) If the Board is of the opinion that a person with registration under this Division should instead have registration under a corresponding law because the person's principal place of residence is in another participating jurisdiction, the Board may direct the Registrar to remove the person from the appropriate register. (7) However, before the Board gives a direction under subsection (6), the person must be given at least 28 days notice in writing of the proposed removal and the Board must consider any submissions made in response to the notice. 35—Reinstatement on register or in specialty (1) A person who has been removed from a register or specialty under this Act— (a) on his or her application; or (b) on account of failure to pay the annual practice fee or to furnish the return required under section 36; or (c) on account of the person ceasing to hold a qualification required for registration on that register or in that specialty or otherwise ceasing to be entitled to be registered on that register or in that specialty; or (d) on account of failure to pay a fine imposed on the person by the Tribunal under this Act, may apply to the Board at any time for reinstatement on that register or in that specialty. (2) A person whose registration or registration in a specialty under this Division has been suspended may apply to the Board for reinstatement on the register or in the specialty (but not, in the case of an order for suspension for a specified period made in disciplinary proceedings under Part 5, until after the expiry of that period). (3) A person who has been disqualified from registration or registration in a specialty under this Division may, subject to the terms of the order for disqualification, apply to the Board for reinstatement on the register or in the specialty. (4) An application for reinstatement must— (a) be made to the Board in the manner and form approved by the Board; and (b) be accompanied by the reinstatement fee fixed under this Act. (5) An applicant for reinstatement must, if the Board so requires— (a) provide the Board with specified information to enable the Board to determine the application; and (b) verify, by statutory declaration, information furnished for the purposes of the application. (6) The Board may require an applicant for reinstatement— (a) to submit a medical report or other evidence acceptable to the Board as to the applicant's medical fitness to provide veterinary treatment as a veterinary surgeon; or (b) to obtain additional qualifications or experience specified by the Board before the Board determines the application. (7) Subject to this section, the Board must reinstate on the appropriate register or in a specialty an applicant under this section if satisfied that the applicant is eligible for registration on that register or in that specialty. (8) The Board may refuse to reinstate the applicant on the appropriate register or in a specialty until all complaints (if any) laid against the applicant under this Act have been finally disposed of. 36—Fees and returns (1) Subject to this Act, a person will not be granted registration under this Division, nor will registration under this Division be reinstated, until the registration or reinstatement fee, and the annual practice fee, fixed under this Act have been paid. (2) A person with registration under this Division must, in each calendar year before the date fixed for that purpose by the Board— (a) pay to the Board the annual practice fee fixed under this Act; and (b) furnish the Board with a return, in a form approved by the Board, containing all information specified in the return relating to the provision of veterinary treatment, or the undertaking of any course of continuing veterinary practice education, by the person (in or outside this State) during the preceding year or to any other matter relevant to the person's registration under this Act or a corresponding law. (3) The Board may, without further notice, remove a person who fails to pay the annual practice fee or furnish the required return by the due date from the appropriate registers on which the person is registered. 37—Variation or revocation of conditions of registration (1) The Board may, at any time, on application by a person with registration under this Division, vary or revoke a condition imposed by the Board on the person's registration under this Act. (2) The Registrar and the Minister are entitled to appear and be heard on an application under this section. 38—Contravention of conditions of registration A person who contravenes, or fails to comply with, a condition imposed by the Board under this Act on the person's registration under this Division is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. Division 3—Deemed registration 38A—Recognition of veterinary surgeons registered in other jurisdictions (1) Subject to this Act, a natural person will, in relation to providing veterinary treatment or engaging in other conduct as a veterinary surgeon in this State, be taken to be registered under this Act (referred to in this Act as deemed registration) if— (a) the person's principal place of residence is another jurisdiction; and (b) the other jurisdiction is a participating jurisdiction; and (c) the person is registered under the corresponding law of that other jurisdiction (being registration that corresponds to primary registration under this Act); and (d) the person does not hold primary registration under this Act. (2) For the purposes of subsection (1), a person's principal place of residence includes any jurisdiction which was, in the last 3 months, the person's principal place of residence. (3) A natural person with registration under a corresponding law of a kind recognised by the regulations as corresponding to registration on the specialist register under this Act will be taken to be registered on the specialist register under this Act in each specialty that is a corresponding specialty and in which the person has registration under the corresponding law (insofar as registration under the corresponding law corresponds to primary registration under this Act). 38B—Variation or revocation of conditions of registration (1) The Board may, at any time, on application by a person with deemed registration, vary or revoke a condition imposed by the Board on the person's registration. (2) The Registrar and the Minister are entitled to appear and be heard on an application under this section. 38C—Contravention of conditions of deemed registration A person who contravenes, or fails to comply with, a condition of the person's deemed registration under this Act is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 6 months. Division 4—Relationship between registration in participating jurisdictions 38D—Conditions of registration (1) If, under a corresponding law, a person's registration is or is made subject to a restriction, limitation or condition, the person's registration under this Act is subject to a condition to the same effect. (2) The Board may— (a) on application by the person, waive or modify any such restriction, limitation or condition if it thinks it appropriate in the circumstances; or (b) on its own initiative by written notice to the person, modify any such restriction, limitation or condition if it thinks it necessary to do so for the application of the restriction, limitation or condition in this State. (3) The Board may, on its own initiative by written notice to a person with deemed registration under this Act, impose conditions on the registration if it thinks it appropriate in the circumstances. (4) The Board may stipulate that a waiver or modification is only to apply on the fulfilment of specified conditions. (5) The Registrar and the Minister are entitled to appear and be heard in proceedings under this section. 38E—Suspension or cancellation of registration or disqualification (1) If, under a corresponding law, a person's general or specialist registration or registration in a particular specialty is suspended or cancelled, the registration of the person under this Act is suspended or cancelled on the same terms as apply under the corresponding law. (2) If, under a corresponding law of another participating jurisdiction, a person is disqualified from general registration, specialist registration or registration in a corresponding specialty, the person is disqualified from registration under this Act on the same terms as apply to the disqualification under the corresponding law. (3) The Board may, on application by a person whose registration has been suspended or cancelled under a corresponding law or who has, under a corresponding law, been disqualified from registration, waive the suspension, cancellation or disqualification if it thinks it appropriate in the circumstances. (4) The Board may stipulate that a waiver is only to apply on the fulfilment of specified conditions. (5) The Registrar and the Minister are entitled to appear and be heard in proceedings under this section. (6) The effect of a waiver is as follows: (a) if suspension of registration under a corresponding law is waived by the Board— (i) in the case of a person with primary registration under this Act—the person is taken to be reinstated on the relevant register or in the relevant specialty; (ii) in the case of a person with deemed registration under this Act—Division 3 applies to the registration as if the person's registration under the corresponding law had not been suspended; (b) if cancellation of registration under a corresponding law is waived by the Board— (i) in the case of a person with primary registration under this Act—the person is taken to be reinstated on the relevant register or in the relevant specialty; (ii) in the case of a person with deemed registration under this Act—Division 3 applies to the registration as if the person's registration under the corresponding law had not been cancelled; (c) if disqualification from registration under a corresponding law is waived by the Board— (i) in the case of a person who had primary registration under this Act—the person is taken not to be disqualified; (ii) in the case of a person who had deemed registration under this Act—Division 3 applies to the registration as if the person's registration under the corresponding law had been reinstated and the person were not disqualified. (7) If, as a consequence of a waiver under this section, a person has deemed registration under this Act but does not have registration under a corresponding law, the person must pay to the Board an annual practice fee and furnish the Board with a return as if the person had primary registration under this Act and, if the person fails to do so by the due date, the Board may, by written notice to the person, suspend the person's deemed registration under this Act until the fee is paid or the return furnished (as the case requires). Division 5—Authority conferred by primary or deemed registration 38F—Authority conferred by primary or deemed registration Subject to any restrictions, limitations or conditions imposed under this Act— (a) general registration under this Act authorises the person to provide veterinary treatment; and (b) specialist registration under this Act authorises the person to provide veterinary treatment in the specialty in which he or she is registered or taken to be registered. Part 4—Veterinary practice Division 1—General offences 39—Prohibition on provision of veterinary treatment for fee or reward by unqualified persons (1) A person must not provide veterinary treatment for fee or reward unless, at the time the treatment was provided— (a) the person was a qualified person; or (b) the person provided the treatment through the instrumentality of a qualified person. Maximum penalty: $20 000 or imprisonment for 6 months. (2) Subsection (1) does not apply in relation to— (a) veterinary treatment provided by an employee of the owner of the animal in the course of that employment; or (b) veterinary treatment provided by an unqualified person in prescribed circumstances; or (c) veterinary treatment provided pursuant to an exemption under subsection (3). (3) The Governor may, by proclamation, exempt a person from subsection (1) if of the opinion that good reason exists for doing so in the particular circumstances of the case. (4) An exemption under subsection (3) may be subject to such conditions as the Governor thinks fit. (5) A person who contravenes, or fails to comply with, a condition of an exemption under this section is guilty of an offence. Maximum penalty: $20 000. (6) The Governor may, by proclamation, vary or revoke a proclamation under this section. (7) In this section— qualified person, in relation to veterinary treatment, means a person authorised by or under this Act or any other Act to provide that treatment. 40—Illegal holding out as veterinary surgeon or specialist (1) A person must not hold himself or herself out as a veterinary surgeon, specialist or particular class of specialist, or permit another person to do so, unless the person has, respectively, general registration, specialist registration, or registration in the relevant specialty, under this Act. Maximum penalty: $20 000 or imprisonment for 6 months. (2) A person must not hold out another as a veterinary surgeon, specialist or particular class of specialist unless the other person has, respectively, general registration, specialist registration, or registration in the relevant specialty, under this Act. Maximum penalty: $20 000 or imprisonment for 6 months. 41—Illegal holding out concerning limitations or conditions (1) A person whose registration under this Act is limited or subject to a condition must not hold himself or herself out as having or being taken to have a registration that is not limited or not subject to a condition or permit another person to do so. Maximum penalty: $20 000 or imprisonment for 6 months. (2) A person must not hold out another whose registration under this Act is limited or subject to a condition as having or being taken to have a registration that is not limited or not subject to a condition. Maximum penalty: $20 000 or imprisonment for 6 months. 42—Use of certain titles or descriptions prohibited (1) A person who does not have general registration, specialist registration or registration in a particular specialty under this Act (as the case requires) must not use a prescribed word, or its derivatives, to describe himself or herself or a service that he or she provides. Maximum penalty: $20 000. (2) A person must not, in the course of advertising or promoting a service that he or she provides, use a prescribed word, or its derivatives, to describe a person who is engaged in the provision of the service but who does not have general registration, specialist registration or registration in a particular specialty under this Act (as the case requires). Maximum penalty: $20 000. (3) In this section— prescribed word means— (a) in relation to general or specialist registration under this Act— (i) veterinary surgeon; or (ii) veterinary practitioner; or (b) in relation to registration in a particular specialty under this Act— (i) the words comprising the name of the specialty; or (ii) the words comprising the name under a corresponding law of a corresponding specialty; or (c) any other word or expression prescribed by the regulations. 43—Board's approval required where veterinary surgeon has not practised for 3 years (1) A veterinary surgeon who has not provided veterinary treatment (whether in or outside the State) for a period of 3 years or more must not provide veterinary treatment for fee or reward without first obtaining the approval of the Board. Maximum penalty: $20 000. (2) The Board— (a) may, before granting its approval under subsection (1), require the applicant to obtain qualifications or experience specified by the Board and for that purpose may require the applicant to undertake a specified course of instruction or training in veterinary treatment; and (b) may impose one or more of the following conditions on the applicant's registration under this Act: (i) a condition restricting the places and times at which the applicant may provide veterinary treatment; (ii) a condition limiting the kind of veterinary treatment that the applicant may provide; (iii) a condition requiring that the applicant be supervised in the provision of veterinary treatment by a particular person or by a person of a particular class; (iv) such other conditions as the Board thinks fit. 44—Veterinary surgeon to be indemnified against loss (1) A veterinary surgeon must not, unless exempted by the Board, provide veterinary treatment for fee or reward unless insured in a manner and to an extent approved by the Board against civil liabilities that might be incurred by him or her in the course of providing veterinary treatment. Maximum penalty: $10 000. (2) The Board may, subject to such conditions as it thinks fit, exempt a person, or a class of persons, from the requirements of this section and may, whenever it thinks fit, revoke an exemption or revoke or vary the conditions under which an exemption operates. 45—Information relating to claim against veterinary surgeon to be provided If a person has claimed damages or other compensation from a veterinary surgeon or other person for alleged negligence committed by the veterinary surgeon in the course of providing veterinary treatment, the veterinary surgeon must— (a) within 30 days after the claim is made; and (b) within 30 days after any order is made by a court to pay damages or other compensation in respect of that claim or any agreement has been entered into for payment of a sum of money in settlement of that claim (whether with or without a denial of liability), provide the Board with prescribed information relating to the claim. Maximum penalty: $10 000. Division 2—Provisions for avoidance of conflicts of interest 46—Interpretation (1) In this Division— benefit means money or any property that has a monetary value; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; prescribed business means a business consisting of or involving— (a) the provision of a veterinary service; or (b) the manufacture, sale or supply of a veterinary product; prescribed relative, in relation to a veterinary surgeon, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the veterinary surgeon; spouse—a person is the spouse of another if they are legally married; veterinary product means— (a) a veterinary pharmaceutical product; or (b) any other product declared by the regulations to be a veterinary product for the purposes of this Division; veterinary service means— (a) veterinary treatment, veterinary pathology or veterinary pharmaceutical services; or (b) veterinary hospital services; or (c) any other service declared by the regulations to be a veterinary service for the purposes of this Division. (2) Subject to subsection (3), a person has an interest in a prescribed business for the purposes of this Division if the person is likely to derive a financial benefit, whether directly or indirectly, from the profitable conduct of the business. (3) For the purposes of subsection (2)— (a) a financial benefit is not derived by a veterinary surgeon if the benefit consists solely of reasonable fees payable to the veterinary surgeon for treatment provided to animals by the veterinary surgeon; and (b) a person does not have an interest in a prescribed business that is carried on by a public company if the interest consists only of a shareholding in the company of less than 5 per cent of the issued share capital of the company. 47—Veterinary surgeon or prescribed relative to inform Board of interests in prescribed businesses (1) A veterinary surgeon or prescribed relative of a veterinary surgeon who has an interest in a prescribed business must— (a) in the case of an interest that came into existence before the commencement of this section—within 1 month after the commencement of this section; or (b) in any other case—within 1 month after the interest comes into existence, give to the Board prescribed information relating to the interest and the manner in which it arose. Maximum penalty: $20 000. (2) A veterinary surgeon or prescribed relative of a veterinary surgeon who has an interest in a prescribed business must, within 1 month after a change in the nature or extent of the interest, give to the Board prescribed information relating to the change. Maximum penalty: $20 000. (3) The Board must keep a record of information provided to the Board under this section available for inspection, on payment of the prescribed fee, by any person during ordinary office hours at the office of the Board and may make the record available to the public by electronic means. 48—Veterinary surgeon to inform client of interests in prescribed businesses (1) If a veterinary surgeon or prescribed relative of a veterinary surgeon has an interest in a prescribed business, the veterinary surgeon must not— (a) recommend that a veterinary service provided by that business be used in relation to an animal being treated by the veterinary surgeon; or (b) prescribe, or recommend that a veterinary product manufactured, sold or supplied by that business be used in relation to an animal being treated by the veterinary surgeon, unless the veterinary surgeon has informed the person apparently responsible for the animal, in writing, of the interest of the veterinary surgeon or prescribed relative of the veterinary surgeon in that business. Maximum penalty: $20 000. (2) It is a defence to proceedings for an offence against subsection (1) and to a charge of unprofessional conduct for failure to comply with that subsection for the defendant to prove that he or she did not know and could not reasonably have been expected to know that a prescribed relative had an interest in the prescribed business to which the recommendation or prescription that is the subject of the proceedings relates. 49—Offence to give, offer or accept benefit for recommendation or prescription (1) A person must not give, or offer to give, a veterinary surgeon or a prescribed relative of a veterinary surgeon a benefit as an inducement, consideration or reward for the veterinary surgeon— (a) recommending that a veterinary service provided by the person be used in relation to an animal being treated by the veterinary surgeon; or (b) prescribing, or recommending that a veterinary product manufactured, sold or supplied by the person be used in relation to an animal being treated by the veterinary surgeon. Maximum penalty: $20 000. (2) A veterinary surgeon or a prescribed relative of a veterinary surgeon must not accept from any person a benefit offered or given as an inducement, consideration or reward for the veterinary surgeon— (a) recommending that a veterinary service provided by the person be used in relation to an animal being treated by the veterinary surgeon; or (b) prescribing, or recommending that a veterinary product manufactured, sold or supplied by the person be used in relation to an animal being treated by the veterinary surgeon. Maximum penalty: $20 000. Division 3—Veterinary services providers 50—Information to be given to Board by veterinary services provider (1) A veterinary services provider must— (a) in the case of a person who was a veterinary services provider immediately before the commencement of this section—within 60 days of that commencement; and (b) in any other case—within 60 days of becoming a veterinary services provider, give to the Board, in writing— (c) the provider's full name and business or (in the case of a corporation) registered address; (d) the address of the premises at which the provider provides veterinary treatment; (e) the full names and business addresses of the veterinary surgeons through the instrumentality of whom the provider is providing veterinary treatment; (f) if the provider is a trust or corporate entity that has not been exempted by the regulations from the requirements of this paragraph—the full names and addresses of all persons who occupy a position of authority in the trust or corporate entity. Maximum penalty: $10 000. (2) A veterinary services provider must, within 30 days of any change occurring in the particulars required to be given under subsection (1), inform the Board in writing of the change. Maximum penal