{"id":"a-2018-32","name":"Veterinary Practice Act 2018","slug":"veterinary-practice-act-2018","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"32 of 2018","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24445,"registerId":"act-a-2018-32-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the Veterinary Practice Act 2018.\n","sortOrder":0},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘veterinary science—see section 8.’\nmeans that the term ‘veterinary science’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":1},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Objects of Act","content":"6 Objects of Act\nThe object of this Act is to regulate the provision of veterinary\nservices to ensure the following:\n(a) the provision of veterinary services is focussed on the welfare\nand protection of animals;\n(b) veterinary practitioners provide veterinary services\nprofessionally and competently;\n(c) premises at which veterinary services are provided are of an\nacceptable standard;\n(d) veterinary services provided in the ACT comply with standards\nthat—\n(i) are acceptable to the community; and\n(ii) meet national and international trade requirements;\n(e) consumers of veterinary services—\n(i) are well informed about the competencies required of\nveterinary practitioners; and\n(ii) have confidence in accessing veterinary services from\nveterinary practitioners;\n(f) the protection of the health and welfare of people.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of restricted act of veterinary science","content":"7 Meaning of restricted act of veterinary science\nrestricted act of veterinary science means an act of veterinary science\nprescribed by regulation.\n(2) Before an act of veterinary science is prescribed under subsection (1),\nthe Minister must ask the board to advise the Minister whether the act\nshould be prescribed.\n(3) The board must not advise the Minister that an act of veterinary\nscience be prescribed under subsection (1) unless the board considers\nthe act, if carried out on an animal, is likely to—\n(a) cause unacceptable harm or suffering to the animal; or\n(b) adversely affect human health; or\n(c) adversely affect domestic or international trade.\n(4) The Minister must consider the board’s advice in recommending that\nan act of veterinary science be prescribed under subsection (1).\n(5) A regulation must not prescribe an act of veterinary science\nmentioned in schedule 2 (an unrestricted act of veterinary science)\nas a restricted act of veterinary science.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of veterinary science","content":"8 Meaning of veterinary science\nveterinary science means any branch of the science or art of\nveterinary medicine or veterinary surgery and includes the following:\n(a) examining or attending to an animal to diagnose the\nphysiological or pathological condition of the animal;\n(b) giving anaesthetic to, or performing an operation on an animal;\n\n(c) diagnosing pregnancy in an animal;\n(d) carrying out an artificial breeding procedure on an animal that\ninvolves surgery;\n(e) de-antlering deer;\n(f) anything else prescribed by regulation.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of registered veterinary practitioner","content":"9 Meaning of registered veterinary practitioner\nregistered veterinary practitioner means a veterinary practitioner\nregistered under this Act other than a veterinary practitioner whose\nregistration is suspended.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Carrying out restricted act of veterinary science without","content":"10 Carrying out restricted act of veterinary science without\nauthority\n(a) the person carries out a restricted act of veterinary science on an\nanimal; and\n(b) the person is not a registered veterinary practitioner with—\n(i) general registration; or\n(ii) specialist registration.\n\n(3) This section does not apply if—\n(a) the person—\n(i) is a student enrolled in a course of education in veterinary\nsurgery or veterinary science offered by an Australian,\nNew Zealand or other foreign institution that is accredited\nby AVBC or approved by the board; and\nNote AVBC—see the dictionary.\n(ii) is carrying out the restricted act of veterinary science—\n(A) as part of the course of education; and\n(B) under the direct supervision of a registered veterinary\npractitioner; or\n(b) the restricted act of veterinary science is necessary because the\nanimal is in urgent need of veterinary treatment and a registered\nveterinary practitioner holding general registration or specialist\nregistration is unavailable; or\n(c) the person is a prescribed person or the restricted act of\nveterinary science is done in a prescribed circumstance.\nNote Other laws apply to a person who is the owner of an animal (for\nexample, the Animal Welfare Act 1992, s 6B, s 9C and s 19).\nprescribed circumstance means a circumstance prescribed by\nregulation.\nprescribed person means a person prescribed by regulation.\n\n","sortOrder":8},{"sectionNumber":"11","sectionType":"section","heading":"Person pretending to be registered veterinary practitioner","content":"11 Person pretending to be registered veterinary practitioner\n(a) the person pretends to be a registered veterinary practitioner;\nand\n(b) the person is not a registered veterinary practitioner.\n","sortOrder":9},{"sectionNumber":"12","sectionType":"section","heading":"False representation of person as veterinary practitioner","content":"12 False representation of person as veterinary practitioner\nor specialist\n(a) the person represents that a person—\n(i) is a registered veterinary practitioner; or\n(ii) holds a specialist registration; and\n(b) the representation is false.\nExamples—par (a) (i)\nusing the following title or description in relation to the person:\n• animal doctor\n• vet\n• veterinary\n• veterinary practice\n• veterinary practitioner\n• veterinary surgeon\nExample—par (a) (ii)\nusing the title or description of ‘specialist’ in relation to the person\n\n","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":"Unqualified to practise as specialist","content":"13 Unqualified to practise as specialist\n(a) the person carries out a restricted act of veterinary science that\nrequires specialist registration; and\n(b) the person does not hold the required specialist registration.\n","sortOrder":11},{"sectionNumber":"14","sectionType":"section","heading":"Direction to engage in unprofessional conduct","content":"14 Direction to engage in unprofessional conduct\n(a) the person employs a registered veterinary practitioner; and\n(b) the person directs the veterinary practitioner to engage in\nconduct that, if engaged in, would be unsatisfactory professional\nconduct or professional misconduct.\n(2) For subsection (1), a direction by an agent or employee of the\nemployer is taken to be a direction of the employer unless the\nemployer proves that the employer—\n(a) did not have knowledge of the direction; and\n(b) exercised appropriate diligence to prevent the direction.\n\n","sortOrder":12},{"sectionNumber":"15","sectionType":"section","heading":"Restriction on recovery of fees or charges if not","content":"15 Restriction on recovery of fees or charges if not\nregistered\n(1) This section applies if a person carries out a restricted act of\nveterinary science and the person is not—\n(a) a registered veterinary practitioner holding—\n(i) general registration; or\n(ii) specialist registration; or\n(b) the registration holder of registered veterinary premises.\n(2) The person is not entitled to recover any fee or charge for doing the\nrestricted act of veterinary science.\n\n","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration of veterinary","content":"Part 3 Registration of veterinary\npractitioners\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Application","content":"16 Application\n(1) An individual may apply to the board—\n(a) for general registration as a veterinary practitioner; or\n(b) for specialist registration as a veterinary practitioner; or\n(c) if the person does not intend to carry out a restricted act of\nveterinary science—for registration as a non-practising\nveterinary practitioner.\nNote It is an offence for a person registered as a non-practising\nveterinary practitioner to carry out a restricted act of veterinary\nscience (see s 10).\n(2) An application must—\n(b) state the name and address of the applicant; and\n(c) state the class of registration applied for; and\n(d) include complete details about the individual’s qualifications for\nregistration; and\n(e) include complete details of suitability information about the\nindividual; and\n(f) for registration other than registration as a non-practising\nveterinary practitioner—include complete details of insurance\nheld by the applicant required by regulation; and\n\n(g) for a specialist registration—\n(i) state the branch of veterinary science the specialisation\nrelates to; and\n(ii) include the individual’s qualifications for registration; and\n(iii) state any relevant experience held by the applicant; and\n(h) include anything else prescribed by regulation.\nNote 1 For qualifications to hold a registration—see div 3.2.\nNote 2 For suitability requirements to hold a registration—see div 3.3.\nNote 3 It is an offence to make a false or misleading statement, give false or\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Withdrawal of application","content":"17 Withdrawal of application\n(1) An applicant may withdraw an application at any time before the\nboard decides the application.\n(2) If the applicant withdraws the application under subsection (1), the\nboard must refund the application fee (less any processing fee) to the\napplicant.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Board may ask for further information","content":"18 Board may ask for further information\n(1) The board may, before deciding an application for registration, ask\nthe applicant, in writing—\n(a) for additional information in relation to the application; or\n(b) to appear personally before the board to give information about\nthe person’s application.\nNote The board may delegate its power to take information under par (b) (see\ns 108).\n(2) Subsection (1) (b) does not apply if the application for registration is\nmade under the Mutual Recognition Act 1992 (Cwlth).\n\n(3) If the board asks an applicant to give information (whether in person\nor otherwise) to the board, the board may refuse to further consider\nthe application for registration if the applicant does not give the\ninformation.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Decision on application","content":"19 Decision on application\n(1) On application by a person under section 16, the board must—\n(a) register the person; or\n(b) refuse to register the person.\n(2) The board is taken to have refused to register the person if the board\nfails to decide the application within 40 days after the day the board—\n(a) received the application; or\n(b) received the information requested under section 18.\n(3) The board must only register the person if—\n(a) the board is satisfied—\n(i) if the person is applying for registration other than as a non-\npractising veterinary practitioner—the person is covered\nby the insurance required by regulation; and\n(ii) the person is qualified to hold the registration of the kind\napplied for; and\n(b) the person is a suitable person to be registered as a veterinary\n(c) the person satisfies any other prescribed requirement for\nregistration as a veterinary practitioner.\nNote 1 A person may apply for general registration, specialist registration\nor registration as a non-practising veterinary practitioner—see\ns 16.\nNote 2 For qualifications to hold a registration—see div 3.2.\nNote 3 For suitability requirements to hold a registration—see div 3.3.\n\n(4) The board may refuse to register the person if the person’s registration\nas a veterinary practitioner has been suspended or cancelled in\nanother jurisdiction, whether before or after the person applies for\nregistration in the ACT.\n(5) The board must, within 7 days after the day it decides the\n(b) if it registers the person—enter the registration details for the\nperson in the register and give the person a registration\n(6) In this section:\nregistration details, for a person—see section 124 (2).\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Refund of application fees","content":"20 Refund of application fees\nIf the board refuses an application for registration under section 19,\nthe board must refund the application fee (less any processing fee) to\nthe applicant.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Conditions of registration","content":"21 Conditions of registration\n(1) A veterinary practitioner’s registration is subject to the following\nconditions:\n(a) the practitioner undertakes continuing professional\ndevelopment;\n(b) any other condition the board may impose at any time.\nExample—par (b)\nrestriction on prescription of a therapeutic drug\n(2) The board may impose a condition under subsection (1) (b) only if\nsatisfied that the condition is justified having regard to the following:\n(a) the provisions of any law of an Australian jurisdiction affecting\nveterinary practitioners or the practice of veterinary science;\n\n(b) the safety or health of people;\n(c) the health or welfare of animals or a kind of animal;\n(d) damage to the reputation of Australia in relation to animal\nexports, animal welfare, animal produce or sporting events;\n(e) any condition imposed on the veterinary practitioner’s authority\nto practise veterinary science in a State or another jurisdiction\nprescribed by regulation;\n(f) any impairment suffered by the veterinary practitioner.\n(3) Without limiting subsection (2), a condition imposed on registration\nmay require the registered veterinary practitioner to do either or both\nof the following within a stated time:\n(a) undertake and successfully complete an additional academic or\npractical training course;\n(b) demonstrate to the satisfaction of the board—\n(i) a knowledge of the law and ethics relating to the practice\nof veterinary science generally; and\n(ii) in particular, a knowledge of the law and ethics concerning\nthe supply, dispensing, storage and use of poisons and\ntherapeutic substances that are relevant to the practice of\nveterinary science.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Amendment of registration by board on its own initiative","content":"22 Amendment of registration by board on its own initiative\n(1) The board may, at any time and on its own initiative, amend a\nregistration (including by imposing a condition on, or amending an\nexisting condition of, the registration).\n(2) However, the board may amend the registration only if—\n(a) the board has given the registered veterinary practitioner written\nnotice of the proposed amendment; and\n\n(b) the notice states that written comments on the proposal may be\ngiven to the board before the end of a stated period of at least\n14 days after the day the notice is given to the registered\n(c) the board has considered any comments received by the board\nbefore the end of the stated period.\n(3) Subsection (2) does not apply if the person holding the registration\napplied for, or agreed in writing to, the amendment.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Amendment of registration on application","content":"23 Amendment of registration on application\n(1) A registered veterinary practitioner may apply to the board to amend\nthe practitioner’s registration (including by removing or amending a\ncondition of the registration).\n(2) The board may, in writing, require the applicant to give the board\nadditional information or documents that the board reasonably needs\nto decide the application.\n(3) If the applicant does not comply with a requirement under\nsubsection (2), the board may refuse to consider the application.\n(4) In deciding whether to amend the registration, the board may consider\nanything the board may consider under section 19 in relation to an\napplication for registration.\n(5) On application by a registered veterinary practitioner to amend the\npractitioner’s registration, the board must—\n(a) amend the registration in the way applied for; or\n(b) refuse to amend the registration.\n\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Annual renewal of registration","content":"24 Annual renewal of registration\n(1) A registered veterinary practitioner may apply to the board for\nrenewal of the applicant’s registration as a veterinary practitioner at\nany time within 8 weeks before the day the registration ends.\n(2) An application must—\n(b) include complete details of suitability information about the\n(c) include a statement about the continuing professional\ndevelopment undertaken by the practitioner.\n(3) The board must—\n(a) renew the registration if satisfied the person—\n(i) is a suitable person; and\n(ii) has completed the requirements for continuing\nprofessional development; or\n(b) refuse to renew the registration.\nNote For suitability requirements to hold a registration—see div 3.3.\n(4) The board must, within 7 days after the day it decides the\n(b) if it registers the person—give the person a registration\n\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Renewal out of time","content":"25 Renewal out of time\n(1) This section applies if—\n(a) a person was a registered veterinary practitioner; and\n(b) the person’s registration as a veterinary practitioner (the\nprevious registration) was not renewed under section 24; and\n(c) not more than 3 months has passed since the previous\nregistration ended.\n(2) The person may apply to the board to renew the person’s previous\nregistration by giving the board an application (an out of time\napplication) that includes the same matters as an application under\nsection 24 (2).\n(3) The board must deal with the out of time application in the same\nmanner as an application made under section 24.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Term of registration","content":"26 Term of registration\nA person’s registration as a veterinary practitioner—\n(a) in the case of registration under section 19—\n(i) commences—\n(A) on the day the board issues the registration document;\nor\n(B) on the date stated in the registration document; and\n(ii) continues in force for the period of up to 12 months stated\nin the registration document unless the registration is\nsuspended or cancelled before the end of that period; and\n(b) in the case of registration under section 24 or section 25—\n(i) commences on the day after the day the registration that it\nrenews ended; and\n\n(ii) continues in force for a period of 12 months unless the\nregistration is suspended or cancelled before the end of that\nperiod.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Surrender","content":"27 Surrender\n(1) A registered veterinary practitioner may surrender the practitioner’s\nregistration by giving written notice (a surrender notice) of the\nsurrender to the board.\n(2) The surrender notice must be accompanied by—\n(a) the registration document; or\n(b) if the registration document has been lost, stolen or destroyed—\na statement verifying that the registration document has been\nlost, stolen or destroyed.\n(3) The registered veterinary practitioner’s registration is taken to be\ncancelled if the registration is surrendered under this section.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Qualification for general or non-practising registration","content":"28 Qualification for general or non-practising registration\nA person is qualified to hold a general registration or non-practising\nregistration as a veterinary practitioner if the person—\n(a) is a graduate of a course of education in veterinary surgery or\nveterinary science offered by an Australian, New Zealand or\nother foreign institution that is accredited by AVBC or approved\nby the board; or\n(b) has—\n(i) completed a course of education in veterinary surgery or\nveterinary science outside Australia and New Zealand; and\n\nSuitability of people to be registered veterinary practitioners Division 3.3\n(ii) passed an examination held by AVBC.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Qualification for specialist registration","content":"29 Qualification for specialist registration\nFor this Act, a person is qualified to hold a specialist registration as a\nveterinary practitioner if the person—\n(a) holds or is eligible to hold general registration as a veterinary\n(b) has, to the board’s satisfaction, the necessary qualifications and\nexperience to hold the specialist registration.\n","sortOrder":28},{"sectionNumber":"Div 3","sectionType":"division","heading":"3 Suitability of people to be registered","content":"Division 3.3 Suitability of people to be registered\nveterinary practitioners\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Meaning of suitable person","content":"30 Meaning of suitable person\nsuitable person, to be a registered veterinary practitioner, means a\nperson who the board is satisfied is a suitable person to be registered\nas a veterinary practitioner.\n(2) In deciding whether a person is a suitable person to be a registered\nveterinary practitioner, the board must consider the suitability\ninformation about the person.\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Meaning of suitability information","content":"31 Meaning of suitability information\nsuitability information, about a person, means information about the\n(a) any conviction of, or finding of guilt against, the person for an\noffence against 1 or more of the following:\n(i) this Act;\n\nDivision 3.3 Suitability of people to be registered veterinary practitioners\n(ii) a law of another jurisdiction corresponding, or\nsubstantially corresponding, to this Act;\n(iii) the Crimes Act 1900;\n(iv) the Criminal Code;\n(v) the Crimes Act 1914 (Cwlth);\n(vi) the Commonwealth Criminal Code;\n(vii) an animal welfare law;\n(viii) a consumer law;\n(ix) a law of the ACT with a maximum penalty of\nimprisonment for 1 year or more;\n(x) a law elsewhere that, if the offence were committed in the\nACT, would have a maximum penalty of imprisonment for\n1 year or more;\nNote A reference to an Act (including a Commonwealth Act) includes a\nreference to the statutory instruments made or in force under the\nAct, including any regulation (see Legislation Act, s 104).\n(b) any impairment suffered by the person that would prevent the\nperson from doing a restricted act of veterinary science;\n(c) any finding of professional misconduct or unsatisfactory\nprofessional conduct;\n(d) any refusal of an application by the person for registration\n(however described) in relation to the practice of veterinary\nscience;\n(e) whether the person is, or during the previous 5 years was—\n(i) bankrupt or personally insolvent; or\n\nSuitability of people to be registered veterinary practitioners Division 3.3\n(ii) involved in the management of a corporation when the\ncorporation was insolvent.\nNote Bankrupt or personally insolvent—see the Legislation Act,\ndict, pt 1.\nanimal welfare law means any of the following:\n(a) the Animal Welfare Act 1992;\n(b) the Domestic Animals Act 2000;\n(c) the Export Control Act 1982 (Cwlth);\n(d) the Medicines, Poisons and Therapeutic Goods Act 2008;\n(e) the Stock Act 2005;\n(f) a law of another jurisdiction corresponding, or substantially\ncorresponding, to an Act mentioned in paragraph (a), (b), (d)\nor (e).\nconsumer law means any of the following:\n(a) the Australian Consumer Law (ACT) or a corresponding law of\na State;\n(b) the Competition and Consumer Act 2010 (Cwlth);\n(c) the Fair Trading (Australian Consumer Law) Act 1992.\ninsolvent—a corporation is taken to be insolvent if the corporation—\n(a) is being wound up; or\n(b) has had a receiver or other controller appointed; or\n(c) has entered into a deed of company arrangement with its\ncreditors; or\n(d) is otherwise under external administration under the\nCorporations Act, chapter 5.\n\nDivision 3.4 Registration and removal from register\nDivision 3.4 Registration and removal from\nregister\nNote Part 9 sets out requirements for the board in keeping a register under this\nAct.\n","sortOrder":31},{"sectionNumber":"32","sectionType":"section","heading":"Removal of veterinary practitioner from register","content":"32 Removal of veterinary practitioner from register\n(1) The board must remove a veterinary practitioner from the register\nif—\n(a) the veterinary practitioner has died; or\n(b) the veterinary practitioner has requested the board to remove the\npractitioner’s name from the register; or\n(c) the veterinary practitioner has failed to renew the practitioner’s\nregistration under section 24; or\n(d) the ACAT has ordered that the veterinary practitioner’s\nregistration be cancelled.\n(2) The board may remove a veterinary practitioner from the register if—\n(a) the veterinary practitioner does not hold the qualification\nrequired for the registration the veterinary practitioner holds; or\n(b) the veterinary practitioner has failed to meet the continuous\nprofessional development requirements prescribed by\nregulation; or\n(c) the veterinary practitioner’s authority to practise veterinary\nscience has been suspended or cancelled in another jurisdiction;\nor\n(d) the veterinary practitioner has failed to pay a fee or fine under\n\nRegistration and removal from register Division 3.4\n(3) The board must not remove a veterinary practitioner from the register\nunder subsection (2) unless the board has—\n(a) given written notice to the veterinary practitioner of the board’s\nintention to remove the record; and\n(b) given the veterinary practitioner at least 28 days after the day the\nnotice was given under paragraph (a) to make written\nsubmissions in relation to the proposed removal; and\n(c) taken into consideration any submission made under\nparagraph (b).\n\n","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Recognition of veterinary practitioners from other jurisdictions","content":"Part 4 Recognition of veterinary practitioners from other jurisdictions\nPart 4 Recognition of veterinary\npractitioners from other\njurisdictions\n","sortOrder":33},{"sectionNumber":"33","sectionType":"section","heading":"Definitions—Act","content":"33 Definitions—Act\nanother jurisdiction means a State or jurisdiction prescribed by\nregulation.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\ndeemed registration—see section 34 (1).\n","sortOrder":34},{"sectionNumber":"34","sectionType":"section","heading":"Recognition of veterinary practitioners registered in other","content":"34 Recognition of veterinary practitioners registered in other\njurisdictions\n(1) A person who practises as a veterinary practitioner in the ACT is\ntaken to be registered as a veterinary practitioner under this Act\n(deemed registration) if—\n(a) the person’s principal place of residence is in another\njurisdiction; and\n(b) the person is registered as a veterinary practitioner in the other\njurisdiction; and\n(c) the person is not registered as a veterinary practitioner in the\nACT.\nSelina lives in NSW but commutes to the ACT to work as a vet in a veterinary\npractice. Selina is registered as a veterinary practitioner in NSW but not in the\nACT. Selina is deemed to be a registered veterinary practitioner under this Act.\n(2) If the person has specialist registration in a branch of veterinary\nscience (however described) in the jurisdiction in which the person is\nregistered, the person’s deemed registration is taken to be a specialist\nregistration in that branch.\n\nRecognition of veterinary practitioners from other jurisdictions Part 4\n","sortOrder":35},{"sectionNumber":"35","sectionType":"section","heading":"Application of Act to veterinary practitioners with deemed","content":"35 Application of Act to veterinary practitioners with deemed\nregistration\n(1) A person who has deemed registration is taken to be a registered\nveterinary practitioner for this Act and any other territory law.\n(2) However, part 3 (Registration of veterinary practitioners) does not\napply to a person who has deemed registration.\n(3) A reference in this Act to the suspension or cancellation of a\nveterinary practitioner’s registration is, for a person who has deemed\nregistration, taken to be a reference to the suspension or cancellation\nof the person’s deemed registration.\n","sortOrder":36},{"sectionNumber":"36","sectionType":"section","heading":"Condition of deemed registration","content":"36 Condition of deemed registration\n(1) If a person’s registration as a veterinary practitioner in another\njurisdiction is subject to a condition, the person’s deemed registration\nis subject to the same condition.\n(2) The board may—\n(a) on application by the person, waive or vary a condition of the\nperson’s deemed registration if it considers it appropriate in the\ncircumstances; or\n(b) on its own initiative, by written notice given to the person, vary\nor impose a condition on the person’s deemed registration.\n(3) The board may vary or impose a condition on the person’s deemed\nregistration under subsection (2) (b) only if it considers it necessary\nto ensure that the authority conferred by the person’s deemed\nregistration is substantially the same as the authority conferred by the\nperson’s registration in the other jurisdiction.\n\nPart 4 Recognition of veterinary practitioners from other jurisdictions\n","sortOrder":37},{"sectionNumber":"37","sectionType":"section","heading":"Suspension and cancellation of deemed registration","content":"37 Suspension and cancellation of deemed registration\nIf a person’s registration as a veterinary practitioner in another\njurisdiction (including deemed registration, however described) is\nsuspended or cancelled, the board may suspend or cancel the person’s\ndeemed registration in the ACT without further investigation or\nhearing, on the ground on which the registration in the other\njurisdiction was suspended or cancelled.\n","sortOrder":38},{"sectionNumber":"38","sectionType":"section","heading":"ACT becomes principal residence","content":"38 ACT becomes principal residence\n(1) A veterinary practitioner must, within 3 months after the ACT\nbecomes the practitioner’s principal place of residence, apply for\nregistration as a veterinary practitioner under this Act.\n(2) If the veterinary practitioner has deemed registration under this Act,\nthe veterinary practitioner’s deemed registration continues until the\nboard—\n(a) decides the veterinary practitioner’s application; and\n(b) notifies the veterinary practitioner of its decision.\n\nDefinitions and code of professional conduct Division 5.1\nPart 5 Complaints and disciplinary\nproceedings\nDivision 5.1 Definitions and code of professional\nconduct\n39 Meaning of veterinary practitioner—pt 5\nIn this part:\nveterinary practitioner means—\n(a) a registered veterinary practitioner; or\n(b) a person who was, but is no longer, a registered veterinary\npractitioner; or\n(c) a person whose registration as a veterinary practitioner is\nsuspended.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Meaning of professional misconduct","content":"40 Meaning of professional misconduct\nFor this Act, professional misconduct means—\n(a) unsatisfactory professional conduct, or a pattern of\nunsatisfactory professional conduct, of a sufficiently serious\nnature to justify the suspension or cancellation of a veterinary\npractitioner’s registration; or\n(b) any other conduct prescribed by regulation.\n\n","sortOrder":40},{"sectionNumber":"Div 5","sectionType":"division","heading":"1 Definitions and code of professional conduct","content":"Division 5.1 Definitions and code of professional conduct\n","sortOrder":41},{"sectionNumber":"41","sectionType":"section","heading":"Meaning of unsatisfactory professional conduct","content":"41 Meaning of unsatisfactory professional conduct\nFor this Act, unsatisfactory professional conduct, in relation to a\nveterinary practitioner means any of the following:\n(a) engaging in conduct in the veterinary practitioner’s professional\ncapacity that, if repeated or continued, is likely to do any of the\n(i) cause unnecessary suffering to an animal;\n(ii) cause the inappropriate death of an animal;\n(iii) adversely affect the safety or health of any person;\n(iv) damage the international reputation of Australia in relation\nto animal exports, animal welfare, animal produce or\nsporting events;\n(b) contravening a condition of the veterinary practitioner’s\nregistration;\n(c) failing to comply with the veterinary practitioners code of\nprofessional conduct;\nNote The veterinary practitioners code of professional conduct is\nestablished under section 42.\n(d) providing information relating to the veterinary practitioner’s\nqualifications for registration knowing the information to be\nfalse or misleading in a material particular;\n(e) failing to supervise a person adequately in doing an act if\nsupervision by a veterinary practitioner is required by law and\nthe veterinary practitioner agreed to provide that supervision;\n(f) failing to comply with this Act;\n\nDefinitions and code of professional conduct Division 5.1\n(g) engaging in conduct that demonstrates the veterinary\npractitioner—\n(i) is incompetent to practise veterinary science; or\n(ii) lacks adequate knowledge, skill, judgment or care to\npractise veterinary science; or\n(iii) is not fit to practise veterinary science because the\nveterinary practitioner suffers from an impairment;\n(h) engaging in improper or unethical conduct in the course of\npractising veterinary science;\n(i) engaging in any other prescribed conduct.\n","sortOrder":42},{"sectionNumber":"42","sectionType":"section","heading":"Veterinary practitioners code of professional conduct","content":"42 Veterinary practitioners code of professional conduct\n(1) The board must establish a code of conduct for veterinary\npractitioners (a veterinary practitioners code of professional\nconduct) setting out the standards of conduct for veterinary\npractitioners carrying on the practice of veterinary science.\n(2) A veterinary practitioners code of professional conduct may apply,\nadopt or incorporate an instrument as in force from time to time.\n(3) A veterinary practitioners code of conduct may include requirements\nfor continuing professional development of registered veterinary\npractitioners.\n(4) A veterinary practitioners code of professional conduct is a notifiable\ninstrument.\n(5) The Legislation Act, section 47 (6) does not apply to an instrument\napplied, adopted or incorporated under subsection (2).\n\n","sortOrder":43},{"sectionNumber":"43","sectionType":"section","heading":"Who may complain","content":"43 Who may complain\n(1) Any person may make a complaint about a veterinary practitioner on\nany 1 or more of the following grounds:\n(a) the veterinary practitioner has, or may have, engaged in\nunsatisfactory professional conduct;\n(b) the veterinary practitioner has, or may have, engaged in\nprofessional misconduct;\n(c) the veterinary practitioner has, or may have, an impairment that\nmeans the veterinary practitioner is not fit to practise a restricted\nact of veterinary science;\n(d) the veterinary practitioner has, or may have, contravened this\nAct;\n(e) the veterinary practitioner has, or may have, contravened a\ncondition of the veterinary practitioner’s registration or an\nundertaking given by the veterinary practitioner to the board;\n(f) the veterinary practitioner’s registration was, or may have been,\nimproperly obtained because the veterinary practitioner or\nsomeone else gave the board information or a document that was\nfalse or misleading in a material particular;\n\nComplaints Division 5.2\n(g) if the veterinary practitioner is the superintendent of registered\nveterinary premises—the veterinary practitioner has failed to\nmaintain the premises in compliance with a veterinary premises\nstandard.\nExamples—people who may make complaint\n• a member of the public\n• a member of the veterinary profession\nNote A person may also make a complaint to the commission (see Human\nRights Commission Act 2005, s 39).\n(2) If a person makes a complaint under subsection (1)—\n(a) making the complaint is not a breach of—\n(i) confidence; or\n(ii) professional etiquette; or\n(iii) professional ethics; or\n(iv) a rule of professional conduct; and\n(b) no civil or criminal liability is incurred only because of the\nmaking of the complaint.\n(3) Subsection (2) (b) does not apply to a complaint that the person knows\nis false or misleading.\n","sortOrder":44},{"sectionNumber":"44","sectionType":"section","heading":"Consideration without complaint or appropriate","content":"44 Consideration without complaint or appropriate\ncomplaint\n(1) The board may, on its own initiative, consider in relation to a\nveterinary practitioner—\n(a) an act or service by the practitioner that appears to the board to\nbe an act or service about which a person could make, but has\nnot made, a complaint under this Act; or\n(b) any other matter related to the registration of the veterinary\npractitioner.\n\n(2) A board-initiated consideration must, as far as practicable, be\nconducted as if it were a consideration of a complaint.\n","sortOrder":45},{"sectionNumber":"45","sectionType":"section","heading":"False or misleading complaint","content":"45 False or misleading complaint\nA person must not make a complaint that is materially false or\nmisleading.\nMaximum penalty: 30 penalty units.\n","sortOrder":46},{"sectionNumber":"46","sectionType":"section","heading":"Time limit for making complaints","content":"46 Time limit for making complaints\n(1) A person may make a complaint about the conduct of a veterinary\npractitioner whenever the conduct is alleged to have happened.\n(2) However, the board is not required to investigate a complaint if the\ncomplaint is made more than 3 years after the conduct is alleged to\nhave happened, unless the board decides it is just and fair to\ninvestigate the complaint having regard to the delay and the reasons\nfor the delay.\n","sortOrder":47},{"sectionNumber":"47","sectionType":"section","heading":"How complaints are made","content":"47 How complaints are made\n(1) A complaint made under this Act must—\n(a) be given to the board; and\n(b) be in writing; and\n(c) include the person’s name and contact details.\n(2) A person is entitled to reasonable assistance from the registrar to put\nthe complaint in writing.\nExamples—when assistance would be reasonable\n1 the person cannot put the complaint in writing\n2 the person has difficulty putting the complaint in writing\nNote A person may also make a complaint to the commission (see Human\nRights Commission Act 2005, s 39).\n\nComplaints Division 5.2\n(3) However, a complaint may—\n(a) be made orally if the board is satisfied on reasonable grounds\nthat exceptional circumstances justify action without a written\ncomplaint; and\nExample—exceptional circumstances\nWaiting until the complaint is put in writing would make action in response\nto the complaint impossible or impractical.\n(b) need not include the complainant’s name and contact details if\nthe board is satisfied on reasonable grounds that exceptional\ncircumstances justify action without the complainant’s name\nand address.\n","sortOrder":48},{"sectionNumber":"48","sectionType":"section","heading":"Withdrawal of complaints","content":"48 Withdrawal of complaints\n(1) A complainant may at any time withdraw the complaint by written\nnotice to the board.\n(2) If the complainant withdraws the complaint the board may continue\nto consider the complaint as a board-initiated consideration under\nsection 44.\n","sortOrder":49},{"sectionNumber":"49","sectionType":"section","heading":"Further information about complaint etc","content":"49 Further information about complaint etc\n(1) The board may require the complainant to give the board—\n(a) further information about the complaint; or\n(b) a statement verifying all or part of the complaint.\n(2) When making a requirement under this section, the board must set a\nreasonable period of time within which the requirement is to be\nsatisfied, and may extend that period, whether before, on or after its\nexpiry.\n\n(3) If the person fails to give a statement verifying all or part of the\ncomplaint—\n(a) the failure does not affect the making of the complaint; but\n(b) the board need not take any further action on the complaint.\n","sortOrder":50},{"sectionNumber":"50","sectionType":"section","heading":"Notice to veterinary practitioner complained about","content":"50 Notice to veterinary practitioner complained about\n(1) On receiving a complaint under section 43, the board must, in writing,\ntell the registered veterinary practitioner—\n(a) that a complaint has been made about the veterinary practitioner;\nand\n(b) that the complaint is to be considered by the board; and\n(c) what the complaint is about; and\n(d) unless section 134 (Nondisclosure of complaints) prevents the\ndisclosure—the name of the person making the complaint; and\n(e) that the veterinary practitioner may make written\nrepresentations in relation to the complaint within a stated\nperiod after receiving notice of the complaint.\nNote Section 134 prevents the disclosure of information if there is reason to\nbelieve the disclosure would put someone’s health or safety at risk, cause\nsomeone to receive a lowered standard of service or prejudice the\nmanagement of the report or its consideration.\n(2) The period mentioned in subsection (1) (e) must not be less than\n7 days.\n\n","sortOrder":51},{"sectionNumber":"Subdiv 5","sectionType":"subdivision","heading":"3.1 Immediate action","content":"Subdivision 5.3.1 Immediate action\n","sortOrder":52},{"sectionNumber":"51","sectionType":"section","heading":"Meaning of immediate action—sdiv 5.3.1","content":"51 Meaning of immediate action—sdiv 5.3.1\nIn this subdivision—\nimmediate action, in relation to a registered veterinary practitioner\nmeans—\n(a) the suspension of, or imposition of a condition on, the veterinary\npractitioner’s registration; or\n(b) accepting an undertaking from the veterinary practitioner; or\n(c) accepting the surrender of the veterinary practitioner’s\nregistration.\n","sortOrder":53},{"sectionNumber":"52","sectionType":"section","heading":"Power to take immediate action","content":"52 Power to take immediate action\n(1) The board may take immediate action in relation to a registered\nveterinary practitioner if—\n(a) the board reasonably believes that—\n(i) because of the practitioner’s conduct, performance or\nhealth, the practitioner poses a serious risk to people or\nanimals; and\n(ii) it is necessary to take immediate action to protect public\nhealth or safety or the safety of animals; or\n(b) the practitioner’s registration was improperly obtained because\nthe practitioner or someone else gave the board information or a\ndocument that was false or misleading in a material particular;\nor\n(c) the practitioner’s registration has been cancelled or suspended\nunder the law of another jurisdiction.\n\n(2) However, the board may take immediate action that consists of\nsuspending, or imposing a condition on, the veterinary practitioner’s\nregistration only if the board has complied with section 53.\n","sortOrder":54},{"sectionNumber":"53","sectionType":"section","heading":"Show cause process","content":"53 Show cause process\n(1) If the board is proposing to suspend, or impose a condition on, a\nregistered veterinary practitioner’s registration under section 52, the\nboard must—\n(a) give the practitioner notice of the proposed suspension or\ncondition; and\n(b) invite the practitioner to make a submission to the board, within\nthe time stated in the notice about the proposed suspension or\ncondition.\n(2) A notice given to a registered veterinary practitioner under subsection\n(1), and any submissions made by the veterinary practitioner in\naccordance with the notice, may be written or oral.\n(3) The board must have regard to any submissions made by the\nregistered veterinary practitioner in accordance with this section in\ndeciding whether to suspend or impose conditions on the veterinary\npractitioner’s registration.\n","sortOrder":55},{"sectionNumber":"54","sectionType":"section","heading":"Notice to be given to registered veterinary practitioner","content":"54 Notice to be given to registered veterinary practitioner\nabout immediate action\n(1) Immediately after deciding to take immediate action in relation to a\nregistered veterinary practitioner, the board must—\n(a) give written notice of the board’s decision to the practitioner;\nand\n(b) take the further action under this part the board considers\nappropriate, including, for example, investigating the\npractitioner or requiring the practitioner to undergo a health or\nperformance assessment.\n\n(2) The notice must state—\n(a) the immediate action the board has decided to take; and\n(b) the reasons for the decision to take the immediate action; and\n(c) the further action the board proposes to take under this part in\nrelation to the registered veterinary practitioner; and\n(d) that the practitioner may appeal against the decision to take the\nimmediate action if the action is to suspend, or impose a\ncondition on, the practitioner’s registration; and\n(e) how an application for appeal may be made and the period\nwithin which the application must be made.\n","sortOrder":56},{"sectionNumber":"55","sectionType":"section","heading":"Period of immediate action","content":"55 Period of immediate action\n(1) A decision by the board to take immediate action in relation to a\nregistered veterinary practitioner takes effect on—\n(a) the day the notice is given to the veterinary practitioner; or\n(b) if a later day is stated in the notice—the later day.\n(2) The decision continues to have effect until the earlier of the\n(a) the decision is set aside on appeal;\n(b) if the immediate action taken is the suspension of, or imposition\nof a condition on, the registered veterinary practitioner’s\nregistration—the suspension is revoked, or the condition is\nremoved, by the board;\n(c) if the immediate action taken is the acceptance of an\nundertaking—the board and the registered veterinary\npractitioner agree to end the undertaking.\n\nSubdivision 5.3.2 Investigation\n","sortOrder":57},{"sectionNumber":"56","sectionType":"section","heading":"Investigation of complaints","content":"56 Investigation of complaints\n(1) The board must conduct an investigation into a complaint in\nconsultation with the commission.\n(2) The board may deal with 1 or more complaints about a veterinary\npractitioner in an investigation.\n(3) If, during an investigation, it appears to the board that there is a matter\nin relation to which another complaint could have been made against\nthe veterinary practitioner concerned, the board may deal with the\nmatter in its investigation as if a complaint had been made about the\n(4) For subsection (3), the board may deal with the matter—\n(a) whether the complaint could have been made instead of or in\naddition to any complaint that was made; and\n(b) whether or not the complaint could have been made by the same\ncomplainant.\n(5) If an additional complaint is identified under subsection (3), the board\nmust give notice of the complaint to the veterinary practitioner\ncomplained about under section 50.\n","sortOrder":58},{"sectionNumber":"57","sectionType":"section","heading":"Investigation procedure","content":"57 Investigation procedure\n(1) An investigation into a complaint must be conducted with as little\nformality and technicality as a proper consideration of the matter\npermits.\n(2) An investigation need not involve a hearing (whether public or\nprivate).\n(3) If the board appoints a committee to undertake the investigation, the\ncommittee must have at least 3 members including—\n(a) 1 member representing the commission; and\n\n(b) 1 member representing the board.\n(4) An investigation must be conducted in accordance with any\napplicable code of practice.\n(5) For the purposes of an investigation, the board—\n(a) is not bound by the rules of evidence; but\n(b) must observe the rules of natural justice.\n(6) A person appearing for the purposes of an investigation may be\nrepresented by any other person, subject to any applicable code of\npractice.\n","sortOrder":59},{"sectionNumber":"58","sectionType":"section","heading":"People to give information, provide documents or answer","content":"58 People to give information, provide documents or answer\nquestions\nFor an investigation into a complaint, the board may—\n(a) require a person to appear and give evidence; or\n(b) require a person to answer any relevant question; or\n(c) take evidence on oath or by affirmation; or\n(d) require a person to take an oath or to make an affirmation; or\n(e) take statements and receive affidavits; or\n(f) require the production of any relevant document, including\nclinical records.\n","sortOrder":60},{"sectionNumber":"59","sectionType":"section","heading":"Person failing to comply with direction","content":"59 Person failing to comply with direction\n(a) the person is required to do something under section 58; and\n\n(b) the person fails, without reasonable excuse, to comply with the\ndirection.\n","sortOrder":61},{"sectionNumber":"60","sectionType":"section","heading":"Board may dismiss certain complaints","content":"60 Board may dismiss certain complaints\n(1) The board may dismiss a complaint against a veterinary practitioner\nif satisfied that the complaint is—\n(a) frivolous, vexatious or otherwise lacking in merit; or\n(b) a complaint that has already been dealt with under this part; or\n(c) trivial in nature.\n(2) The board may dismiss the complaint—\n(a) without investigating the complaint; or\n(b) without completing an investigation of the complaint.\n(3) The board is not required to investigate a complaint that has been\ndismissed under this section.\n(4) The board must tell the veterinary practitioner and complainant about\nthe dismissal of the complaint.\n(5) The board, in dismissing the complaint, may also tell the veterinary\npractitioner details about the complaint.\n","sortOrder":62},{"sectionNumber":"61","sectionType":"section","heading":"Decision on completion of investigation","content":"61 Decision on completion of investigation\n(1) On completion of an investigation under this division—\n(a) if the board is satisfied that the veterinary practitioner has\nengaged in professional misconduct—the board must apply to\nthe ACAT for an occupational disciplinary finding against the\nveterinary practitioner; or\n\n(b) if the board is satisfied that the veterinary practitioner has\nengaged in unsatisfactory professional conduct but not\nprofessional misconduct—the board may do any of the\n(i) reprimand or caution the veterinary practitioner;\n(ii) impose a penalty on the veterinary practitioner not\nexceeding $1 000;\n(iii) impose a condition on the veterinary practitioner’s\nregistration;\n(iv) require the veterinary practitioner to complete a course of\ntraining;\n(v) require the veterinary practitioner to take part in a review\nof the practitioner’s professional practice;\n(vi) require the veterinary practitioner to report on the\npractitioner’s practice at stated times, in the way stated and\nto a named person;\n(vii) require the veterinary practitioner to seek and take advice\nfrom a stated entity about the management of the\npractitioner’s practice;\n(viii) require the supervision, monitoring or reporting about the\neffect of something the veterinary practitioner is required\nto do by the board;\n(ix) refer the complaint to the commission;\n(c) in any other case—the board must dismiss the complaint and tell\nthe veterinary practitioner and the complainant about the\ndismissal.\n(2) However, if the board takes action under section 62, the board need\nnot comply with this section.\n\n","sortOrder":63},{"sectionNumber":"62","sectionType":"section","heading":"Indication that offence committed","content":"62 Indication that offence committed\n(1) This section applies if a complaint against a veterinary practitioner\nindicates that the veterinary practitioner may have committed, or be\ncommitting, an offence against a territory law.\n(2) The board may give the chief police officer a copy of the complaint\nand any other information the board has in relation to the complaint.\n","sortOrder":64},{"sectionNumber":"63","sectionType":"section","heading":"Board’s obligation to keep complainant informed","content":"63 Board’s obligation to keep complainant informed\n(1) The board must give a complainant—\n(a) a written report about the progress of the complainant’s\ncomplaint (a progress report)—\n(i) within 6 weeks after the day the complaint was received by\nthe board; and\n(ii) not later than 6 weeks after the day the board last gave the\ncomplainant a progress report; and\n(b) if the board decides to dismiss the complaint without\ninvestigation under section 60 (Board may dismiss certain\ncomplaints)—written notice that the complaint has been\ndismissed.\n(2) However, if the latest progress report includes a statement to the\neffect that, for stated reasons, a further progress report will not be\nprovided until a stated time or event, the board need not provide a\nprogress report until that time or event.\nA complainant tells the board the complainant is going overseas for 4 months. The\nboard may tell the complainant that the next progress report will not be given until\nthe complainant returns from overseas and notifies the board.\n\nOccupational discipline Division 5.4\n","sortOrder":65},{"sectionNumber":"64","sectionType":"section","heading":"Grounds for occupational discipline","content":"64 Grounds for occupational discipline\n(1) For this Act, each of the following is a ground for occupational\ndiscipline in relation to a veterinary practitioner:\n(a) the veterinary practitioner has, or may have, engaged in\nprofessional misconduct;\n(b) the veterinary practitioner is not a suitable person to be a\nregistered veterinary practitioner.\n(2) A ground for occupational discipline applies to a veterinary\npractitioner who is no longer registered if the ground applied to the\nveterinary practitioner while registered.\n(3) In this section:\nsuitable person—see section 30.\n","sortOrder":66},{"sectionNumber":"65","sectionType":"section","heading":"Application to ACAT for occupational discipline","content":"65 Application to ACAT for occupational discipline\nIf the board believes on reasonable grounds that a ground for\noccupational discipline exists in relation to a veterinary practitioner,\nthe board may apply to the ACAT for an occupational discipline order\nin relation to the practitioner.\n","sortOrder":67},{"sectionNumber":"66","sectionType":"section","heading":"Considerations before making occupational discipline","content":"66 Considerations before making occupational discipline\norders—suspension or cancellation of registration\n(1) This section applies if the ACAT is considering an application for\noccupational discipline to suspend or cancel a veterinary\npractitioner’s registration.\n(2) The ACAT must consider the following:\n(a) whether the veterinary practitioner has contravened this Act or\nthe veterinary practitioners code of professional conduct;\n\n(b) whether the veterinary practitioner has put, or is putting, public\nsafety or the safety of animals at risk.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 65 sets out\nconsiderations for the ACAT when considering what other occupational\ndiscipline orders to make.\n","sortOrder":68},{"sectionNumber":"67","sectionType":"section","heading":"Occupational discipline orders","content":"67 Occupational discipline orders\n(1) This section applies if the ACAT may make an order for occupational\ndiscipline in relation to a veterinary practitioner.\n(2) In addition to any other occupational discipline order the ACAT may\nmake, the ACAT may make 1 or more of the following orders for\noccupational discipline in relation to the veterinary practitioner:\n(a) require the veterinary practitioner to undergo a stated medical,\npsychiatric or psychological assessment, counselling or both;\n(b) require the veterinary practitioner to take part in a review of the\npractitioner’s professional practice;\n(c) require the veterinary practitioner to report on the practitioner’s\npractice at stated times, in the way stated and to a named person;\n(d) require the veterinary practitioner to seek and take advice from\na stated entity about the management of the practitioner’s\npractice;\n(e) require the supervision, monitoring or reporting about the effect\nof something the veterinary practitioner is required to do by the\nACAT;\n(f) if the veterinary practitioner is not registered—declare that, if\nthe practitioner had been registered, the ACAT would have\nfound that the practitioner had contravened the required standard\nof practice or did not satisfy the suitability to practise\nrequirements.\nNote The ACT Civil and Administrative Tribunal Act 2008, s 66 sets out other\noccupational discipline orders the ACAT may make.\n\nOccupational discipline Division 5.4\n","sortOrder":69},{"sectionNumber":"68","sectionType":"section","heading":"Interim suspension of registration","content":"68 Interim suspension of registration\n(1) This section applies if the board—\n(a) has applied to the ACAT for occupational discipline (the\noccupational discipline application) in relation to a registered\n(b) believes on reasonable grounds that it is in the public interest to\nsuspend the veterinary practitioner’s registration before the\nACAT hears the occupational discipline application.\n(2) The board may apply to the ACAT for an interim order to suspend\nthe registration of the veterinary practitioner.\n(3) The ACAT may make an order suspending the veterinary\npractitioner’s registration if the ACAT considers the interim order\nappropriate to protect the public interest until the hearing of the\noccupational discipline application.\n(4) An interim order under this section has effect as an interim order\nmade under the ACT Civil and Administrative Tribunal Act 2008,\nsection 53 (Interim orders).\n","sortOrder":70},{"sectionNumber":"69","sectionType":"section","heading":"Giving registering authority in other jurisdictions","content":"69 Giving registering authority in other jurisdictions\ninformation about cancelling or suspending registration\n(1) This section applies if the ACAT suspends or cancels a veterinary\npractitioner’s registration or disqualifies a veterinary practitioner\nfrom applying for registration.\n(2) The board must give the registering authority in each other\njurisdiction the following information about the veterinary\npractitioner:\n(a) the name and any other identifying details of the veterinary\npractitioner;\n(b) a short description of the ground for occupational discipline on\nwhich the occupational discipline order was based;\n\n(c) whether the registration has been suspended or cancelled or the\nveterinary practitioner disqualified;\n(d) if the registration has been suspended—the period of\nsuspension;\n(e) if the veterinary practitioner has been disqualified—the period\nof disqualification.\n(3) This section does not limit any other requirement or power, under this\nAct or another law in force in the ACT, to give information to a\nregistering authority in another jurisdiction.\nNote Another jurisdiction—see s 33.\n","sortOrder":71},{"sectionNumber":"70","sectionType":"section","heading":"Interaction with commission","content":"70 Interaction with commission\n(1) The board must—\n(a) give the commission a copy of all documents in its possession\nthat relate to a complaint or occupational discipline matter; and\n(b) consult with the commission when it is considering what to do\nin relation to a complaint or occupational discipline matter to\nwhich this part applies; and\n(c) attempt to agree with the commission about the action to be\ntaken in relation to the complaint or occupational discipline\n(2) The commission must consult with the board in relation to a\ncomplaint made to the commission under the Human Rights\nCommission Act 2005 relating to a veterinary practitioner.\n(3) If the board and the commission cannot agree about the action to be\ntaken in relation to a complaint or occupational discipline matter, the\nmost serious action chosen by the board or commission prevails.\n\nJoint consideration with commission Division 5.5\n(4) The action that may be taken in relation to a complaint or\noccupational discipline matter, from most serious to least serious, is\nas follows:\n(a) if the veterinary practitioner is a registered veterinary\npractitioner—immediate action in relation to the veterinary\npractitioner’s registration under subdivision 5.3.1 (Immediate\naction);\n(b) apply to the ACAT for an occupational discipline order;\n(c) apply to the ACAT for an interim suspension of registration;\n(d) refer the complaint or occupational discipline matter to the\nhealth complaints entity to be considered under the Human\nRights Commission Act 2005;\n(e) any of the actions mentioned in section 61 (1) (b) (Decision on\ncompletion of investigation);\n(f) refuse to investigate the complaint further.\n(5) Also, the board must take action under section 62 (Indication that\noffence committed) if, after consultation with the commission, either\nthe board, the commission or both consider that the section applies to\nthe complaint or occupational discipline matter.\n\n","sortOrder":72},{"sectionNumber":"Part 6","sectionType":"part","heading":"Registration of veterinary","content":"Part 6 Registration of veterinary\n","sortOrder":73},{"sectionNumber":"71","sectionType":"section","heading":"Definitions—pt 6","content":"71 Definitions—pt 6\n(1) In this part:\nregistered, in relation to veterinary premises, means registered under\nthis part.\nregistration, in relation to veterinary premises, means registration\nunder this part.\nregistration holder, of registered veterinary premises, means the\nperson who holds the registration for the premises.\nsuperintendent, of registered veterinary premises, means the\nmanager of the premises appointed by the registration holder of the\nveterinary premises means any of the following:\n(a) mobile veterinary clinic;\n(b) mobile veterinary hospital;\n(c) veterinary clinic;\n(d) veterinary consulting room;\n(e) veterinary hospital.\nveterinary premises standard means a standard made by the board\nunder section 72.\n\nPreliminary Division 6.1\nmajor veterinary surgery means a restricted act of veterinary science\nthat—\n(a) includes the carrying out of a procedure that—\n(i) according to current standards of veterinary practice,\nshould not be undertaken without the administration of an\nanaesthetic (other than a local anaesthetic); or\n(ii) involves a spinal anaesthetic; or\n(b) is prescribed by regulation.\nmobile veterinary clinic means a vehicle, including a trailer, that—\n(a) may be moved from 1 location to another; and\n(b) is modified to operate as a veterinary clinic.\nmobile veterinary hospital means a vehicle, including a trailer, that—\n(a) may be moved from 1 location to another; and\n(b) is modified to operate as a veterinary hospital.\nveterinary clinic means premises where a restricted act of veterinary\nscience, including major veterinary surgery, may be carried out.\nveterinary consulting room means premises where a restricted act of\nveterinary science (other than major veterinary surgery or emergency\ncare) may be carried out.\nveterinary hospital means premises where—\n(a) a restricted act of veterinary science, including major veterinary\nsurgery and emergency care, may be carried out; and\n(b) a higher level of diagnostic facilities than are available at a\nveterinary clinic are provided.\n\n","sortOrder":74},{"sectionNumber":"72","sectionType":"section","heading":"Board may make veterinary premises standard","content":"72 Board may make veterinary premises standard\n(1) The board may make a standard relating to requirements for\nveterinary premises (a veterinary premises standard).\n(2) A veterinary premises standard may apply, adopt or incorporate an\ninstrument as in force from time to time.\n(3) A veterinary premises standard is a notifiable instrument.\n","sortOrder":75},{"sectionNumber":"73","sectionType":"section","heading":"Application for registration of veterinary premises","content":"73 Application for registration of veterinary premises\n(1) A person may apply to the board for veterinary premises to be\nregistered.\n(2) The application must—\n(b) state the name and address of the applicant; and\n(c) state the kind of veterinary premises to be registered; and\n(d) state the business name for the veterinary premises; and\n(e) state the address of the veterinary premises to be registered; and\n(f) state the nature of the veterinary services to be provided at the\nveterinary premises; and\n(g) state the name of the superintendent for the veterinary premises;\nand\n(h) anything else prescribed by regulation.\n\nApplication and decision Division 6.2\n","sortOrder":76},{"sectionNumber":"74","sectionType":"section","heading":"Board may ask for further information","content":"74 Board may ask for further information\n(1) The board may, before deciding an application for registration, ask\nthe applicant, in writing, for additional information in relation to the\napplication.\n(2) If the board asks an applicant to give information to the board, the\nboard may refuse to consider the application for registration further if\nthe applicant does not give the information.\n","sortOrder":77},{"sectionNumber":"75","sectionType":"section","heading":"Decision on application to register veterinary premises","content":"75 Decision on application to register veterinary premises\n(1) On application by a person for registration of veterinary premises, the\nboard must—\n(a) register the premises; or\n(b) refuse to register the premises.\n(2) The board is taken to have refused to register the veterinary premises\nif the board fails to decide the application within 40 days after the day\nthe board—\n(a) received the application; or\n(b) received the information requested under section 74.\n(3) In deciding whether to register the veterinary premises, the board\nmust consider any criteria prescribed by regulation.\n(4) Subsection (3) does not limit the matters that the board may consider.\n(5) The board must, within 7 days after the day it decides the\n(b) if it registers the veterinary premises—give the person a\nregistration document.\n\n","sortOrder":78},{"sectionNumber":"76","sectionType":"section","heading":"Conditions on registration of veterinary premises","content":"76 Conditions on registration of veterinary premises\nRegistration of veterinary premises is subject to—\n(a) a condition that the premises are maintained in compliance with\na veterinary premises standard; and\n(b) a condition that the registration holder notify the board, within\n14 days of the change, of any change to the following:\n(i) the holder’s name or address;\n(ii) if the premises are a veterinary hospital—the nature of the\nveterinary services provided at the hospital; and\n(c) any other condition imposed by the board.\nExamples—conditions that may be imposed on a registration\n1 that particular procedures about inspection and reporting must be complied\nwith\n2 that particular security procedures must be complied with\nNote 1 The board may amend a registration (including by imposing a condition\non, or amending an existing condition of, the registration) at any time (see\ndiv 6.3).\nNote 2 Veterinary premises standard—see s 72.\n","sortOrder":79},{"sectionNumber":"77","sectionType":"section","heading":"Term of registration for veterinary premises","content":"77 Term of registration for veterinary premises\n(1) The registration of veterinary premises comes into force on the later\nof—\n(a) the day the registration document for the veterinary premises is\nissued; and\n(b) the date stated in the registration document for the veterinary\n(2) A registration remains in force until it is cancelled.\n(3) A registration is not in force if it is suspended.\n\nAmendment of registration Division 6.3\n","sortOrder":80},{"sectionNumber":"78","sectionType":"section","heading":"Refund of application fees","content":"78 Refund of application fees\nIf the board refuses an application for registration under section 75,\nthe board must refund the application fee (less any processing fee) to\nthe applicant.\n","sortOrder":81},{"sectionNumber":"79","sectionType":"section","heading":"Annual registration fee","content":"79 Annual registration fee\n(1) The registration holder of registered veterinary premises must pay an\nannual registration fee to the board for each financial year, or part of\na financial year, in which the registration is in force.\n(2) The annual registration fee is payable in relation to registered\nveterinary premises even if the registration of the premises is\nsuspended.\n(3) The registration holder must pay the annual registration fee to the\nboard before the start of the financial year to which the fee relates.\n(4) The board may cancel the registration if the annual registration fee is\nnot paid.\n","sortOrder":82},{"sectionNumber":"Div 6","sectionType":"division","heading":"3 Amendment of registration","content":"Division 6.3 Amendment of registration\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Amendment of registration by board on its own initiative","content":"80 Amendment of registration by board on its own initiative\n(1) The board may, at any time and on its own initiative, amend the\nregistration of veterinary premises (including by imposing a\ncondition on, or amending an existing condition of, the registration).\n(2) However, the board may amend the registration of veterinary\npremises only if—\n(a) the board has given the registration holder of the veterinary\npremises written notice of the proposed amendment; and\n(b) the notice states that written comments on the proposal may be\nmade to the board before the end of a stated period of at least\n14 days after the day the notice is given to the registration\nholder; and\n\n(c) the board has considered any comments made before the end of\nthe stated period.\n(3) Subsection (2) does not apply if the registration holder applied for, or\nagreed in writing to, the amendment.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Amendment of registration on application","content":"81 Amendment of registration on application\n(1) The registration holder of veterinary premises may apply to the board\nto amend the registration (including by removing or amending a\ncondition of the registration).\n(2) The board may, in writing, require the applicant to give the board\nadditional information or documents that the board reasonably needs\nto decide the application.\n(3) If the applicant does not comply with a requirement under\nsubsection (2), the board may refuse to consider the application.\n(4) In deciding whether to amend the registration, the board must\nconsider anything the board must consider under section 75 in\nrelation to an application for registration of veterinary premises.\n(5) On an application by the registration holder of veterinary premises to\namend the registration of the premises, the board must—\n(a) amend the registration in the way applied for; or\n(b) refuse to amend the registration.\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Surrender of registration","content":"82 Surrender of registration\n(1) The registration holder of registered veterinary premises may\nsurrender the registration by giving written notice of the surrender to\nthe board.\n(2) The notice must be accompanied by—\n(a) the registration document; or\n\nSuspending or ending registration Division 6.4\n(b) if the registration document has been lost, stolen or destroyed—\na statement verifying that the document has been lost, stolen or\ndestroyed.\n(3) The registration of veterinary premises is taken to be cancelled if the\nregistration is surrendered under this section.\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Cancellation of registration—death or winding-up of","content":"83 Cancellation of registration—death or winding-up of\nregistration holder\n(1) The board must cancel the registration of veterinary premises if—\n(a) if the registration holder is an individual—the individual dies;\nor\n(b) if the registration holder is a corporation—the corporation is\nwound up.\n(2) For subsection (1) (a), the cancellation takes effect on the earlier of—\n(a) the day the board approves an application for registration of the\nveterinary premises by someone else; or\n(b) 3 months after the registration holder died.\n(3) For subsection (1) (b), the cancellation takes effect on the earlier of—\n(a) the day the board approves an application for registration of the\nveterinary premises by someone else; or\n(b) the day the corporation is deregistered.\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Cancellation or suspension of registration by ACAT","content":"84 Cancellation or suspension of registration by ACAT\n(1) The board may apply to the ACAT for an order to suspend or cancel\nthe registration of veterinary premises if—\n(a) the premises are in a condition that could cause harm or\nsuffering to an animal or affect public safety; or\n(b) the registration holder is convicted of an offence under this Act;\nor\n\n(c) if the registration holder is a corporation—an executive officer\nof the corporation has committed an offence against this Act; or\n(d) a condition of the registration is breached.\nNote Requirements for applications to the ACAT are set out in the ACT Civil\nand Administrative Tribunal Act 2008, s 10.\n(2) The ACAT may make an order to suspend or cancel the registration\nif satisfied it is in the public interest for the order to be made.\nDivision 6.5 Offences—registered veterinary\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Veterinary practice to be conducted at registered","content":"85 Veterinary practice to be conducted at registered\nA veterinary practitioner commits an offence if—\n(a) the veterinary practitioner conducts a veterinary practice at\n(b) the premises are not registered veterinary premises.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Unauthorised restricted act of veterinary science carried","content":"86 Unauthorised restricted act of veterinary science carried\nout at registered veterinary premises\n(a) the person carries out a restricted act of veterinary science on an\nanimal at registered veterinary premises; and\n(b) the registration of the premises does not authorise the act of\nveterinary science to be carried out at the premises.\n\nOffences—registered veterinary premises Division 6.5\n(2) It is a defence to a prosecution for an offence against this section if\nthe defendant proves that it was necessary to carry out the restricted\nact of veterinary science on the animal at the premises because—\n(a) the act was carried out in an emergency and there was no time\nto move the animal to registered veterinary premises where the\nact was authorised to be carried out; or\n(b) it was not practical to move the animal to registered veterinary\npremises where the act was authorised to be carried out because\nof the size of the animal or the kind of animal; or\n(c) it was dangerous to the health of the animal to move it to\nregistered veterinary premises where the act was authorised to\nbe carried out.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"False representation of premises as registered veterinary","content":"87 False representation of premises as registered veterinary\n(a) the person represents that premises are registered veterinary\n(b) the representation is false.\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Superintendent of registered veterinary premises","content":"88 Superintendent of registered veterinary premises\n(1) The registration holder of registered veterinary premises must—\n(a) appoint a registered veterinary practitioner as superintendent of\nthe premises; and\n(b) tell the board the name of the superintendent of the premises,\nbefore the superintendent starts duty as superintendent.\n\n(2) The registration holder commits an offence if the registration holder\nfails to comply with subsection (1).\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Failure to display sign about registered veterinary","content":"89 Failure to display sign about registered veterinary\n(a) the person is—\n(i) the registration holder of registered veterinary premises; or\n(ii) the superintendent of registered veterinary premises; and\n(b) the person fails to display at the registered veterinary premises\na sign displaying registration information about the premises.\n(2) A person commits an offence if—\n(a) the person is—\n(i) the registration holder of registered veterinary premises; or\n(ii) the superintendent of registered veterinary premises; and\n(b) the registered veterinary premises are—\n(i) a mobile veterinary clinic; or\n(ii) a mobile veterinary hospital; and\n(c) the person fails to produce registration information about the\npremises to a person using, or proposing to use, the registered\nveterinary premises when requested to do so.\n(3) An offence against this section is a strict liability offence.\n\nOffences—registered veterinary premises Division 6.5\nregistration information, about registered veterinary premises,\nmeans—\n(a) the kind of major veterinary surgery that is authorised to be\ncarried out at premises; and\n(b) proof that the premises are registered veterinary premises.\n\n","sortOrder":93},{"sectionNumber":"90","sectionType":"section","heading":"Veterinary practitioners board—establishment","content":"90 Veterinary practitioners board—establishment\n(1) The ACT Veterinary Practitioners Board (the board) is established.\n(2) The board—\n(a) is a body corporate; and\n(b) must have a seal; and\n(c) may sue and be sued, and hold property, in its corporate name.\n","sortOrder":94},{"sectionNumber":"91","sectionType":"section","heading":"Board—functions","content":"91 Board—functions\n(1) The board has the following functions:\n(a) registering veterinary practitioners and veterinary premises;\n(b) ensuring the professional development of veterinary\npractitioners, including by determining requirements for\ncontinuing professional development of veterinary practitioners;\n(c) approving educational and training courses related to\nprofessional qualifications for veterinary practitioners;\n(d) developing codes of professional conduct for veterinary\npractitioners;\n(e) setting standards for premises;\n(f) cooperating with other jurisdictions in Australia and New\nZealand to further a common and harmonious approach to the\nadministration of legislation relating to veterinary practitioners;\n(g) giving general advice to consumers of veterinary services in\nrelation to the ethics and standards of professional competence\ngenerally expected of veterinary practitioners;\n\nEstablishment and functions of board Division 7.1\n(h) giving advice to the Minister in relation to any other matter\nrelated to the administration of this Act;\n(i) liaising with, and if the board considers it appropriate, becoming\na member of, professional organisations concerned with\nveterinary science;\n(j) investigating complaints against veterinary practitioners;\n(k) conducting, on the board’s own initiative, investigations of\nveterinary practitioners;\n(l) giving information to the veterinary profession relating to\ncontinuing education issues, developments in the field of\nveterinary science and disciplinary matters;\n(m) taking disciplinary action against veterinary practitioners;\n(n) enforcing this Act, including taking proceedings for offences\nagainst this Act.\n(2) The board may exercise any other function given to the board under\nthis Act or any other territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n","sortOrder":95},{"sectionNumber":"92","sectionType":"section","heading":"Annual general meeting of veterinary profession","content":"92 Annual general meeting of veterinary profession\n(1) The board must hold an annual general meeting of the veterinary\nprofession.\n(2) Every registered veterinary practitioner is entitled to attend a meeting\nunder this section.\n\n","sortOrder":96},{"sectionNumber":"93","sectionType":"section","heading":"Board membership","content":"93 Board membership\n(1) The board has the following members:\n(a) president;\n(b) 4 members who—\n(i) are registered veterinary practitioners; and\n(ii) have been registered for a continuous period of at least\n3 years immediately before the day of appointment;\n(c) 1 member who is not a veterinary practitioner, to represent\ncommunity interests;\n(d) 1 member who is not a veterinary practitioner.\n(2) The Minister must appoint the board members.\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(3) The Minister may appoint a person as a community representative to\nthe board only if satisfied that the person has interests, skills or\nqualifications that will help the board in carrying out the objects of\n(4) The members mentioned in subsection (1) (c) and (d) must live in the\nACT or surrounding region.\n\nBoard members Division 7.2\n","sortOrder":97},{"sectionNumber":"94","sectionType":"section","heading":"Term of appointment","content":"94 Term of appointment\nA board member must not be appointed for longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n","sortOrder":98},{"sectionNumber":"95","sectionType":"section","heading":"President and deputy president of board","content":"95 President and deputy president of board\n(1) The president must not be a person who—\n(a) works in a veterinary practice; or\n(b) has a material interest in a veterinary practice.\n(2) The deputy president must be a board member who is a registered\nveterinary practitioner and elected by the board.\n(3) The deputy president may exercise a function of the president at any\ntime when the president cannot for any reason exercise the function.\n(4) The deputy president is elected for 1 year, but may be re-elected if\nstill eligible to be elected.\n(5) The deputy president may resign as deputy president by written notice\ngiven to the president or, if there is no president, the board.\n(6) In this section:\nmaterial interest—see section 97 (4).\nNote Veterinary practice—see the dictionary.\n\n","sortOrder":99},{"sectionNumber":"96","sectionType":"section","heading":"Consultation about appointment to board","content":"96 Consultation about appointment to board\n(1) Before appointing someone, other than a community representative,\nto the board the Minister must consult the board.\n(2) The Minister must also seek advice, and nominations, from declared\nprofessional bodies and any other entities the Minister considers\nsuitable to give advice, and make nominations, in relation to the\nboard.\nExamples—entities suitable to give advice\n• academic institutions\n• industry representatives\n(3) Subsection (1) does not apply if the board is suspended.\n(4) The Minister may declare an entity to be a professional body for\nsubsection (2).\n(5) A declaration is a disallowable instrument.\n","sortOrder":100},{"sectionNumber":"97","sectionType":"section","heading":"Disclosure of interests by board members","content":"97 Disclosure of interests by board members\n(1) If a board member has a material interest in an issue being considered,\nor about to be considered, by the board, the member must disclose the\nnature of the interest at a board meeting as soon as practicable after\nthe relevant facts come to the member’s knowledge.\n(2) The disclosure must be recorded in the board’s minutes and, unless\nthe board otherwise decides, the member must not—\n(a) be present when the board considers the issue; or\n(b) take part in a decision of the board on the issue.\n\nBoard members Division 7.2\nAlbert, Boris and Chloe are members of the board. They have an interest in an\nissue being considered at a board meeting and they disclose the interest as soon as\nthey become aware of it. Albert’s and Boris’s interests are minor but Chloe has a\ndirect financial interest in the issue.\nThe board considers the disclosures and decides that because of the nature of the\ninterests—\n(a) Albert may be present when the board considers the issue but not take part in\nthe decision; and\n(b) Boris may be present for the consideration and take part in the decision.\nThe board does not make a decision allowing Chloe to be present or take part in the\nboard’s decision. Accordingly, since Chloe has a material interest she cannot be\npresent for the consideration of the issue or take part in the decision.\n(3) Any other board member who also has a material interest in the issue\nmust not be present when the board is considering its decision under\nsubsection (2).\nassociate, of a person, means—\n(a) the person’s business partner; or\n(b) a close friend of the person; or\n(c) a family member of the person.\nindirect interest—without limiting the kinds of indirect interests a\nperson may have, a person has an indirect interest in an issue if any\nof the following has an interest in the issue:\n(a) an associate of the person;\n(b) a corporation if the corporation has not more than 100 members\nand the person, or an associate of the person, is a member of the\ncorporation;\n(c) a subsidiary of a corporation mentioned in paragraph (b);\n(d) a corporation if the person, or an associate of the person, is an\nexecutive officer of the corporation;\n\n(e) the trustee of a trust if the person, or an associate of the person,\nis a beneficiary of the trust;\n(f) a member of a firm or partnership if the person, or an associate\nof the person, is a member of the firm or partnership;\n(g) someone else carrying on a business if the person, or an\nassociate of the person, has a direct or indirect right to\nparticipate in the profits of the business.\nmaterial interest—a board member has a material interest in an issue\nif the member has a direct or indirect—\n(a) financial interest in the issue; or\n(b) interest of any other kind if the interest could conflict with the\nproper exercise of the member’s functions in relation to the\nboard’s consideration of the issue.\n","sortOrder":101},{"sectionNumber":"98","sectionType":"section","heading":"Conditions of board appointment generally","content":"98 Conditions of board appointment generally\n(1) The Minister may, conditionally or unconditionally, allow the\npresident to take leave.\n(2) The president may, conditionally or unconditionally, allow a board\nmember (other than the president) to take leave for not longer than\n1 year.\nNote 1 The deputy president is a board member and so can be given leave under\ns (2).\nNote 2 The Minister may appoint a person to act in the position of someone on\nleave (see Legislation Act, s 209).\n(3) The board may decide, in writing, the allowances to be paid to board\nmembers.\n(4) However, if the remuneration tribunal sets a maximum amount of\nallowances for board members, the board must not pay its members\nmore than that amount.\n\nBoard meetings Division 7.3\n(5) The board may pay anyone who helps the board.\nExamples\n• someone who provides an expert opinion to the ACAT in relation to a report\nabout a veterinary practitioner\n• someone who provides legal advice, or other services, to the board\n• someone who serves on a panel or committee established by the board\n(6) The board must, if practicable, seek the Minister’s approval before\ntaking action under this Act that the board considers is likely to incur\nan extraordinary liability.\n(7) The board may apply to the Minister for financial assistance if the\nboard believes on reasonable grounds that it is likely to incur\nextraordinary expenses in relation to legal fees or damages because\nof the administration of this Act.\n","sortOrder":102},{"sectionNumber":"99","sectionType":"section","heading":"Board procedures","content":"99 Board procedures\n(1) The president presides at meetings of the board.\n(2) However, if the president is absent from a meeting, the deputy\npresident presides at the meeting.\n(3) A question arising at a meeting may be decided by a majority of the\nvotes of members present and voting.\n(4) If the votes of the board on a question are equally divided, the\ndecision of the member presiding is the decision of the board on the\nquestion.\n(5) The board may decide its own procedure in relation to anything for\nwhich a procedure is not provided under this Act.\n(6) The board must keep minutes of its meetings.\n\n","sortOrder":103},{"sectionNumber":"100","sectionType":"section","heading":"Quorum at board meetings","content":"100 Quorum at board meetings\n(1) Business may be carried on at a meeting of the board only if—\n(a) at least 4 members are present; and\n(b) at least 1 of the 4 members mentioned in paragraph (a) is the\npresident or deputy president.\n(2) However, a quorum may still be formed if—\n(a) neither the president nor deputy president is present; and\n(b) at least 4 members are present; and\n(c) the members present agree to appoint a member to preside over\nthe meeting.\nExamples—par (a)\n• both the president and deputy president are on leave\n• the president cannot be present because of a conflict of interest and the deputy\npresident is on leave\n","sortOrder":104},{"sectionNumber":"101","sectionType":"section","heading":"Reporting on exercise of functions","content":"101 Reporting on exercise of functions\n(1) The Minister may, in writing, ask for a written report from the board\nabout the exercise of its functions.\n(2) The request may be for a general report or a report in relation to stated\ncriteria or a stated matter.\n(3) The board must provide a report under subsection (2) within the time\nthe Minister reasonably requires.\n\nBoard misconduct Division 7.4\n","sortOrder":105},{"sectionNumber":"Div 7","sectionType":"division","heading":"4 Board misconduct","content":"Division 7.4 Board misconduct\n","sortOrder":106},{"sectionNumber":"102","sectionType":"section","heading":"Failure by board to exercise functions diligently","content":"102 Failure by board to exercise functions diligently\n(1) If the Minister is not satisfied that the board is exercising its functions\ndiligently, the Minister may, in writing—\n(a) tell the board that the Minister is not satisfied that the board is\nexercising its functions diligently; and\n(b) give the board reasons why the Minister is not satisfied; and\n(c) give the board at least 14 days after the day the notice is given\nto the board to make representations to the Minister about the\nNote The functions of the board are set out in s 91.\n(2) If, after considering any representations made by the board within the\ntime set out in the notice, the Minister is not satisfied that the board\nis exercising its functions diligently, the Minister may, in writing, tell\nthe board what it must do for the Minister to be satisfied.\n(3) A regulation may prescribe matters that the Minister must or may take\ninto consideration in deciding for this section whether the board is\nexercising its functions diligently.\nNote The power of appointment includes the power to suspend or end the\nappointment (see Legislation Act, s 208).\nNote The board is a territory authority and as such is subject to separate\nfinancial and governance requirements under the Financial Management\nAct 1996, pt 8 and pt 9.\n","sortOrder":107},{"sectionNumber":"103","sectionType":"section","heading":"Offence—prohibition on business","content":"103 Offence—prohibition on business\nA member of the board must not authorise the board to carry on\nbusiness except in the exercise of its functions.\n\n","sortOrder":108},{"sectionNumber":"104","sectionType":"section","heading":"Appointment of registrar","content":"104 Appointment of registrar\nThe board must appoint a person as registrar for the board.\n","sortOrder":109},{"sectionNumber":"105","sectionType":"section","heading":"Registrar—functions","content":"105 Registrar—functions\n(1) The registrar—\n(a) is responsible for the management of the board’s affairs, subject\nto any direction given by the board; and\n(b) must advise the board; and\n(c) has any other function given to the registrar under a territory\nlaw.\n(2) The registrar may delegate a function given to the registrar under a\nterritory law to a public servant.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":110},{"sectionNumber":"106","sectionType":"section","heading":"Employment of staff etc","content":"106 Employment of staff etc\n(1) The board may engage the people, or buy the services, that are\nnecessary or desirable to help it to exercise its functions.\n(2) Without limiting subsection (1), the board may engage a person on a\nfee or contractual basis to provide advice or other assistance.\nNote Person includes a corporation (see Legislation Act, dict, pt 1).\n","sortOrder":111},{"sectionNumber":"107","sectionType":"section","heading":"Committees","content":"107 Committees\n(1) The board may establish 1 or more committees to assist it to exercise\nits functions.\n(2) Not all members of the board need be members of a committee.\n\nBoard administration Division 7.5\n(3) The board or the committee may decide—\n(a) how the committee is to exercise its functions; and\n(b) the procedure to be followed for meetings of the committee.\n","sortOrder":112},{"sectionNumber":"108","sectionType":"section","heading":"Delegation by board","content":"108 Delegation by board\n(1) The board may delegate a function to—\n(a) a board member; or\n(b) the registrar; or\n(c) a committee of the board; or\n(d) anyone else the board considers appropriate.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n(2) The board must not delegate the board’s decision-making power\nunder any of the following:\n(a) section 60 (Board may dismiss certain complaints);\n(b) section 61 (Decision on completion of investigation);\n(c) section 62 (Indication that offence committed);\n(d) section 65 (Application to ACAT for occupational discipline).\n\n","sortOrder":113},{"sectionNumber":"109","sectionType":"section","heading":"Inspectors","content":"109 Inspectors\nThe board may appoint an individual as an inspector.\n","sortOrder":114},{"sectionNumber":"110","sectionType":"section","heading":"Identity cards","content":"110 Identity cards\n(1) The registrar must give an inspector an identity card stating the\nperson’s name and position.\n(2) The identity card must show—\n(a) a recent photograph of the person; and\n(b) the card’s date of issue and expiry; and\n(c) anything else prescribed by regulation.\n(3) A person commits an offence if—\n(a) the person stops being an inspector; and\n(b) the person does not return the person’s identity card to the board\nas soon as practicable, but not later than 7 days after the day the\nperson stops being an inspector.\nMaximum penalty: 1 penalty unit.\n(4) An offence against this section is a strict liability offence.\n\n","sortOrder":115},{"sectionNumber":"111","sectionType":"section","heading":"Meaning of premises—div 8.2","content":"111 Meaning of premises—div 8.2\nIn this division:\npremises includes land, structure, vehicle or boat.\n","sortOrder":116},{"sectionNumber":"112","sectionType":"section","heading":"Powers of entry and search","content":"112 Powers of entry and search\n(1) For this Act, an inspector may enter premises—\n(a) if the premises are premises that the public is entitled to use or\nthat are open to the public (whether or not on payment of\nmoney)—at any reasonable time; or\n(b) at any time when premises are open for business; or\n(c) at any time when there are reasonable grounds for suspecting\nthat veterinary science is being practised at the premises; or\n(d) at any time with the occupier’s consent; or\n(e) in accordance with a registration condition; or\n(f) in accordance with a search warrant; or\n(g) if the inspector believes on reasonable grounds that the\ncircumstances are so serious and urgent that immediate entry to\nthe premises without the authority of a search warrant is\nnecessary—at any time.\n(2) However, subsection (1) (a), (b) and (c) do not authorise entry into a\npart of premises that is being used only for residential purposes.\n(3) An inspector may, without the consent of the occupier of premises,\nenter land around the premises to ask for consent to enter the\n(4) To remove any doubt, an inspector may enter premises under\nsubsection (1) without payment of an entry fee or other charge.\n\n(5) In this section:\nat any reasonable time includes at any time when the public is\nentitled to use the premises, or when the premises are open to or used\nby the public (whether or not on payment of money).\n","sortOrder":117},{"sectionNumber":"113","sectionType":"section","heading":"Production of identity card","content":"113 Production of identity card\nAn inspector must not remain at premises entered under this part if\nthe inspector does not produce the inspector’s identity card when\nasked by the occupier.\n","sortOrder":118},{"sectionNumber":"114","sectionType":"section","heading":"Consent to entry","content":"114 Consent to entry\n(1) When seeking the consent of an occupier of premises to enter\npremises under section 112 (1) (d), an inspector must—\n(a) produce the inspector’s identity card; and\n(b) tell the occupier—\n(i) the purpose of the entry; and\n(ii) that anything found and seized under this part may be used\nin evidence in a court or tribunal; and\n(iii) that consent may be refused.\n(2) If the occupier consents, the inspector must ask the occupier to sign a\nwritten acknowledgment (an acknowledgment of consent)—\n(a) that the occupier was told—\n(i) that anything found and seized under this part may be used\nin evidence in court; and\n(ii) that consent may be refused; and\n(b) that the occupier consented to the entry; and\n(c) stating the time and date when consent was given.\n\n(3) If the occupier signs an acknowledgment of consent, the inspector\nmust immediately give a copy to the occupier.\n(4) A court must find that the occupier did not consent to entry to the\npremises by the inspector under this part if—\n(a) the question arises in a proceeding in the court whether the\noccupier consented to the entry; and\n(b) an acknowledgment of consent is not produced in evidence; and\n(c) it is not proved that the occupier consented to the entry.\n","sortOrder":119},{"sectionNumber":"115","sectionType":"section","heading":"Powers of inspectors","content":"115 Powers of inspectors\n(1) An inspector who enters premises in accordance with section 112\nmay, if the inspector believes it is reasonably necessary for this Act—\n(a) examine any animal in or on the premises; or\n(b) give assistance to any animal on the premises; or\n(c) take measurements or conduct tests; or\n(d) take samples; or\n(e) inspect the premises and anything in or on the premises\n(including a document); or\n(f) take copies of, or extracts from, any document in or on the\npremises; or\n(g) take photographs or make films or videotapes of the premises or\nany animal or thing in or on the premises; or\n(h) seize anything (including a document), that the inspector\nbelieves on reasonable grounds to be connected with an offence;\nor\n(i) require any person in or on the premises to give the inspector\nsuch assistance as is reasonable to enable the inspector to\nexercise the inspector’s powers under this section; or\n\n(j) ask questions of any person in or on the premises where the\ninspector considers it reasonable to enable the inspector to\nexercise powers under this section.\n(2) An inspector must not—\n(a) give a document seized under subsection (1) to someone else\n(other than the board); or\n(b) give a copy of a document inspected or seized under\nsubsection (1) to someone else (other than the board); or\n(c) communicate to someone else (other than the board) the\ncontents of a document inspected or seized under subsection (1).\n(3) Subsection (2) does not apply if the document or copy is given, or the\ncommunication is made for the purposes of the investigation or\nprosecution of an offence.\n(4) A person must take reasonable steps to comply with a requirement\nmade of the person under subsection (1) (i).\n","sortOrder":120},{"sectionNumber":"116","sectionType":"section","heading":"Direction to give name and address—inspector","content":"116 Direction to give name and address—inspector\n(1) This section applies if an inspector believes on reasonable grounds\nthat a person—\n(a) has committed, is committing or is about to commit an offence\nagainst this Act; or\n(b) may be able to assist in the investigation of an offence against\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\n(2) The inspector may direct the person to give the inspector,\nimmediately, any of the following personal details:\n(a) the person’s full name;\n(b) the person’s home address.\n(3) The person may ask the inspector to produce the inspector’s identity\ncard for inspection by the person.\n(4) If the inspector believes on reasonable grounds that a personal detail\ngiven by a person in response to a direction under subsection (2) is\nfalse or misleading, the inspector may direct the person to produce\nevidence immediately of the correctness of the detail.\n(5) If an inspector gives a direction under this section to a person, the\ninspector must tell the person that it is an offence if the person fails\nto comply with the direction.\n","sortOrder":121},{"sectionNumber":"117","sectionType":"section","heading":"Offence—fail to comply with inspector’s direction to give","content":"117 Offence—fail to comply with inspector’s direction to give\nname and address\n(1) A person commits an offence if the person—\n(a) is subject to a direction under section 116 (2); and\n(b) fails to comply with the direction.\nMaximum penalty: 5 penalty units.\n(2) An offence against this section is a strict liability offence.\n(3) This section does not apply to a person if the inspector did not\nproduce the inspector’s identity card for inspection by the person if\nasked.\n\n(4) This section does not apply to a person if the inspector did not, before\ngiving the direction, warn the person that failure to comply with the\ndirection is an offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n","sortOrder":122},{"sectionNumber":"118","sectionType":"section","heading":"Warrants generally","content":"118 Warrants generally\n(1) An inspector may apply to a magistrate for a warrant to enter\n(2) The application must be sworn and state the grounds on which the\nwarrant is sought.\n(3) The magistrate may refuse to consider the application until the\ninspector gives the magistrate all the information the magistrate\nrequires about the application in the way the magistrate requires.\n(4) The magistrate may issue a warrant only if satisfied there are\nreasonable grounds for suspecting—\n(a) there is a particular thing or activity connected with an offence\nagainst this Act; and\n(b) the thing or activity—\n(i) is, or is being engaged in, at the premises; or\n(ii) may be, or may be engaged in, at the premises within the\nnext 7 days.\n(5) The warrant must state—\n(a) that an inspector may, with any necessary assistance and force,\nenter the premises and exercise the inspector’s powers under this\npart; and\n(b) the offence for which the warrant is issued; and\n(c) the things that may be seized under the warrant; and\n(d) the hours when the premises may be entered; and\n\n(e) the date, within 7 days after the day of the warrant’s issue, the\nwarrant ends.\n","sortOrder":123},{"sectionNumber":"119","sectionType":"section","heading":"Warrants—application made other than in person","content":"119 Warrants—application made other than in person\n(1) An inspector may apply for a warrant by phone, email, radio or other\nform of communication if the inspector considers it necessary\nbecause of—\n(a) urgent circumstances; or\n(b) other special circumstances.\n(2) Before applying for the warrant, the inspector must prepare an\napplication stating the grounds on which the warrant is sought.\n(3) The inspector may apply for the warrant before the application is\nsworn.\n(4) After issuing the warrant, the magistrate must immediately email a\ncopy to the inspector if it is practicable to do so.\n(5) If it is not practicable to email a copy to the inspector—\n(a) the magistrate must tell the inspector—\n(i) the terms of the warrant; and\n(ii) the date and time the warrant was issued; and\n(b) the inspector must complete a form of warrant (the warrant\nform) and write on it—\n(i) the magistrate’s name; and\n(ii) the date and time the magistrate issued the warrant; and\n(iii) the warrant’s terms.\n(6) The emailed copy of the warrant, or the warrant form properly\ncompleted by the inspector, authorises the entry and the exercise of\nthe inspector’s powers under this part.\n\n(7) The inspector must, at the first reasonable opportunity, send to the\nmagistrate—\n(a) the sworn application; and\n(b) if the inspector completed a warrant form—the completed\nwarrant form.\n(8) On receiving the documents, the magistrate must attach them to the\nwarrant.\n(9) A court must find that a power exercised by the inspector was not\nauthorised by a warrant under this section if—\n(a) the question arises in a proceeding in the court whether the\nexercise of power was authorised by a warrant; and\n(b) the warrant is not produced in evidence; and\n(c) it is not proved that the exercise of power was authorised by a\nwarrant under this section.\n","sortOrder":124},{"sectionNumber":"120","sectionType":"section","heading":"Search warrants—announcement before entry","content":"120 Search warrants—announcement before entry\n(1) An inspector must, before anyone enters premises under a search\nwarrant—\n(a) announce that the inspector is authorised to enter the premises;\nand\n(b) give anyone at the premises an opportunity to allow entry to the\n(c) if the occupier of the premises, or someone else who apparently\nrepresents the occupier, is present at the premises—show the\nperson the inspector’s identity card.\n\n(2) The inspector is not required to comply with subsection (1) if the\ninspector believes on reasonable grounds that immediate entry to the\npremises is required to ensure—\n(a) the safety of anyone (including the inspector or any person\nassisting); or\n(b) that the effective execution of the warrant is not frustrated.\n","sortOrder":125},{"sectionNumber":"121","sectionType":"section","heading":"Details of search warrant to be given to occupier etc","content":"121 Details of search warrant to be given to occupier etc\nIf the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the inspector or a person assisting must\nmake available to the person—\n(a) a copy of the warrant; and\n(b) a document setting out the rights and obligations of the person\nin relation to the search warrant.\n","sortOrder":126},{"sectionNumber":"122","sectionType":"section","heading":"Occupier entitled to be present during search etc","content":"122 Occupier entitled to be present during search etc\n(1) If the occupier of premises, or someone else who apparently\nrepresents the occupier, is present at the premises while a search\nwarrant is being executed, the person is entitled to observe the search\nbeing conducted.\n(2) However, the person is not entitled to observe the search if—\n(a) to do so would impede the search; or\n(b) the person is under arrest, and allowing the person to observe\nthe search being conducted would interfere with the objectives\nof the search.\n(3) This section does not prevent 2 or more areas of the premises being\nsearched at the same time.\n\n","sortOrder":127},{"sectionNumber":"Part 9","sectionType":"part","heading":"Register and dealing with","content":"Part 9 Register and dealing with\ninformation\n","sortOrder":128},{"sectionNumber":"123","sectionType":"section","heading":"Board to maintain register of veterinary practitioners and","content":"123 Board to maintain register of veterinary practitioners and\n(1) The board must keep a register of—\n(a) veterinary practitioners registered under this Act; and\n(b) veterinary premises registered under this Act.\n(2) The register may be kept in the form of 1 or more registers, or 1 or\nmore parts, as long as the register complies with this Act.\n(3) The board must ensure that the information in the register is as\naccurate and current as practicable.\n(4) The board must on application, and may on its own initiative, make\nthe changes necessary to the register to give effect to subsection (3).\n(5) If a court or the ACAT orders the board to make a change to the\nregister, the board must make the change.\n","sortOrder":129},{"sectionNumber":"124","sectionType":"section","heading":"Contents of register—practitioners","content":"124 Contents of register—practitioners\n(1) For veterinary practitioners, the register must contain—\n(a) the registration details for each person registered as a veterinary\n(b) any other information in relation to a registered veterinary\npractitioner that the board considers necessary or desirable.\nregistration details, for a person, means the following:\n(a) the name of the person;\n\nRegister Division 9.1\n(b) the address of the person;\n(c) the qualifications held by the person;\n(d) the provision under which the person was registered;\n(e) the registration number given to the person;\n(f) the specialist registration held by the veterinary practitioner (if\nany);\n(g) the registration date;\n(h) the place at which the veterinary practitioner practises (if any);\n(i) any condition on registration;\n(j) if the person’s registration is suspended—the date the\nsuspension began and is to end;\n(k) anything else prescribed by regulation.\n","sortOrder":130},{"sectionNumber":"125","sectionType":"section","heading":"Contents of register—premises","content":"125 Contents of register—premises\n(1) For veterinary premises, the register must contain—\n(a) the registration details for each premises; and\n(b) any other information in relation to a registered veterinary\npremises that the board considers necessary or desirable.\nregistration details, for premises, means the following:\n(a) the name and address of the registration holder;\n(b) the business name of the premises;\n(c) the address of the premises;\n(d) any other registration or licence that relates to the premises or\nveterinary services provided at the premises;\n\n(e) state the nature of the veterinary services to be provided at the\nveterinary premises;\n(f) the registration number of the premises;\n(g) the provision of this Act under which the premises are\n(h) the registration date;\n(i) any condition on registration;\n(j) the name of the superintendent for the premises;\n(k) anything else prescribed by regulation.\nExample—par (d)\na licence to deal with a regulated radiation source\n","sortOrder":131},{"sectionNumber":"126","sectionType":"section","heading":"Information in register to be accessible and extractable","content":"126 Information in register to be accessible and extractable\nThe register must be kept in a way that allows the information about\na registered veterinary practitioner or registered premises to be\nreadily reproduced in an easily readable form.\n","sortOrder":132},{"sectionNumber":"127","sectionType":"section","heading":"Registration documents","content":"127 Registration documents\n(1) The board may issue a registration document to—\n(a) a registered veterinary practitioner; and\n(b) the registration holder of registered veterinary premises.\n(2) A registration document may contain such registration details as the\nboard considers necessary.\n(3) A registration document is evidence of the matters stated in the\n\nRegister Division 9.1\n","sortOrder":133},{"sectionNumber":"128","sectionType":"section","heading":"Registrar responsible for register","content":"128 Registrar responsible for register\n(1) The registrar must keep the register on behalf of the board.\n(2) Without limiting how the registrar may keep the register, the registrar\nmay do the following in relation to the register:\n(a) add the details of a newly registered veterinary practitioner;\n(b) add the details of newly registered veterinary premises;\n(c) remove the details of a veterinary practitioner who is no longer\n(d) remove the details of veterinary premises that are no longer\n(e) correct information in the register that is not, or is no longer,\naccurate.\n(3) To remove any doubt, the removal of details from the register does\nnot prevent the registrar from keeping a record of details removed.\n","sortOrder":134},{"sectionNumber":"129","sectionType":"section","heading":"Access to register","content":"129 Access to register\n(1) The register must be open for inspection by the public at reasonable\ntimes.\n(2) However, information that is not required to be included in the\nregister under section 124 (Contents of register—practitioners) or\nsection 125 (Contents of register—premises) need not be available to\nthe public.\n(3) Also, the board need not allow public inspection of a condition on the\nregistration of a veterinary practitioner if—\n(a) the condition contains information about someone other than the\nveterinary practitioner that the board is satisfied is, or may be,\nconfidential; or\n\n(b) in the board’s opinion, the benefit to the public of knowing the\ncondition is outweighed by the personal or prejudicial nature of\nthe condition.\n(4) The board may, if asked, give someone a copy of, or extract from, the\nregister.\n","sortOrder":135},{"sectionNumber":"130","sectionType":"section","heading":"Requests for changes of details in register","content":"130 Requests for changes of details in register\n(1) A registered veterinary practitioner or registration holder may apply\nto the board to change information in the register—\n(a) in the case of a practitioner—about the practitioner; or\n(b) in the case of the registration holder—about the registered\n(2) If the board receives an application under subsection (1), the board\nmust consider whether the change is necessary and tell the applicant,\nin writing, whether the board considers the change necessary.\nNote Because the board is required to keep the register current and accurate, if\nthe board considers the change necessary the board must make the change\nunder s 123 (4).\n(3) The board may, before deciding an application, ask the applicant, in\nwriting, for additional information in relation to the application.\n","sortOrder":136},{"sectionNumber":"131","sectionType":"section","heading":"When board must not charge fees etc for register","content":"131 When board must not charge fees etc for register\ncorrections\nThe board may not charge a fee, or must refund any fee paid, on\napplication for a change in the register if the change is necessary\nbecause of a mistake of the board.\n","sortOrder":137},{"sectionNumber":"132","sectionType":"section","heading":"Evidentiary certificate—contents of register","content":"132 Evidentiary certificate—contents of register\nIn any proceedings in a court, a certificate purporting to be signed by\nthe president stating that, on a stated date or during a stated period,\nthe particulars contained in the register as to stated matters were as so\nstated, is evidence as to the matters stated in the certificate.\n\nDealing with information Division 9.2\n","sortOrder":138},{"sectionNumber":"133","sectionType":"section","heading":"Meaning of information holder","content":"133 Meaning of information holder\ninformation holder means—\n(a) a person who is or has been a member of the board; or\n(b) anyone else who exercises or has exercised a function under this\nAct.\n","sortOrder":139},{"sectionNumber":"134","sectionType":"section","heading":"Nondisclosure of complaints","content":"134 Nondisclosure of complaints\n(1) This section applies in relation to a complaint made about a veterinary\npractitioner.\n(2) An information holder must not disclose information to the veterinary\npractitioner that allows the person who made the complaint (the\ncomplainant) to be identified if the information holder has reason to\nbelieve that the disclosure would, directly or indirectly—\n(a) put the health or safety of anyone at risk; or\n(b) cause anyone to receive a lower standard of service than the\nperson would have received if the complainant had not been\nidentified; or\n(c) prejudice the management of the complaint or its consideration\nby the board or the commission.\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Use and disclosure of protected information","content":"135 Use and disclosure of protected information\n(1) An information holder commits an offence if—\n(a) the information holder uses information; and\n(b) the information is protected information about someone else (the\nprotected person); and\n\n(c) the information holder is reckless about whether the information\nis protected information about the protected person.\n(2) An information holder commits an offence if—\n(a) the information holder does something that discloses\ninformation; and\n(b) the information is protected information about a protected\nperson; and\n(c) the information holder is reckless about whether—\n(i) the information is protected information about the\nprotected person; and\n(ii) doing the thing would result in the information being\ndisclosed to someone else.\n(3) Subsections (1) and (2) do not apply if the information holder uses or\ndiscloses protected information about the protected person—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as an information holder,\nunder this Act or another territory law; or\n(c) in a court proceeding; or\n(d) with the protected person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) (see Criminal Code, s 58).\n\nDealing with information Division 9.2\n(4) An information holder need not disclose protected information to a\ncourt, or produce a document containing protected information to a\ncourt, unless it is necessary to do so for this Act or another territory\nlaw.\n(5) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndisclose includes—\n(a) communicate; or\n(b) publish.\ninformation means information, whether true or not, in any form and\nincludes an opinion and advice.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, an information holder because of the\nexercise of a function under this Act by the information holder or\nsomeone else.\nuse, in relation to information, includes make a record of the\ninformation.\n\nPart 10 Notification and review of decisions\nPart 10 Notification and review of\ndecisions\n136 Meaning of reviewable decision—pt 10\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":141},{"sectionNumber":"137","sectionType":"section","heading":"Reviewable decision notices","content":"137 Reviewable decision notices\nIf a person makes a reviewable decision, the person must give a\nreviewable decision notice to each entity mentioned in schedule 1,\ncolumn 4 in relation to the decision.\nNote The person must also take reasonable steps to give a reviewable decision\nnotice to any other person whose interests are affected by the decision\n(see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n","sortOrder":142},{"sectionNumber":"138","sectionType":"section","heading":"Applications for review","content":"138 Applications for review\nThe following may apply to the ACAT for review of a reviewable\ndecision:\n(a) an entity mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 11\n","sortOrder":143},{"sectionNumber":"139","sectionType":"section","heading":"Information sharing","content":"139 Information sharing\n(1) The board may disclose to a relevant authority information about—\n(a) a contravention of this Act or an animal welfare law; or\n(b) any other information prescribed by regulation.\nanimal welfare law means the following:\n(a) the Animal Welfare Act 1992;\n(b) the Domestic Animals Act 2000;\n(c) in relation to a State—a law of the State relating to animal\nwelfare.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1).\ncorresponding law—\n(a) means a law of a State that provides for the regulation of\nveterinary services; and\n(b) includes a law of a State prescribed by regulation.\nrelevant authority means—\n(a) an entity responsible for the administration of an animal welfare\nlaw in the Territory; or\n(b) an inspector or authorised officer under the Animal Welfare\nAct 1992; or\n(c) an authorised person under the Domestic Animals Act 2000; or\n(d) an entity of a State responsible for the administration of a\ncorresponding law; or\n(e) any other entity prescribed by regulation.\n\n","sortOrder":144},{"sectionNumber":"140","sectionType":"section","heading":"Protection of participants","content":"140 Protection of participants\n(1) This section applies to a person who is or has been a participant in a\nproceeding about a complaint, or a review of conditions imposed on\na registered veterinary practitioner, before the board.\n(2) An action or proceeding does not lie against a person to whom this\nsection applies in relation to an act done, or omitted to be done,\nhonestly in that capacity.\n","sortOrder":145},{"sectionNumber":"141","sectionType":"section","heading":"Protection of informed people","content":"141 Protection of informed people\n(1) An information holder is not civilly liable for conduct engaged in\nhonestly and without recklessness—\n(a) in the exercise of a function under this Act; or\n(b) in the reasonable belief that the conduct was in the exercise of a\nfunction under this Act.\n(2) An information holder is, in any legal proceeding, competent but not\ncompellable to give evidence or produce documents in relation to any\nmatter in which the person was involved in the course of exercising\nthe person’s functions.\nNote Information holder—see s 133.\n","sortOrder":146},{"sectionNumber":"142","sectionType":"section","heading":"Exemptions from Act","content":"142 Exemptions from Act\n(1) The Minister may exempt a veterinary practitioner from a provision\nof this Act if satisfied that it is in the public interest to do so.\n(2) An exemption is a disallowable instrument.\n(3) An exemption must be made in accordance with the guidelines (if\nany) made under subsection (4).\n(4) The Minister may make guidelines for the giving of exemptions under\nsubsection (1).\n(5) A guideline is a disallowable instrument.\n\nMiscellaneous Part 11\n","sortOrder":147},{"sectionNumber":"144","sectionType":"section","heading":"Determination of fees by board","content":"144 Determination of fees by board\n(1) The board may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n(3) A regulation may prescribe when fees may not be charged.\n","sortOrder":148},{"sectionNumber":"145","sectionType":"section","heading":"Determination of fees by Minister","content":"145 Determination of fees by Minister\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":149},{"sectionNumber":"146","sectionType":"section","heading":"Fee waiver","content":"146 Fee waiver\n(1) A person required to pay a fee under this Act may apply to the board\nfor waiver of the fee.\n(2) The board may waive the fee if the board considers it appropriate.\n","sortOrder":150},{"sectionNumber":"147","sectionType":"section","heading":"Regulation-making power","content":"147 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may impose conditions, including restrictions, on the\npractice of veterinary science to protect animal welfare, the public or\nthe public interest.\n(3) A regulation may prescribe—\n(a) what an application for registration may require and how it must\nbe made; and\n(b) when (in addition to the circumstances already prescribed under\nthis Act) the board may apply for—\n(i) the suspension or cancellation of registration; or\n(ii) a declaration under section 67 (2) (f) (which is about a\nperson who is not registered); and\n\n(c) requirements in relation to insurance to be held by a registered\n(d) when a veterinary practitioner’s registration may be renewed,\nincluding when it may be renewed retrospectively; and\n(e) requirements in relation to annual general meetings under\nsection 92 including the following:\n(i) calling and giving of notice of a meeting;\n(ii) information to be provided at a meeting;\n(iii) procedures for conducting a meeting.\n(4) Also, a regulation may apply, adopt or incorporate (with or without\nchange) an instrument as in force at a particular time or from time to\ntime.\n\nReviewable decisions Schedule 1\n","sortOrder":151},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"Reviewable decisions","content":"Schedule 1 Reviewable decisions\n(see s 136)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nentity\n1 19 (1) (a) register person applicant for registration\n2 19 (1) (b) refuse to register person applicant for registration\n3 22 board amend registration registered veterinary\npractitioner\n4 23 (5) (b) refuse to amend registration applicant\n5 52 take immediate action veterinary practitioner subject\nto immediate action\n6 61 (1) (b) take disciplinary action veterinary practitioner subject\nto disciplinary action\n7 75 (1) (b) refuse to register veterinary\napplicant\n8 76 (b) impose condition on registered\nregistration holder of\n9 80 (1) board amend registration of\nregistration holder of\n10 81 (5) (b) refuse to amend registration of\napplicant\n11 130 refuse to update register applicant\n\n","sortOrder":152},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Unrestricted acts of veterinary science","content":"Schedule 2 Unrestricted acts of veterinary science\nSection 2.1\nSchedule 2 Unrestricted acts of veterinary\nscience\n(see s 7 (5))\n2.1 Unrestricted acts of veterinary science\n(1) The following are unrestricted acts of veterinary science:\n(a) de-worming an animal;\n(b) performing Mules operation on sheep less than 12 months old;\n(c) de-horning of—\n(i) cattle less than 12 months old; or\n(ii) goats less than 1 month old;\n(d) horn tipping an animal;\n(e) castrating—\n(i) cattle, sheep or goats less than 6 months old; or\n(ii) pigs less than 2 months old;\n(f) tailing sheep less than 6 months old;\n(g) artificial breeding of any animal other than a horse if the\nprocedure does not involve surgery;\n(h) determining the sex of a chicken;\n(i) administration of an anaesthetic to an animal if the\nadministration is done under the immediate and direct\nsupervision of a veterinary practitioner;\n(j) diagnosing pregnancy in sheep by ultrasonic techniques in a way\nprescribed by regulation.\n\nUnrestricted acts of veterinary science Schedule 2\nSection 2.1\nde-horn means remove the horn of an animal by methods which\ndestroy or remove the keratin producing cells and structures at the\nbase of the horn, but does not include horn tipping.\nhorn tip means remove the insensitive part of the horn of an animal.\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• appoint\n• bankrupt\n• chief police officer\n• Commonwealth Criminal Code\n• Corporations Act\n• Criminal Code\n• disallowable instrument (see s 9)\n• entity\n• Executive\n• exercise\n• financial year\n• function\n• Legislative Assembly\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• occupational discipline order\n• penalty unit (see s 133)\n• person (see s 160)\n• police officer\n• reviewable decision notice\n• Self-Government Act\n• State\n• territory law\n• the Territory\n• under.\n\nannual registration fee means the annual registration fee payable\nunder section 79.\nanother jurisdiction—see section 33.\napplication, for registration, includes an application for renewal of\nregistration.\nAVBC means the Australasian Veterinary Boards Council Inc\n(ABN 49 337 540 469).\nboard means the ACT Veterinary Practitioners Board established\nunder section 90.\nbusiness name—see the Business Names Registration\nAct 2011 (Cwlth).\ncommission means the human rights commission.\ncomplainant means the person who made the complaint under\ndivision 5.2.\ncomplaint means a complaint made under section 43 (Who may\ncomplain).\ncorresponding law, of another jurisdiction, means a law of that\njurisdiction that corresponds to this Act.\ndeemed registration—see section 34.\ndeputy president means the person elected deputy president under\nsection 95 (2).\nexecutive officer, of a corporation, means a person, however\ndescribed and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\ngeneral registration means registration as a veterinary practitioner\npermitted to carry out a restricted act of veterinary science other than\nan act that requires specialist registration.\n\nground for occupational discipline, in relation to a veterinary\npractitioner—see section 64.\nimmediate action, in relation to a registered veterinary practitioner,\nfor subdivision 5.3.1 (Immediate action)—see section 51.\ninformation includes documents.\ninformation holder—see section 133.\nnon-practising veterinary practitioner means a veterinary\npractitioner registered as a non-practising veterinary practitioner.\npremises, for division 8.2 (Powers of inspectors)—see section 111.\npresident means the president of the board under section 93 (1) (a).\nprofessional misconduct—see section 40.\nqualified to hold—\n(a) a general registration as a veterinary practitioner—see\nsection 28; and\n(b) a specialist registration as a veterinary practitioner—see\nsection 29.\nregister means the register of veterinary practitioners and veterinary\npremises under section 123.\nregistered, in relation to veterinary premises, for part 6 (Registration\nof veterinary premises)—see section 71.\nregistered veterinary practitioner—see section 9.\nregistrar, for the board, means the registrar appointed by the board\nunder section 104.\nregistration document—see section 127.\nregistration, in relation to veterinary premises, for part 6\nregistration holder, of registered veterinary premises, for part 6\n\nrestricted act of veterinary science—see section 7.\nreviewable decision, for part 10 (Notification and review of\ndecisions)—see section 136.\nspecialist registration means registration of a veterinary practitioner\nthat authorises the practitioner to carry out a stated restricted act of\nveterinary science.\nsuitability information, about a person—see section 31.\nsuitable person, to be registered as a veterinary practitioner—see\nsection 30.\nsuperintendent, of registered veterinary premises, for part 6\nunrestricted act of veterinary science—see section 7 (5).\nunsatisfactory professional conduct—see section 41.\nveterinary practice means a business that supplies veterinary science\nservices.\nveterinary practitioners code of professional conduct—see\nsection 42.\nveterinary practitioner, for part 5 (Complaints and disciplinary\nproceedings)—see section 39.\nveterinary premises, for part 6 (Registration of veterinary\npremises)—see section 71.\nveterinary premises standard, for part 6 (Registration of veterinary\npremises)—see section 72.\nveterinary science—see section 8.\n\n1 About the endnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":153},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nLegislation history 3\n3 Legislation history\nVeterinary Practice Act 2018 A2018-32\nnotified LR 30 August 2018\ns 1, s 2 commenced 30 August 2018 (LA s 75 (1))\nremainder commenced 21 December 2018 (s 2 and CN2018-12)\nas amended by\nStatute Law Amendment Act 2019 A2019-42 sch 3 pt 3.24\nnotified LR 31 October 2019\ns 1, s 2 commenced 31 October 2019 (LA s 75 (1))\nsch 3 pt 3.24 commenced 14 November 2019 (s 2 (1))\nStatute Law Amendment Act 2021 A2021-12 sch 3 pt 3.62\nnotified LR 9 June 2021\ns 1, s 2 commenced 9 June 2021 (LA s 75 (1))\nsch 3 pt 3.62 commenced 23 June 2021 (s 2 (1))\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.41\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.41 commenced 24 August 2022 (s 2)\nTransport Canberra and City Services Legislation Amendment\nAct 2023 A2023-27 pt 5\nnotified LR 7 July 2023\ns 1, s 2 commenced 7 July 2023 (LA s 75 (1))\npt 5 commenced 14 July 2023 (s 2)\nVeterinary Practice Amendment Act 2025 A2025-20 pt 2\nnotified LR 2 July 2025\ns 1, s 2 commenced 2 July 2025 (LA s 75 (1))\npt 2 commenced 16 July 2025 (s 2 (1))\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.99, sch 4\npt 4.187\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.99, sch 4 pt 4.187 commenced 26 November 2025 (s 2 (3),\n(9))\n\nCommencement\ns 2 om LA s 89 (4)\nObjects of Act\ns 6 am A2025-20 s 5\nApplication and decision\ndiv 3.1 hdg note om A2022-14 amdt 3.216\nApplication\ns 16 am A2019-42 amdt 3.105; A2025-29 amdt 4.190\nAmendment of registration on application\ns 23 am A2025-29 amdt 4.190\nAnnual renewal of registration\ns 24 am A2025-29 amdt 4.190\nQualification for general or non-practising registration\ns 28 am A2025-20 s 6\nMeaning of suitability information\ns 31 am A2025-29 amdt 3.356\nRemoval of veterinary practitioner from register\ns 32 am A2025-20 s 7; pars renum R8 LA\nVeterinary practitioners code of professional conduct\ns 42 am A2025-29 amdt 4.190\nConsiderations before making occupational discipline orders—suspension\nor cancellation of registration\ns 66 am A2025-20 s 8\nInteraction with commission\ns 70 am A2025-20 s 9\nBoard may make veterinary premises standard\ns 72 am A2025-29 amdt 4.190\nApplication for registration of veterinary premises\ns 73 am A2025-29 amdt 4.190\nAnnual registration fee\ns 79 am A2025-29 amdt 4.190\nAmendment of registration on application\ns 81 am A2025-29 amdt 4.190\nCancellation or suspension of registration by ACAT\ns 84 am A2025-29 amdt 4.190\n\nAmendment history 4\nBoard—functions\ns 91 am A2025-20 s 10\nAnnual general meeting of veterinary profession\ns 92 am A2025-20 s 11\nBoard membership\ns 93 am A2023-27 s 23\nConsultation about appointment to board\ns 96 am A2025-20 s 12\nQuorum at board meetings\ns 100 am A2023-27 s 24\nAppointment of registrar\ns 104 am A2021-12 amdt 3.177\nDirection to give name and address—inspector\ns 116 am A2025-29 amdt 4.190\nAccess to register\ns 129 am A2025-29 amdt 4.190\nReviewable decision notices\ns 137 am A2025-29 amdt 4.190\nApplications for review\ns 138 am A2025-29 amdt 4.190\nExemptions from Act\ns 142 am A2021-12 amdt 3.178; A2025-29 amdt 4.190\nDeclared professional bodies\ns 143 om A2025-20 s 13\nDetermination of fees by board\ns 144 am A2021-12 amdt 3.178; A2025-29 amdt 4.190\nDetermination of fees by Minister\ns 145 am A2021-12 amdt 3.178; A2025-29 amdt 4.190\nDeclared professional bodies\ns 147 am A2025-20 ss 14-16; ss renum R8 LA\nReview of Act\ns 148 exp 21 December 2024 (s 148 (3))\nRepeals and consequential amendments\npt 12 hdg om LA s 89 (3)\nLegislation repealed\ns 149 om LA s 89 (3)\n\nLegislation amended—sch 3\ns 150 om LA s 89 (3)\nTransitional\npt 20 hdg exp 21 December 2020 (s 212)\nDefinitions—pt 20\ns 200 exp 21 December 2020 (s 212)\ndef commencement day exp 21 December 2020 (s 212)\ndef repealed Act exp 21 December 2020 (s 212)\nVeterinary surgeons—applications\ns 201 exp 21 December 2020 (s 212)\nVeterinary surgeons—registration\ns 202 exp 21 December 2020 (s 212)\nVeterinary surgeons—suspended registration\ns 203 exp 21 December 2020 (s 212)\nVeterinary surgeons—complaints\ns 204 exp 21 December 2020 (s 212)\nVeterinary surgeons board—agreements and undertakings\ns 205 exp 21 December 2020 (s 212)\nMembers of board\ns 206 exp 21 December 2020 (s 212)\nRegister\ns 207 exp 21 December 2020 (s 212)\nGrounds for occupational discipline\ns 208 exp 21 December 2020 (s 212)\nOccupational discipline applications before ACAT\ns 209 exp 21 December 2020 (s 212)\nExecutive officer to be registrar\ns 210 exp 21 December 2020 (s 212)\nTransitional regulations\ns 211 exp 21 December 2020 (s 212)\nExpiry—pt 20\ns 212 exp 21 December 2020 (s 212)\nConsequential amendments\nsch 3 om LA s 89 (3)\ndict am A2025-29 amdt 3.357\ndef declared professional body om A2025-20 s 17\ndef exempt entity om A2019-42 amdt 3.106\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\n21 Dec 2018\n21 Dec 2018–\n13 Nov 2019\nnot amended new Act\n14 Nov 2019\n14 Nov 2019–\n21 Dec 2020\nA2019-42 amendments by\nA2019-42\n22 Dec 2020\n22 Dec2020–\nA2019-42 expiry of\ntransitional\nprovisions (pt 20)\n23 June 2021–\n23 Aug 2022\nA2021-12 amendments by\nA2021-12\n24 Aug 2022\n24 Aug 2022–\nA2022-14 amendments by\nA2022-14\n14 July 2023–\n21 Dec 2024\nA2023-27 amendments by\nA2023-27\n22 Dec 2024\n22 Dec 2024–\nA2023-27 expiry of provision\n(s 148)\n16 July 2025–\n25 Nov 2025\nA2025-20 amendments by\nA2025-20\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":154}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":665},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose of regulating veterinary practitioners and premises. The 2025 amendments (A2025-20 and A2025-29) made technical and procedural updates including to continuing professional development requirements, board functions, and fee determinations, but did not substantially expand the scope beyond veterinary regulation."},"complexity_factors":["Multiple overlapping registration categories (general, specialist, non-practising, deemed)","Extensive cross-referencing between Parts — especially between registration rules (Part 3), complaints/disciplinary processes (Part 5), and enforcement powers (Part 8)","Conditional logic throughout: exceptions for students, emergencies, and prescribed persons in section 10; emergency defences for premises offences in section 86","Detailed procedural requirements for complaints, investigations, and immediate action with specific timeframes (7 days, 14 days, 28 days, 40 days)","Nested definitions: 'suitability information' (s 31) incorporates 10 categories of offences plus impairment, bankruptcy, and professional conduct findings","Inspector powers (Part 8) include warrant procedures with alternative application methods (phone/email/radio) and complex consent requirements","Interaction with external bodies: ACAT for reviews and occupational discipline, Human Rights Commission for joint complaint handling, and other jurisdictions for mutual recognition"],"plain_english_summary":"This Act controls who may practise veterinary medicine in the ACT and where, by requiring vets and veterinary premises (including mobile services) to be registered to perform restricted acts. It creates an ACT Veterinary Practitioners Board to register and discipline practitioners, recognises certain interstate registrations, and sets general, specialist and non‑practising categories.\n\nIt also protects animals and the public through inspection, complaints, suspension/cancellation powers and offences for unregistered practice or false representation."},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"Sections 39, 43 and 50","severity":"high","reasoning":"Section 39 includes former practitioners and practitioners whose registration is suspended within “veterinary practitioner” for part 5. Section 43 permits complaints about them. Section 50 then requires the board to notify “the registered veterinary practitioner”. Under section 9, a suspended practitioner is excluded from that defined term, while a former practitioner is no longer registered.","confidence":0.95,"description":"The mandatory complaint notice cannot operate as written for former or suspended practitioners.","source_quotes":["veterinary practitioner means—\n(a) a registered veterinary practitioner; or\n(b) a person who was, but is no longer, a registered veterinary\npractitioner; or\n(c) a person whose registration as a veterinary practitioner is\nsuspended.","registered veterinary practitioner means a veterinary practitioner\nregistered under this Act other than a veterinary practitioner whose\nregistration is suspended.","On receiving a complaint under section 43, the board must, in writing,\ntell the registered veterinary practitioner—"]}],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's substantive scope has been amended since enactment. Recent amendments (noted in the amendment history) altered the objects (s 6), qualification and registration rules (s 28; s 23, s 24 amendments), the board’s functions and membership (s 91; s 93), suitability information (s 31), inspectors’ powers (s 116), and premises regulation and fees (ss 72–73, 79). These changes expand and clarify regulatory reach—strengthening board powers, refining eligibility and information rules, and increasing premises‑level controls—shifting more detail into regulation and board standards (see endnotes and amendment history entries)."},"complexity_factors":["Multiple regulated classes and pathways (general, specialist, non-practising, deemed registration) increasing eligibility and recognition rules (ss 16, 28–29, 34–36).","Broad board discretion to impose, amend or suspend registration conditions and to set standards and fees (ss 21–23, 72, 144–145).","Layered complaints and disciplinary architecture involving board investigations, immediate action, ACAT applications and interaction with the Human Rights Commission (Divs 5.2–5.4; ss 51–56, 61, 65–70).","Extensive inspector powers for entry, search, seizure, testing and commands with warrant and urgent-entry regimes (ss 112–121).","Information governance rules creating protected-information offences, nondisclosure duties and targeted information‑sharing (ss 133–135, 139).","Criminal and strict‑liability offences for unregistered practice, false representations and obstruction, with significant penalties (ss 10–15, 86–89, 117).","Regulation‑making power enabling further prescription of restricted acts, insurance and registration criteria — leaving substantive details to subordinate instruments (s 147).","Public register accessibility balanced against confidentiality and redaction rules; administrative burden for maintaining accuracy and dealing with corrections (ss 123, 126, 129–131).","Interjurisdictional recognition and automatic deemed registration mechanics that can transfer regulatory consequences across borders (ss 34–38).","Numerous delegated powers, committees and administrative processes (appointments, registrar functions, delegations) that diffuse decision‑making and require governance safeguards (ss 104–108)."],"plain_english_summary":"Mechanically, this Act sets up a licensing and enforcement framework: it defines which veterinary procedures are restricted, requires registration for practitioners and premises, creates the ACT Veterinary Practitioners Board to set standards and handle complaints, and gives inspectors powers to enter, inspect and seize (see ss 7, 16, 71, 90, 112). It affects veterinarians, clinic owners, students and consumers by specifying registration classes, conduct standards, reporting duties, fees and penalties for unlicensed or improper practice (see ss 19–26, 41–67, 79, 10)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/veterinary-practice-act-2018","history":"/api/acts/veterinary-practice-act-2018/history","analysis":"/api/acts/veterinary-practice-act-2018/analysis","conflicts":"/api/acts/veterinary-practice-act-2018/conflicts","importantCases":"/api/acts/veterinary-practice-act-2018/important-cases","documents":"/api/acts/veterinary-practice-act-2018/documents"}}