Western Australia: Veterinary Practice Act 2021 (WA)

Western Australia Veterinary Practice Act 2021 Western Australia Veterinary Practice Act 2021 Contents Part 1 — Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Act binds Crown 8 Part 2 — Registration of veterinarians and veterinary nurses Division 1 — Applications for registration 5. Application for registration 9 6. Application for renewal of registration 9 7. Board's powers in relation to application 10 8. Refusal of application 11 9. Non‑standard application 11 Division 2 — Requirements for registration 10. General registration as WA veterinarian 12 11. Specialist registration as WA veterinarian 12 12. Honorary registration as WA veterinarian 13 13. Limited registration as WA veterinarian 13 14. Registration as veterinary nurse 15 Division 3 — Grant or renewal of registration 15. Grant of registration 15 16. Interim registration 15 17. Renewal of registration 16 18. Fit and proper person 17 19. Duration of registration 18 20. Registration of WA veterinarians affected by decisions of interstate regulatory authorities 18 Division 4 — Interstate veterinarians 21. Term used: interstate registration 19 22. Registration as interstate veterinarian 19 23. Registration of interstate veterinarians affected by decisions of interstate regulatory authorities 20 Division 5 — Conditions on registration 24. Conditions generally 21 25. Conditions imposed by Board 21 26. Modification or removal of conditions by Board 22 27. Condition of limited registration 23 Division 6 — Cancellation or suspension of registration 28. Cancellation of registration generally 24 29. Cancellation of registration by Board 24 30. Suspension of registration 25 Division 7 — Show cause process and notice of decisions 31. Show cause process for proposed decision 25 32. Notice of decision on registration or renewal of registration 26 33. Notice of decision to impose, modify or remove condition 27 34. Notice of decision to cancel registration 27 Part 3 — Registration of veterinary premises Division 1 — Applications for registration 35. Application for registration 29 36. Application for renewal of registration 29 37. Board's powers in relation to application 30 38. Refusal of application 31 Division 2 — Requirements for registration 39. Requirements for registration of premises 31 Division 3 — Grant or renewal of registration 40. Grant of registration 32 41. Interim registration 32 42. Renewal of registration 33 43. Duration of registration 34 Division 4 — Conditions on registration 44. Conditions generally 34 45. Conditions imposed by Board 35 46. Modification or removal of conditions by Board 36 Division 5 — Cancellation of registration 47. Cancellation of registration by Board 36 Division 6 — Show cause process and notice of decisions 48. Show cause process for proposed decision 37 49. Notice of decision on registration or renewal of registration 38 50. Notice of decision to impose, modify or remove condition 39 51. Notice of decision to cancel registration 39 Part 4 — The register 52. Register to be kept 40 53. Information to be recorded in register 40 54. Information about interstate veterinarians 42 55. Inspection of, and obtaining information from, register 42 Part 5 — Offences Division 1 — Practice of veterinary medicine 56. Carrying out acts of veterinary medicine 44 57. Employing or engaging persons to carry out acts of veterinary medicine 45 58. Undue influence 47 Division 2 — Conditions of registration or authorisation 59. Contravention of conditions 48 Division 3 — Carrying on a veterinary practice business 60. Veterinary practice businesses to be carried on at or from veterinary premises 48 Division 4 — False representations and use of words and abbreviations 61. False representations about being veterinarian 49 62. False representations about being veterinary specialist 50 63. False representations about being veterinary nurse 51 64. False representations about being authorised person 52 65. Use of certain words and abbreviations 53 Division 5 — Notice requirements 66. Notice about events relevant to person's registration 55 67. Notice about changes of ownership of veterinary practice business 56 68. Notice about change of veterinary supervisor 57 69. Requirements for notice under this Division 57 Part 6 — Immediate action orders 70. Board may make immediate action order 58 71. Show cause process for proposed order 58 72. Notice of immediate action order 59 73. Duration of immediate action order 59 74. Board to take other necessary or appropriate action 60 75. Variation or revocation of immediate action order 60 Part 7 — Complaints and discipline Division 1 — When this Part applies 76. Application of Part 61 77. Application to conduct of veterinarians 61 Division 2 — Key concepts 78. Unprofessional conduct 62 79. Professional misconduct 63 80. Conduct capable of constituting unprofessional conduct or professional misconduct 63 Division 3 — Complaints 81. Making complaint 64 82. Time for complaint 65 83. Respondent to be notified about complaint 65 84. Board may deal with matter as complaint 66 Division 4 — Assessment of complaints 85. Board to assess complaint 67 86. Ways in which Board deals with complaint 67 87. Dismissing complaint 68 Division 5 — Unprofessional conduct Subdivision 1 — Inquiries 88. Inquiry into complaint of unprofessional conduct 69 89. Hearings 69 90. Parties to inquiry 70 91. Evidence and witnesses 70 92. Representation at inquiry 70 93. Evidence and findings in other proceedings 70 94. Inquiry powers 71 95. Failure to comply with direction 72 96. Protection for compliance with direction 73 97. Disruption of inquiry 73 98. Immunity for person performing inquiry functions 74 Subdivision 2 — Dealing with complaint after inquiry 99. Board to decide how to deal with complaint 74 100. Orders following finding by Board 74 Division 6 — State Administrative Tribunal 101. Powers of Tribunal to deal with complaint 75 102. Orders following finding by Tribunal 75 103. Interlocutory or interim orders 76 104. Board to give effect to orders of Tribunal 77 Division 7 — Other matters 105. Examples of conditions 77 106. Records of action taken by Board 78 107. Order to pay costs and expenses of investigation or inquiry 78 108. Notice of decisions or orders under this Part 79 Part 8 — Investigation Division 1 — Inspectors 109. Designation of inspectors 80 110. Identity card 80 111. Production or display of identity card 80 Division 2 — Investigation 112. Direction to conduct investigation 81 113. Entry powers 81 114. Powers after entering premises 82 115. Powers to obtain information 83 116. Failure to comply with direction 85 117. Obstruction 86 118. Assistance to person entering premises 86 Division 3 — Entry warrants 119. Application for entry warrant 86 120. Issue of entry warrant 87 121. Duration of entry warrant 87 122. Effect of entry warrant 87 123. Execution of entry warrant 88 Part 9 — Notification of impairment 124. Notification 89 125. Board to give notice of notification 89 126. Board to assess notification 90 127. Ways in which Board deals with notification 91 Part 10 — Health assessments 128. Terms used 93 129. Health assessments 93 130. Show cause process for proposed requirement 94 131. Appointment of assessor 94 132. Report on health assessment 94 133. Copy of report and additional information to be given to veterinary practitioner 95 134. Decision by Board 96 135. Fees of assessor 96 Part 11 — Recording, disclosure or use of information 136. Term used: disclose 98 137. Confidentiality 98 138. Authorised recording, disclosure or use of information 98 139. Disclosure of information by Board to interstate regulatory authority 99 Part 12 — Legal proceedings Division 1 — General provisions about legal proceedings 140. Commencing legal proceedings 101 141. Time limit for commencing prosecutions 101 142. Liability of officers for offence by body corporate 102 144. Act does not affect legal professional privilege 102 145. Recovery of amounts due 102 Division 2 — Evidence in legal proceedings 146. Certain matters taken to be proved 103 147. Evidence of certain matters may be stated in certificate 104 148. Evidence Act 1906 not affected 105 Division 3 — Additional orders 149. Court may make additional orders 105 Division 4 — Review by State Administrative Tribunal 150. Review of certain decisions 106 Part 13 — Veterinary Practice Board of Western Australia Division 1 — Establishment of Board 151. Board established 107 152. Membership of Board 107 153. Chairperson of Board 108 154. Deputy members 109 155. Remuneration and allowances of Board members 110 156. Leave of absence 110 157. Execution of documents by Board 110 Division 2 — Functions, powers and delegation 158. Functions of Board 111 159. Powers of Board 111 160. Delegation by Board 112 Division 3 — Staff 161. Registrar and other staff 113 Division 4 — Accountability provisions 162. Minister may give directions to Board 113 163. Minister to have access to information 114 Division 5 — Constitution and procedures of Board Subdivision 1 — General provisions 164. Term of office 115 165. Vacancy in office 115 166. Minister may fill vacancy in office of elected member in certain circumstances 116 167. Holding meetings 117 168. Meetings generally closed to public 117 169. Quorum 118 170. Presiding at meetings 118 171. Procedure at meetings 118 172. Voting 118 173. Inviting consultant to participate in meeting 118 174. Holding meetings remotely 118 175. Resolution without meeting 119 176. Minutes 119 Subdivision 2 — Committees 177. Establishment of committees 119 178. Membership of committee 119 179. Board may give directions to committee 119 180. Procedures and minutes 120 181. Remuneration and allowances of committee members 120 Subdivision 3 — Disclosure of material personal interests 182. Term used: member 120 183. Disclosure of interests 120 184. Voting by interested member 121 185. Section 184 may be declared inapplicable 121 186. Quorum where s. 184 applies 122 187. Minister may declare s. 184 and 186 inapplicable 122 Division 6 — Financial and reporting provisions 188. Funds of Board 123 189. Borrowing powers 123 190. Accounts and records 124 191. Audit 124 192. Annual report of Board 124 Part 14 — Miscellaneous 193. Arrangements between Board and interstate regulatory authorities 126 194. False or misleading information 126 195. Protection from liability for persons performing functions 127 196. Protection from liability for complainants, notifiers and other persons 127 197. Regulations 128 198. Codes of practice 130 199. Breach of code of practice 131 200. Review of Act 132 Part 15 — Repeals 201. Written laws repealed 133 Part 16 — Transitional and validation provisions Division 1 — Preliminary 202. Terms used 134 Division 2 — Transitional matters Subdivision 1 — Registration, approvals and authorisations 203. Registration of veterinary surgeons and specialists 134 204. Provisional registration of veterinary surgeons 135 205. Registration of bodies corporate ceases 136 206. Veterinary clinics and veterinary hospitals 136 207. Approved veterinary nurses 136 208. Authorised persons 137 209. Applications for registration or approval 137 210. Certificates of registration and approval 138 Subdivision 2 — Investigations, inquiries and proceedings 211. Investigation and inquiries under repealed Act 138 212. Current proceedings before Tribunal 139 Subdivision 3 — The Board 213. Board a continuation of former Board 139 214. Members of former Board go out of office 139 215. Initial membership of new Board 139 216. Staff of former Board 140 217. Current proceedings involving former Board 141 218. Completion of things commenced 141 219. Continuing effect of things done 141 220. First annual report of Board 142 Subdivision 4 — Miscellaneous matters 221. Register 142 222. Certain references to this Act include repealed Act 142 223. Interpretation Act 1984 not affected 142 224. Transitional regulations 143 Division 3 — Validation 225. Validation provision 144 Part 17 — Other Acts amended 226. Animal Welfare Act 2002 amended 145 227. Biosecurity and Agriculture Management Act 2007 amended 146 228. Cat Act 2011 amended 147 229. Constitution Acts Amendment Act 1899 amended 147 230. Dog Act 1976 amended 148 231. Exotic Diseases of Animals Act 1993 amended 149 232. Medicines and Poisons Act 2014 amended 150 233. Oaths, Affidavits and Statutory Declarations Act 2005 amended 151 234. Retail Trading Hours Act 1987 amended 151 235. Sentencing Act 1995 amended 151 236. State Administrative Tribunal Act 2004 amended 152 237. Veterinary Chemical Control and Animal Feeding Stuffs Act 1976 amended 152 Notes Compilation table 154 Defined terms Western Australia Veterinary Practice Act 2021 An Act — * to provide for the regulation of the practice of veterinary medicine in Western Australia; and * to facilitate the regulation of the practice of veterinary medicine on a national basis; and * to repeal the Veterinary Surgeons Act 1960 and the Veterinary Surgeons Regulations 1979; and * to make consequential amendments to various Acts; and * for related purposes. Part 1 — Preliminary 1. Short title This is the Veterinary Practice Act 2021. 2. Commencement This Act comes into operation as follows — (a) Part 1 — on the day on which this Act receives the Royal Assent; (b) the rest of the Act — on a day fixed by proclamation. 3. Terms used In this Act — animal means a vertebrate other than a human; another jurisdiction means another State or a Territory; approved means approved in writing; authorised person means — (a) a person who is authorised by the Board, in accordance with the regulations, to carry out — (i) an act of veterinary medicine; or (ii) an act of veterinary medicine of a prescribed class; or (b) a person of a prescribed class who is authorised by the regulations to carry out — (i) an act of veterinary medicine; or (ii) an act of veterinary medicine of a prescribed class; Board means the Veterinary Practice Board of Western Australia established by section 151(1); Board member means a member of the Board; category, in relation to registration, means — (a) a category listed in section 5(1); or (b) the category of registration as an interstate veterinarian; certificate of registration means — (a) in relation to registration by the Board — a certificate of registration issued by the Board; or (b) in relation to interstate registration — a written form of evidence of interstate registration issued under a corresponding law; chairperson means the chairperson of the Board; committee means a committee established by the Board under section 177(a); complainant has the meaning given in section 81(4)(a); complaint means a complaint made under section 81(1); condition includes a restriction; corresponding law means a law of another jurisdiction that provides for the registration of veterinarians (however described); director has the meaning given in the Corporations Act 2001 (Commonwealth) section 9; disciplinary action means — (a) an order made under Part 7; or (b) an order made in professional disciplinary proceedings by an interstate regulatory authority; document — (a) means any record of information, irrespective of how the information is recorded or stored or able to be recovered; and (b) includes — (i) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and (ii) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; entry warrant means an entry warrant issued under section 120(1); health assessment — (a) means an assessment of a person to determine whether the person has an impairment; and (b) includes a medical, physical, psychiatric or psychological examination or test of the person; immediate action order means an immediate action order made under section 70(1); impairment, in relation to a person, means a physical or mental impairment, disability, condition or disorder (including substance abuse or dependence) that detrimentally affects or is likely to detrimentally affect — (a) if the person is a veterinarian or an applicant for registration as a WA veterinarian — the person's capacity to practise veterinary medicine; or (b) if the person is a veterinary nurse or an applicant for registration as a veterinary nurse — the person's capacity to practise as a veterinary nurse; inquiry means an inquiry into a complaint under section 88(1); inspector means a person who is designated an inspector under section 109(1); interstate registration has the meaning given in section 21; interstate regulatory authority means a regulatory authority of another participating jurisdiction; interstate veterinarian means a person registered under section 22(1) as an interstate veterinarian; investigation means an investigation under Part 8 Division 2; investigative purposes has the meaning given in section 112; medical practitioner means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the medical profession; notification means a notification made under section 124(1); notifier has the meaning given in section 124(3)(a); officer, of a body corporate — (a) means an individual who is an officer, as defined in the Corporations Act 2001 (Commonwealth) section 9, of the body corporate; but (b) does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate; Part 2 application means an application made under Part 2 Division 1 for registration or renewal of registration; Part 3 application means an application made under Part 3 Division 1 for registration or renewal of registration; participating jurisdiction means this State or another jurisdiction in which a corresponding law is in force; personal information has the meaning given in the Freedom of Information Act 1992 in the Glossary clause 1; practice owner — (a) means — (i) in relation to a veterinary practice business — a person who carries on the business; or (ii) in relation to premises — a person who carries on a veterinary practice business at or from the premises; and (b) includes a person who is — (i) a partner in a partnership that carries on a veterinary practice business; or (ii) a director of a body corporate that carries on a veterinary practice business; premises includes the following — (a) land; (b) the whole or part of a building or structure (whether of a permanent or temporary nature); (c) a vehicle; prescribed means prescribed by the regulations; professional misconduct has the meaning given in section 79; psychologist means a person registered under the Health Practitioner Regulation National Law (Western Australia) in the psychology profession; register means the register kept under section 52(1); registered practice owner, for veterinary premises, means the person in whose name the veterinary premises are registered; registrar means the person employed or engaged under section 161(1)(a); registration — (a) in relation to a person — means registration under Part 2 as — (i) a WA veterinarian in 1 or more categories of registration listed in section 5(1); or (ii) an interstate veterinarian; or (iii) a veterinary nurse; or (b) in relation to premises — means registration under Part 3 as veterinary premises; regulatory authority means — (a) in relation to this State — the Board or the Tribunal; or (b) in relation to another participating jurisdiction — a person or body whose functions under a law of that jurisdiction correspond closely to the functions of the Board or the Tribunal under this Act; respondent means a person who is the subject of a complaint; specialty means a branch of veterinary medicine that is — (a) accredited as a specialty under, or in the manner prescribed by, the regulations; or (b) a specialty (however described) under a corresponding law; Tribunal means the State Administrative Tribunal; unprofessional conduct has the meaning given in section 78; veterinarian means — (a) a WA veterinarian; or (b) an interstate veterinarian; veterinary medicine — (a) includes, but is not limited to, the following — (i) diagnosing diseases or physiological conditions in, and injuries to, animals; (ii) medical treatment of animals; (iii) performing surgical procedures on animals; (iv) administering anaesthetics to animals; (v) an act of a kind prescribed as being an act of veterinary medicine; but (b) does not include an act of a kind prescribed as not being an act of veterinary medicine; veterinary nurse means a person registered under Part 2 as a veterinary nurse; veterinary practice business means a business that — (a) involves the practice of veterinary medicine by 1 or more veterinarians; and (b) may supply goods and services relating to the practice of veterinary medicine; veterinary premises means premises registered under Part 3; veterinary specialist means — (a) a person who holds specialist registration as a WA veterinarian; or (b) an interstate veterinarian who holds their interstate registration in a specialty; veterinary supervisor means a WA veterinarian appointed to be the veterinary supervisor for veterinary premises; WA veterinarian means a person registered under Part 2 as a WA veterinarian. [Section 3 amended: No. 7 of 2022 s. 56; No. 9 of 2022 s. 424.] 4. Act binds Crown This Act binds the Crown in right of Western Australia and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Part 2 — Registration of veterinarians and veterinary nurses Division 1 — Applications for registration 5. Application for registration (1) A person may apply to the Board for registration in 1 of the following categories — (a) general registration as a WA veterinarian; (b) specialist registration as a WA veterinarian in a particular speciality; (c) honorary registration as a WA veterinarian; (d) limited registration as a WA veterinarian; (e) registration as a veterinary nurse. (2) The application must — (a) be made in writing in the form approved by the Board; and (b) specify the category of registration that is being applied for; and (c) be accompanied by evidence that the applicant meets the requirements for registration described in Division 2 for the category of registration that is being applied for; and (d) be accompanied by — (i) the prescribed application fee; and (ii) the prescribed registration fee; and (e) comply with the prescribed requirements (if any). 6. Application for renewal of registration (1) A person may apply to the Board for the renewal of registration. (2) The application must — (a) be made in writing in the form approved by the Board; and (b) be made not later than 1 month after the day on which the registration to which it relates expires; and (c) specify the registration to which it relates; and (d) be accompanied by — (i) the prescribed application fee; and (ii) if it is made after the day referred to in paragraph (b) — the prescribed additional fee (which cannot be more than 50% of the prescribed application fee); and (iii) the prescribed registration fee; and (e) comply with the prescribed requirements (if any). 7. Board's powers in relation to application (1) The Board may, by written notice given to an applicant under this Division, require the applicant to do 1 or more of the following — (a) give the Board, within a period specified in the notice, any further information relevant to the application that the Board requires; (b) verify by statutory declaration any information given to the Board; (c) give the Board, within a period specified in the notice, the applicant's written consent to seek, from another person or body specified by the Board, information relevant to the application; (d) attend before the Board, at a place and time specified in the notice, for the purpose of satisfying the Board as to any matter relevant to the application. (2) In addition, the Board may, under section 129(1), require the applicant to undergo a health assessment. 8. Refusal of application (1) The Board may refuse a Part 2 application if — (a) the application is not made in accordance with the requirements of this Division; or (b) the applicant does not comply with a requirement under section 7(1) or 129(1). (2) Subsection (1) does not limit the grounds on which the Board can refuse a Part 2 application. (3) If the Board refuses a Part 2 application, the Board must refund the registration fee that accompanied it. 9. Non‑standard application (1) The Board may determine that a Part 2 application is a non‑standard application if it is satisfied that consideration of the application will require substantially more time and resources than would usually be required for the consideration of a Part 2 application. (2) If the Board makes a determination under subsection (1), it must — (a) give the applicant written notice of the determination; and (b) not give the application further consideration without the written agreement of the applicant. (3) The notice under subsection (2)(a) must — (a) be given as soon as practicable after the making of the determination; and (b) contain short particulars of the reasons for the determination; and (c) give details of any additional fee payable in respect of a non‑standard application; and (d) inform the applicant of the effect of subsection (2)(b) and specify the period within which the applicant's written agreement must be provided to the Board. (4) The regulations may prescribe additional fees payable in respect of non‑standard applications. Division 2 — Requirements for registration 10. General registration as WA veterinarian The requirements for general registration as a WA veterinarian are as follows — (a) the person holds a veterinary qualification recognised by the Board for general registration; (b) the person's principal place of residence is, or is proposed to be, in this State; (c) the person has sufficient physical and mental capacity to practise veterinary medicine competently and safely; (d) the person is sufficiently proficient in the English language, both written and oral, to practise veterinary medicine competently and safely; (e) the person is a fit and proper person to hold registration as a WA veterinarian; (f) the person meets the prescribed requirements (if any) for general registration. 11. Specialist registration as WA veterinarian The requirements for specialist registration as a WA veterinarian in a particular specialty are as follows — (a) the person holds general registration or honorary registration as a WA veterinarian; (b) the person holds a veterinary qualification recognised by the Board for registration in the specialty; (c) the person has sufficient practical experience in the specialty; (d) the person meets the prescribed requirements (if any) for registration in the specialty. 12. Honorary registration as WA veterinarian (1) The requirements for honorary registration as a WA veterinarian are as follows — (a) the person meets the requirements for general registration as a WA veterinarian described in section 10; (b) the person — (i) has standing in the profession of veterinary science that justifies the honorary registration of the person; and (ii) has held registration as a veterinarian for at least 40 years. (2) The reference in subsection (1)(b)(ii) to registration includes registration or authorisation (however described) under — (a) a corresponding law; or (b) a law of another country that deals with the regulation of veterinary medicine (however described). 13. Limited registration as WA veterinarian (1) The requirements for limited registration as a WA veterinarian are as follows — (a) the person seeks registration for a purpose described in subsection (2); (b) the person holds — (i) a veterinary qualification recognised by the Board for limited registration; or (ii) a veterinary qualification that the Board considers equivalent to a qualification recognised under subparagraph (i) or that is otherwise acceptable to the Board; (c) the person has sufficient physical and mental capacity to practise veterinary medicine competently and safely; (d) the person is sufficiently proficient in the English language, both written and oral, to practise veterinary medicine competently and safely; (e) the person is a fit and proper person to hold registration as a WA veterinarian; (f) the person meets the prescribed requirements (if any) for limited registration. (2) A person may be eligible for limited registration as a WA veterinarian for any of the following purposes — (a) to undertake a postgraduate course, or other training, in veterinary medicine in this State; (b) to teach, or demonstrate methods and techniques of, veterinary medicine in this State; (c) to perform in this State a particular veterinary procedure, or procedures of a particular kind, for a limited period; (d) to assist in controlling or managing a veterinary emergency, such as the outbreak of a disease in this State; (e) any other purpose approved by the Board. 14. Registration as veterinary nurse The requirements for registration as a veterinary nurse are as follows — (a) the person holds a qualification in veterinary nursing recognised by the Board; (b) the person has sufficient physical and mental capacity to practise as a veterinary nurse competently and safely; (c) the person is sufficiently proficient in the English language, both written and oral, to practise as a veterinary nurse competently and safely; (d) the person is a fit and proper person to hold registration as a veterinary nurse; (e) the person meets the prescribed requirements (if any) for registration as a veterinary nurse. Division 3 — Grant or renewal of registration 15. Grant of registration The Board, on an application under section 5(1), must grant registration in a particular category if the Board is satisfied that the applicant meets the requirements for registration described in Division 2 for registration in that category. 16. Interim registration (1) The Board, on an application under section 5(1), may grant interim registration in a particular category while assessing whether the applicant meets the requirements described in Division 2 for registration in that category. (2) The Board may only grant interim registration under subsection (1) if satisfied that it is highly likely that the applicant will meet the requirements described in Division 2 for registration in that category. (3) Interim registration granted under subsection (1) has effect until whichever of the following occurs first — (a) the person's application for registration is granted or refused by the Board; (b) the period, not exceeding 3 months, specified in the person's certificate of interim registration expires. 17. Renewal of registration (1) The Board, on an application under section 6(1), must renew the registration of a person in a particular category if the Board is satisfied that the person — (a) continues to meet the requirements described in Division 2 for registration in that category; and (b) is complying with the conditions (if any) to which the person's registration is subject; and (c) has met any requirements for the renewal of registration prescribed in respect of that category of registration. (2) If a person applies under section 6(1) before the day on which the person's registration expires but the Board does not give the person notice of its decision on the application on or before that day, the person's registration is taken to continue in force from that day until the day on which the Board gives the person notice of its decision. (3) If a person does not apply under section 6(1) before the day on which the person's registration expires, the person's registration is taken to continue in force until — (a) the end of the period of 1 month after that day; or (b) if the person applies under section 6(1) within the period referred to in paragraph (a), the day on which the Board gives the person notice of its decision on the application. 18. Fit and proper person In determining whether a person is a fit and proper person to hold registration, the Board must have regard to the following — (a) the person's history of compliance with the following — (i) this Act and the Acts referred to in section 80(c); (ii) a corresponding law; (iii) a law of another country that deals with the regulation of veterinary medicine (however described); (b) any decision under this Act or another Act or law referred to in paragraph (a) to refuse, refuse to renew, suspend or cancel a licence, approval, registration, certification or other authorisation (however described) granted to the person under the Act or law; (c) the person's criminal history to the extent that it is relevant to the person's suitability to practise as a veterinarian or veterinary nurse; (d) any behaviour of the person that shows that the person is not of good fame and character; (e) whether the person has contravened an order of a regulatory authority; (f) whether the person has engaged in conduct that is unprofessional conduct or professional misconduct; (g) whether the person has failed to pay any fines, fees, costs or expenses for which the person is liable under this Act. 19. Duration of registration Subject to this Act, registration of a person (other than interim registration or registration as an interstate veterinarian) has effect for the shorter of the following — (a) the prescribed period; (b) the period (if any) specified in the person's certificate of registration. [Section 19 amended: No. 7 of 2022 s. 57.] 20. Registration of WA veterinarians affected by decisions of interstate regulatory authorities (1) If, under a corresponding law, the registration (however described) of a WA veterinarian is affected by a decision (however described) of an interstate regulatory authority, whether as a result of disciplinary action or otherwise, the registration of the WA veterinarian under this Act is taken to be affected in the same way. (2) Without limiting subsection (1), a decision affects the registration of a WA veterinarian if it has any of the following effects — (a) imposes a condition on registration; (b) modifies or otherwise affects a condition on registration; (c) cancels, suspends or amends registration; (d) reinstates, modifies or otherwise affects registration that is, or was, cancelled or suspended; (e) disqualifies the veterinarian from practising, or applying for registration, as a veterinarian. Division 4 — Interstate veterinarians [Heading inserted: No. 7 of 2022 s. 58.] 21. Term used: interstate registration In this Division — interstate registration means registration, or another form of authorisation, as a veterinarian (however described) under a corresponding law of a participating jurisdiction to practise veterinary medicine (however described) in that jurisdiction. [Section 21 amended: No. 7 of 2022 s. 59.] 22. Registration as interstate veterinarian (1) A person is registered as an interstate veterinarian if — (a) the person holds interstate registration; and (b) the participating jurisdiction in which the person holds interstate registration is — (i) if the participating jurisdiction is a participating jurisdiction under the Mutual Recognition Act 1992 (Commonwealth) section 5(4) but is not a pre‑adoption State under section 4(1) of that Act — the person's home State under section 42A of that Act for the occupation of carrying out veterinary medicine; or (ii) otherwise — the participating jurisdiction in which the person has their principal place of residence or principal place of work in relation to carrying out veterinary medicine; and (c) the person practises veterinary medicine in this State. (2) Subject to section 26, it is a condition of registration under subsection (1) that the person must not carry out an act of veterinary medicine in this State unless the law of the participating jurisdiction in which they hold interstate registration authorises or permits the person to carry out that act in that jurisdiction. [Section 22 inserted: No. 7 of 2022 s. 60.] 23. Registration of interstate veterinarians affected by decisions of interstate regulatory authorities (1) If an interstate veterinarian's interstate registration is affected by a decision (however described) of an interstate regulatory authority, whether as a result of disciplinary action or otherwise, the registration of the interstate veterinarian under section 22 is taken to be affected in the same way. (2) Without limiting subsection (1), a decision affects the registration of an interstate veterinarian if it has any of the following effects — (a) imposes a condition on registration; (b) modifies or otherwise affects a condition on registration; (c) cancels, suspends or amends registration; (d) reinstates, modifies or otherwise affects registration that is, or was, cancelled or suspended; (e) disqualifies the veterinarian from practising, or applying for registration, as a veterinarian. (3) This Act applies in respect of the registration of an interstate veterinarian affected by a decision of an interstate regulatory authority under subsection (1) as if the decision had been made by a regulatory authority of this State. Division 5 — Conditions on registration 24. Conditions generally (1) The registration of a person is subject to any condition that — (a) under section 20(1) or 23(1) is taken to affect the registration; or (b) is imposed by the Board under section 25(1); or (c) is provided for in section 22(2) or 27 or in regulations referred to in subsection (2); or (d) is imposed by an order made under Part 7; or (e) is imposed by an immediate action order. (2) The regulations may provide for — (a) conditions on the registration of a person as a veterinarian or veterinary nurse; and (b) different conditions in relation to registration in different categories. [Section 24 amended: No. 7 of 2022 s. 61.] 25. Conditions imposed by Board (1) The Board may, if it considers there are reasonable grounds for doing so, impose conditions on the registration of a person — (a) when granting or renewing the registration; or (b) during the currency of the registration. (2) Without limiting subsection (1), the following are examples of conditions that can be imposed on a person's registration — (a) a condition requiring the person to complete a specified course of further veterinary education; (b) a condition requiring the person to undertake a specified period of practice or work under specified supervision; (c) a condition requiring the person to do or refrain from doing something in connection with veterinary medicine; (d) a condition requiring the person to undergo specified counselling or medical treatment or to act in accordance with specified medical advice concerning the person; (e) if the person is a veterinarian, a condition requiring that the practice by the person of veterinary medicine, or the person's veterinary practice business — (i) be conducted for a specified period in a specified way or subject to specified conditions; or (ii) be subject to periodic inspection for a specified period. (3) A decision under subsection (1) to impose a condition on a person's registration during the currency of the registration takes effect on the later of the following — (a) the day on which notice of the decision is given to the person under section 33(1); (b) the day (if any) specified in the notice. (4) A condition imposed on the registration of an interstate veterinarian must be — (a) no more onerous than would be imposed on a WA veterinarian under this Act in the same or similar circumstances; and (b) relevant to the practice of veterinary medicine by the interstate veterinarian in this State. 26. Modification or removal of conditions by Board (1) The Board may, if it considers there are reasonable grounds for doing so — (a) in relation to the condition referred to in section 22(2) — (i) modify the condition to authorise the person to carry out an act of veterinary medicine that they would otherwise be prohibited from carrying out under the condition; or (ii) remove the condition; or (b) otherwise — modify or remove another condition imposed on the registration of a person. (2) The Board may exercise the power in subsection (1) — (a) on the application of the person who holds the registration; or (b) on its own initiative. (3) The Board must not exercise the power in subsection (1) in relation to a condition imposed or modified by an interstate regulatory authority without the consent of that authority. (4) A decision under subsection (1) to modify or remove a condition on a person's registration takes effect on the later of the following — (a) the day on which notice of the decision is given to the person under section 33(1); (b) the day (if any) specified in the notice. [Section 26 amended: No. 7 of 2022 s. 62.] 27. Condition of limited registration It is a condition of limited registration as a WA veterinarian that the person — (a) must not practise veterinary medicine other than for the purpose described in section 13(2) for which the registration is granted; and (b) must practise veterinary medicine in this State only. Division 6 — Cancellation or suspension of registration 28. Cancellation of registration generally (1) The registration of a veterinarian may be cancelled in any of the following ways — (a) by a decision of an interstate regulatory authority that under section 20(1) or 23(1) is taken to affect the veterinarian's registration by cancelling it; (b) by a decision of the Board under section 29(1) or (3); (c) by an order made by the Tribunal under Part 7 Division 6. (2) The registration of a veterinary nurse may be cancelled in either of the following ways — (a) by a decision of the Board under section 29(1) or (3); (b) by an order made by the Tribunal under Part 7 Division 6. 29. Cancellation of registration by Board (1) The Board must cancel the registration of a person as soon as possible after the Board becomes aware that the person is not entitled to be registered. (2) A person is not entitled to be registered if — (a) a qualification that enabled the person to gain registration has been withdrawn or cancelled by the body that conferred the qualification; or (b) a qualification that enabled the person to gain registration was forged or fraudulently obtained; or (c) the person is in arrears in respect of fees due and payable under this Act. (3) The Board must cancel the registration of a person at the written request of the person. (4) A decision under subsection (1) or (3) to cancel a person's registration takes effect on the later of the following — (a) the day on which notice of the decision is given to the person under section 34(1); (b) the day (if any) specified in the notice. 30. Suspension of registration (1) The registration of a veterinarian may be suspended in any of the following ways — (a) by a decision of an interstate regulatory authority that under section 20(1) or 23(1) is taken to affect the veterinarian's registration by suspending it; (b) by an order made by the Tribunal under Part 7 Division 6; (c) by an immediate action order. (2) The registration of a veterinary nurse may be suspended in either of the following ways — (a) by an order made by the Tribunal under Part 7 Division 6; (b) by an immediate action order. (3) If a person's registration is suspended, the person is taken not to be registered under this Act, other than for the purposes of Part 5 Division 5 and Part 7, for the period of the suspension. Division 7 — Show cause process and notice of decisions 31. Show cause process for proposed decision (1) This section applies to the following decisions — (a) a decision on a Part 2 application — (i) to refuse to grant or renew registration; or (ii) to grant or renew registration in respect of a category of registration other than the category applied for; (b) a decision under section 25(1) to impose a condition on a person's registration during the currency of the registration; (c) a decision under section 26(1), on the Board's own initiative, to modify a condition on a person's registration. (2) If the Board proposes to make a decision to which this section applies, the Board must give the applicant or person who holds the registration, as the case requires, written notice of the proposed decision. (3) The notice must invite the person to whom it is given to make a written submission to the Board about the proposed decision within a reasonable period specified in the notice. (4) The Board must have regard to any submission made in accordance with the notice in deciding whether to make the proposed decision. 32. Notice of decision on registration or renewal of registration (1) The Board must give the applicant written notice of its decision on a Part 2 application as soon as practicable after making the decision. (2) If the decision is to grant or renew registration, the notice must contain the following — (a) the category of registration granted or renewed; (b) the period for which registration is granted or renewed; (c) the registration number; (d) any conditions imposed by the Board on the registration; (e) if a condition is imposed — (i) the reasons for the imposition of the condition; and (ii) a statement that the applicant may apply under section 150(1) for a review of the decision to impose the condition. (3) If the decision is to refuse to grant or renew registration, the notice must contain the following — (a) the reasons for the decision; (b) a statement that the applicant may apply under section 150(1) for a review of the decision. 33. Notice of decision to impose, modify or remove condition (1) The Board must give a person written notice of any of the following decisions as soon as practicable after making the decision — (a) a decision under section 25(1) to impose a condition on the person's registration during the currency of the registration; (b) a decision under section 26(1) to modify or remove a condition on the person's registration. (2) The notice must contain the following — (a) the reasons for the decision; (b) if the decision is to impose or modify a condition, a statement that the person may apply under section 150(1) for a review of the decision. 34. Notice of decision to cancel registration (1) The Board must give a person written notice of a decision to cancel the person's registration under section 29(1) or (3) as soon as practicable after making the decision. (2) In the case of a decision under section 29(1), the notice must contain the following — (a) the reasons for the decision, with reference to the relevant paragraph of section 29(2); (b) a statement that the person may apply under section 150(1) for a review of the decision. Part 3 — Registration of veterinary premises Division 1 — Applications for registration 35. Application for registration (1) A person who is, or proposes to be, a practice owner in relation to premises may apply to the Board for registration of the premises as veterinary premises. (2) The application must — (a) be made in writing in the form approved by the Board; and (b) specify the premises to which the application relates; and (c) be accompanied by evidence that the applicant and the premises meet the requirements for registration described in Division 2; and (d) be accompanied by — (i) the prescribed application fee; and (ii) the prescribed registration fee; and (e) comply with the prescribed requirements (if any). 36. Application for renewal of registration (1) A person who is the registered practice owner for veterinary premises may apply to the Board for the renewal of registration of the premises. (2) The application must — (a) be made in writing in the form approved by the Board; and (b) be made not later than 1 month after the day on which the registration to which it relates expires; and (c) specify the registration to which it relates; and (d) be accompanied by — (i) the prescribed application fee; and (ii) if it is made after the day referred to in paragraph (b) — the prescribed additional fee (which cannot be more than 50% of the prescribed application fee); and (iii) the prescribed registration fee; and (e) comply with the prescribed requirements (if any). 37. Board's powers in relation to application The Board may, by written notice given to an applicant under this Division, require the applicant to do 1 or more of the following — (a) give the Board, within a period specified in the notice, any further information relevant to the application that the Board requires; (b) verify by statutory declaration any information provided to the Board; (c) agree with the Board as to a mutually convenient time for the inspection of the proposed veterinary premises; (d) give the Board, within a period specified in the notice, the applicant's written consent to seek, from another person or body specified by the Board, information relevant to the application; (e) attend before the Board, at a place and time specified in the notice, for the purpose of satisfying the Board as to any matter relevant to the application. 38. Refusal of application (1) The Board may refuse a Part 3 application if — (a) the application is not made in accordance with the requirements of this Division; or (b) the applicant does not comply with a requirement under section 37. (2) Subsection (1) does not limit the grounds on which the Board can refuse a Part 3 application. (3) If the Board refuses a Part 3 application, the Board must refund the registration fee that accompanied it. Division 2 — Requirements for registration 39. Requirements for registration of premises The requirements for the registration of premises as veterinary premises are as follows — (a) the premises are in a satisfactory condition to be used for carrying on a veterinary practice business; (b) the premises are designed, constructed and equipped in accordance with the prescribed requirements (if any); (c) arrangements for the management, control and operation of the premises, in relation to the practice of veterinary medicine at or from the premises, are in accordance with the prescribed requirements (if any); (d) there is a veterinary supervisor for the premises; (e) the person in whose name the premises will be registered — (i) is, or proposes to be, a practice owner in relation to the premises; and (ii) is not a person who is, according to the Interpretation Act 1984 section 13D, a bankrupt or a person whose affairs are under insolvency laws. Division 3 — Grant or renewal of registration 40. Grant of registration (1) The Board, on an application under section 35(1), must grant registration of premises as veterinary premises if the Board is satisfied — (a) that the requirements for registration described in section 39 are met; or (b) in circumstances where the requirements for registration described in section 39(a), (b) or (c) are not met, that the premises, or the arrangements for the management, control and operation of the premises, can be altered so as to comply with those requirements and that the applicant will make those alterations; or (c) that it is otherwise appropriate for the premises to be registered. (2) Veterinary premises must be registered in the name of the applicant for registration of the premises. 41. Interim registration (1) The Board, on an application under section 35(1), may grant interim registration of premises as veterinary premises while assessing whether the requirements for registration described in section 39 are met. (2) The Board may only grant interim registration under subsection (1) if satisfied that it is highly likely that the requirements for registration described in section 39 will be met. (3) Interim registration granted under subsection (1) has effect until whichever of the following occurs first — (a) the application under section 35(1) is granted or refused by the Board; (b) the period, not exceeding 3 months, specified in the certificate of interim registration for the premises expires. 42. Renewal of registration (1) The Board, on an application under section 36(1), must renew the registration of veterinary premises if — (a) the Board — (i) is satisfied that the requirements for registration described in section 39 are met in respect of the premises; or (ii) is satisfied in terms of section 40(1)(b) or (c) in respect of the premises; and (b) the Board is satisfied that any conditions to which the registration of the premises is subject are being complied with; and (c) the Board is satisfied that the prescribed requirements (if any) are met. (2) The regulations may prescribe different requirements for the purposes of subsection (1)(c) in relation to different kinds of veterinary premises. (3) If a registered practice owner for veterinary premises applies under section 36(1) for the renewal of the registration of the premises before the day on which the registration expires but the Board does not give the registered practice owner notice of its decision on the application on or before that day, the registration is taken to continue in force from that day until the day on which the Board gives the registered practice owner notice of its decision. (4) If a registered practice owner for veterinary premises does not apply under section 36(1) for the renewal of the registration of the premises before the day on which the registration expires, the registration is taken to continue in force until — (a) the end of the period of 1 month after that day; or (b) if the registered practice owner applies under section 36(1) within the period referred to in paragraph (a), the day on which the Board gives the registered practice owner notice of its decision on the application. 43. Duration of registration Subject to this Act, registration of veterinary premises (other than interim registration) has effect for the shorter of the following — (a) the prescribed period; (b) the period (if any) specified in the certificate of registration for the premises. Division 4 — Conditions on registration 44. Conditions generally (1) The registration of veterinary premises is subject to any condition that is — (a) imposed by the Board under section 45(1); or (b) provided for in regulations referred to in subsection (2). (2) The regulations may provide for — (a) conditions on the registration of veterinary premises; and (b) different conditions in relation to different kinds of veterinary premises. 45. Conditions imposed by Board (1) The Board may, if it considers there are reasonable grounds for doing so, impose conditions on the registration of veterinary premises — (a) when granting or renewing the registration; or (b) during the currency of the registration. (2) Without limiting subsection (1), the following are examples of conditions that can be imposed on the registration of veterinary premises — (a) a condition requiring the premises to be used or equipped in a specified way or manner; (b) a condition requiring the premises to be redesigned, reconstructed or altered in a specified way or manner; (c) a condition requiring the premises to be managed, controlled or operated in a specified way or manner; (d) a condition requiring the registered practice owner to do or refrain from doing something in connection with the premises. (3) A decision under subsection (1) to impose a condition on the registration of veterinary premises during the currency of the registration takes effect on the later of the following — (a) the day on which notice of the decision is given to the registered practice owner for the premises under section 50(1); (b) the day (if any) specified in the notice. 46. Modification or removal of conditions by Board (1) The Board may, if it considers there are reasonable grounds for doing so, modify or remove a condition on the registration of veterinary premises. (2) The Board may exercise the power in subsection (1) — (a) on the application of the registered practice owner for the premises; or (b) on its own initiative. (3) A decision under subsection (1) to modify or remove a condition on the registration of veterinary premises takes effect on the later of the following — (a) the day on which notice of the decision is given to the registered practice owner for the premises under section 50(1); (b) the day (if any) specified in the notice. Division 5 — Cancellation of registration 47. Cancellation of registration by Board (1) The Board must cancel the registration of veterinary premises as soon as possible after the Board becomes aware that the premises are not entitled to be registered. (2) Premises are not entitled to be registered if — (a) a veterinary practice business is no longer carried on at or from the premises; or (b) there is no veterinary supervisor for the premises; or (c) the registration of the premises was obtained because of incorrect or misleading information; or (d) fees due and payable under this Act in relation to the premises are in arrears. (3) The Board must cancel the registration of veterinary premises at the written request of the registered practice owner for the premises. (4) The Board may cancel the registration of veterinary premises if satisfied that — (a) the requirements described in section 39 are not substantially met in respect of the premises; or (b) a condition to which the registration is subject has been contravened. (5) A decision under subsection (1), (3) or (4) to cancel the registration of veterinary premises takes effect on the later of the following — (a) the day on which notice of the decision is given to the registered practice owner for the premises under section 51(1); (b) the day (if any) specified in the notice. Division 6 — Show cause process and notice of decisions 48. Show cause process for proposed decision (1) This section applies to the following decisions — (a) a decision on a Part 3 application — (i) to refuse to grant or renew registration; or (ii) to impose a condition on registration; (b) a decision under section 45(1) to impose a condition on the registration of the premises during the currency of the registration; (c) a decision under section 46(1), on the Board's own initiative, to modify a condition on the registration of the premises; (d) a decision under section 47(4) to cancel the registration of the premises. (2) If the Board proposes to make a decision to which this section applies, the Board must give the applicant or person who holds the registration, as the case requires, written notice of the proposed decision. (3) The notice must invite the person to whom it is given to make a written submission to the Board about the proposed decision within a reasonable period specified in the notice. (4) The Board must have regard to any submission made in accordance with the notice in deciding whether to make the proposed decision. 49. Notice of decision on registration or renewal of registration (1) The Board must give the applicant written notice of its decision on a Part 3 application as soon as practicable after making the decision. (2) If a Part 3 application is granted, the notice must contain the following — (a) a description of the premises registered as veterinary premises; (b) the period for which registration is granted or renewed; (c) any conditions imposed by the Board on the registration; (d) if a condition is imposed — (i) the reasons for the imposition of the condition; and (ii) a statement that the applicant may apply under section 150(1) for a review of the decision to impose the condition. (3) If a Part 3 application is refused, the notice must contain — (a) the reasons for the refusal; and (b) a statement that the applicant may apply under section 150(1) for a review of the decision to refuse the application. 50. Notice of decision to impose, modify or remove condition (1) The Board must give the registered practice owner for veterinary premises written notice of any of the following decisions as soon as practicable after making the decision — (a) a decision under section 45(1) to impose a condition on the registration of the veterinary premises during the currency of the registration; (b) a decision under section 46(1) to modify or remove a condition on the registration of the veterinary premises. (2) The notice must contain the following — (a) the reasons for the decision; (b) if the decision is to impose or modify a condition, a statement that the registered practice owner may apply under section 150(1) for a review of the decision. 51. Notice of decision to cancel registration (1) The Board must give the registered practice owner for veterinary premises written notice of a decision to cancel the registration of the veterinary premises under section 47(1), (3) or (4) as soon as practicable after making the decision. (2) In the case of a decision under section 47(1) or (4), the notice must contain the following — (a) the reasons for the decision, with reference to the relevant paragraph of section 47(2) or (4); (b) a statement that the registered practice owner may apply under section 150(1) for a review of the decision. Part 4 — The register 52. Register to be kept (1) The Board must keep an accurate and up‑to‑date register that records — (a) information referred to in section 53 in respect of the following — (i) WA veterinarians; (ii) veterinary nurses; (iii) veterinary premises; and (b) any other information the Board considers appropriate. (2) The register may be kept in any way the Board considers appropriate, including by electronic means, and may form part of registers of veterinarians kept under corresponding laws. 53. Information to be recorded in register (1) The following information must be recorded in the register in respect of each WA veterinarian — (a) the person's name; (b) the town or suburb in which the person's principal place of practice is located and the postcode of that town or suburb; (c) the category of registration that the person holds; (d) the person's registration number; (e) the date of the commencement of the person's registration; (f) any conditions to which the person's registration is subject under section 25(1) or Part 7; (g) if the person holds specialist registration as a WA veterinarian in a particular specialty — that specialty; (h) if the person holds limited registration as a WA veterinarian — the purpose or purposes described in section 13(2) for which the person holds the registration; (i) the title, name, words or letters indicating the person's qualifications in veterinary science or as a veterinarian or a veterinary specialist in a particular specialty; (j) any prescribed information. (2) The following information must be recorded in the register in respect of each veterinary nurse — (a) the town or suburb in which the person's principal place of practice is located and the postcode of that town or suburb; (b) the category of registration that the person holds; (c) the person's registration number; (d) the date of the commencement of the person's registration; (e) any conditions to which the person's registration is subject under section 25(1) or Part 7; (f) the title, name, words or letters indicating the person's qualifications as a veterinary nurse; (g) any prescribed information. (3) If a condition is imposed on the registration of a veterinarian or veterinary nurse because the veterinarian or veterinary nurse has an impairment, the Board must omit from the register any part of the condition that includes the reason for the imposition of the condition or other information in relation to the impairment. (4) The following information must be recorded in the register in respect of veterinary premises — (a) the address of the premises; (b) the name of the practice owner in whose name the premises are registered; (c) the date of the commencement of the registration of the premises; (d) the name of the veterinary supervisor for the premises; (e) any conditions to which the registration of the veterinary premises is subject under section 45(1); (f) any prescribed information. 54. Information about interstate veterinarians Without limiting section 52(1)(b), the following information may be recorded in the register in respect of an interstate veterinarian — (a) the person's name; (b) if the person holds interstate registration in a particular specialty — that specialty; (c) the corresponding law under which the person holds interstate registration; (d) any conditions to which the person's registration is subject; (e) any prescribed information. [Section 54 amended: No. 7 of 2022 s. 63.] 55. Inspection of, and obtaining information from, register (1) The Board — (a) must ensure that the register is available for inspection, free of charge, by memb