{"id":"nsw:sl-2013-0490","name":"Veterinary Practice Regulation 2013","slug":"veterinary-practice-regulation-2013","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"490 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178030,"registerId":"nsw-nsw:sl-2013-0490-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Veterinary Practice Regulation 2013](/view/html/inforce/current/sl-2013-0490).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2013 and is required to be published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation replaces the [Veterinary Practice Regulation 2006](/view/html/repealed/current/sl-2006-0533) which is repealed on 1 September 2013 by section 10(2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Regulation—\n> > \n> > code of conduct means the veterinary practitioners code of professional conduct established by clause 13.\n> > \n> > horse includes a donkey and a mule.\n> > \n> > the Act means the [Veterinary Practice Act 2003](/view/html/inforce/current/act-2003-087).\n> \n> > (2) A reference in this Regulation to the Department of Primary Industries is a reference to the Department of Primary Industries within the Department of Trade and Investment, Regional Infrastructure and Services.\n> \n> > (3) Notes included in this Regulation do not form part of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Practice of veterinary science","content":"# Part 2 Practice of veterinary science\n\nPart 2 Practice of veterinary science","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Restricted acts of veterinary science","content":"#### 4 Restricted acts of veterinary science\n\n4 Restricted acts of veterinary science\n\n> > (1) The following acts of veterinary science are declared to be restricted acts of veterinary science for the purposes of the Act—\n> > \n> > > (a) examination of or attendance on any animal\n> > > \n> > > the examination of or attendance on any animal for the purpose of diagnosing the physiological or pathological condition of the animal, including for the purpose of diagnosing pregnancy in a horse, but not for the purpose of diagnosing pregnancy in any other animal,\n> > \n> > > (b) treatments, procedures or tests that require anaesthesia etc\n> > > \n> > > the carrying out of any treatment, procedure or test on an animal that, according to current standards of the practice of veterinary science, to avoid harm or suffering to the animal, should not be undertaken without anaesthetising the animal (otherwise than by a topical anaesthetic) or without sedating or tranquillising the animal,\n> > \n> > > (c) administration of an anaesthetic agent\n> > > \n> > > the administration of an anaesthetic agent (other than a topical anaesthetic) to an animal otherwise than under the immediate and direct supervision of a veterinary practitioner,\n> > \n> > > (d) specific procedures\n> > > \n> > > the following treatments, procedures and tests—\n> > > \n> > > > (i) the performing of laparoscopic surgery on any animal,\n> > > \n> > > > (ii) the performing of the Mules operation on sheep that are 12 months of age or older,\n> > > \n> > > > (iii) the tailing of sheep that are 6 months of age or older,\n> > > \n> > > > (iv) the de-horning of cattle that are 12 months of age or older,\n> > > \n> > > > (v) the de-horning of goats that are 1 month of age or older,\n> > > \n> > > > (vi) the removal of immature antlers in velvet from deer,\n> > > \n> > > > (vii) the carrying out in respect of an animal of any artificial breeding procedure involving surgery,\n> > > \n> > > > (viii) the castrating of cattle, sheep, goats, camels, deer, American bison, water buffalo or blackbuck that are 6 months of age or older,\n> > > \n> > > > (ix) the castrating of pigs that are 2 months of age or older,\n> > > \n> > > > (x) the castrating at any age of animals other than cattle, sheep, goats, pigs, camels, deer, American bison, water buffalo or blackbuck,\n> > > \n> > > > (xi) the insertion of microchips into horses,\n> > \n> > > (e) insertion of any thing into certain body cavities\n> > > \n> > > the carrying out of any treatment, procedure or test that involves the insertion of any thing in the nasal passage, nasal sinuses, thoracic cavity, abdominal cavity, pelvic cavity, urethra, cranial cavity, spinal canal, tooth alveolar cavity, eye, orbital cavity, tympanic cavity, joint spaces or any other synovial cavity of any animal, except for—\n> > > \n> > > > (i) an insertion into an animal’s mouth or oesophagus, or\n> > > \n> > > > (ii) an insertion into the rectum of an animal other than a horse, or\n> > > \n> > > > (iii) an insertion into the left flank of cattle or sheep to puncture the rumen for the purpose of relieving acute bloat, but only if the animal is examined by a veterinary practitioner as soon as practicable after the puncture has been made,\n> > \n> > > (f) insertion of any thing into uterus or rectum of horse\n> > > \n> > > the carrying out of any treatment, procedure or test that involves the insertion of any thing into the uterus of a horse or the insertion of any thing other than a thermometer into the rectum of a horse,\n> > \n> > > (g) dental procedures on animals other than horses\n> > > \n> > > the performing of any dental procedure other than tooth cleaning on any animal other than a horse,\n> > \n> > > (h) dental procedures on horses\n> > > \n> > > the performing on a horse of any dental procedure that involves—\n> > > \n> > > > (i) making an incision through the skin or oral mucosa, or\n> > > \n> > > > (ii) extracting a tooth by repulsion, or\n> > > \n> > > > (iii) entry below the gum line, or\n> > > \n> > > > (iv) any other activity to maintain or restore correct dental function.\n> \n> > (2) Despite subclause (1), the following activities are excluded from the declaration of restricted acts of veterinary science—\n> > \n> > > (a) cleaning, rasping, grinding or cutting the teeth of a horse,\n> > \n> > > (b) removing a loose tooth or deciduous tooth cap from a horse,\n> > \n> > > (c) using a power tool to carry out a procedure to maintain or restore correct dental function on a horse that has been adequately sedated under the immediate and direct supervision of a veterinary practitioner.\n> \n> > (3) In this clause—\n> > \n> > anaesthetic agent means an anaesthetic agent, including a narcoleptic agent, an analgesic, a sedative or a tranquilliser, that is specified in Schedule Four or Schedule Eight to the Poisons List proclaimed under the [Poisons and Therapeutic Goods Act 1966](/view/html/inforce/current/act-1966-031).\n> > \n> > de-horn has the same meaning as in Schedule 1 to the Act.\n> > \n> > microchip means a permanent identification device that—\n> > \n> > > (a) is able to be permanently implanted in an animal, and\n> > \n> > > (b) is designed to transmit stored information when activated by a reader, and\n> > \n> > > (c) complies with the requirements of Australian Standard AS 5019—2001, Electronic animal identification—Radiofrequency methods, and\n> > \n> > > (d) contains a unique identification number—\n> > > \n> > > > (i) that complies with the requirements of Australian Standard AS 5018—2001, Electronic animal identification—National coding scheme, and\n> > > \n> > > > (ii) the first 3 digits of which are the manufacturer’s code, allocated to the manufacturer of the device by the International Committee for Animal Recording.\n> \n> **cl 4:** Am 2015 No 24, Sch 8.40.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Certain accredited or authorised persons may do restricted acts of veterinary science in certain circumstances","content":"#### 5 Certain accredited or authorised persons may do restricted acts of veterinary science in certain circumstances\n\n5 Certain accredited or authorised persons may do restricted acts of veterinary science in certain circumstances\n\n> The following classes of persons and circumstances are prescribed for the purposes of section 9(2)(e) of the Act—\n> \n> > (a) persons, or persons of the class of persons, who are accredited by the Board to carry out a specified restricted act of veterinary science and who are acting as permitted by, and in accordance with, that accreditation,\n> \n> > (b) persons who hold an authority to carry out animal research under section 25 of the [Animal Research Act 1985](/view/html/inforce/current/act-1985-123) and who are acting as permitted by, and in accordance with, that authority.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Bodies exempt from offence of representing certain firms to be veterinary practices","content":"#### 6 Bodies exempt from offence of representing certain firms to be veterinary practices\n\n6 Bodies exempt from offence of representing certain firms to be veterinary practices\n\n> For the purposes of section 14(5)(d) of the Act, a body is prescribed if—\n> \n> > (a) it is registered under the Co-operatives National Law (NSW), and\n> \n> > (b) it provides a service performing acts of veterinary science only on animals owned by its members (whether or not it charges for that service), and\n> \n> > (c) it employs or engages only veterinary practitioners to do or perform any act, matter or thing in connection with any such service forming part of the practice of veterinary science.\n> \n> **cl 6:** Am 2014 No 88, Sch 2.72 \\[1\\] \\[2\\].","sortOrder":7},{"sectionNumber":"Part 3","sectionType":"part","heading":"Registration of veterinary practitioners","content":"# Part 3 Registration of veterinary practitioners\n\nPart 3 Registration of veterinary practitioners","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Declaration relating to the conduct to be observed by veterinary practitioners","content":"#### 7 Declaration relating to the conduct to be observed by veterinary practitioners\n\n7 Declaration relating to the conduct to be observed by veterinary practitioners\n\n> The declaration relating to the conduct to be observed by veterinary practitioners that is required to be made by section 18(e) of the Act is the declaration in Schedule 1.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Examination as qualification for full registration","content":"#### 8 Examination as qualification for full registration\n\n8 Examination as qualification for full registration\n\n> The examination that may be required by the Board under section 21(1)(b)(ii) of the Act is the examination in veterinary science known as the National Veterinary Examination, set by the Australasian Veterinary Boards Council Inc.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Register of veterinary practitioners","content":"#### 9 Register of veterinary practitioners\n\n9 Register of veterinary practitioners\n\n> For the purposes of section 28(3)(f) of the Act, the following are prescribed as the other particulars required to be included for each entry of the Register—\n> \n> > (a) the date of registration of the veterinary practitioner,\n> \n> > (b) the registration number (or number of the certificate of registration) of the veterinary practitioner,\n> \n> > (c) any condition placed on the registration of the veterinary practitioner.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Contents of annual return of veterinary practitioner","content":"#### 10 Contents of annual return of veterinary practitioner\n\n10 Contents of annual return of veterinary practitioner\n\n> > (1) For the purposes of section 33(1)(e1) of the Act, the following details of continuing professional development undertaken by the veterinary practitioner are prescribed—\n> > \n> > > (a) details of any university continuing professional development course relating to the practice of veterinary science undertaken,\n> > \n> > > (b) details of any postgraduate course relating to the practice of veterinary science undertaken,\n> > \n> > > (c) details of any conference or seminar relating to the practice of veterinary science attended,\n> > \n> > > (d) details of any papers presented at any conference or seminar relating to the practice of veterinary science,\n> > \n> > > (e) details of any other presentation relating to the practice of veterinary science attended,\n> > \n> > > (f) details of any online training or correspondence course relating to the practice of veterinary science completed,\n> > \n> > > (g) details of any written assessment test relating to the practice of veterinary science completed,\n> > \n> > > (h) details of any paper published in any journals relating to the practice of veterinary science,\n> > \n> > > (i) details of any private study relating to the practice of veterinary science undertaken, including any journals read,\n> > \n> > > (j) details of any observation of the carrying out of veterinary surgery or clinical rounds,\n> > \n> > > (k) details of any act of veterinary science done with other veterinary practitioners for the purpose of expanding the veterinary practitioner’s knowledge of, or competence in, veterinary science,\n> > \n> > > (l) details of any paper relating to the practice of veterinary science published on the website of a NSW Government Department,\n> > \n> > > (m) details of any mentoring provided or received by the veterinary practitioner.\n> \n> > (2) In the case of a veterinary practitioner who holds specialist registration, details of the extent to which the veterinary practitioner practised in the branch of veterinary science in which he or she holds that registration are prescribed for the purposes of section 33(1)(f) of the Act.\n> \n> **cl 10:** Am 2020 (130), Sch 1\\[1\\]–\\[4\\].","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Complaints and disciplinary proceedings","content":"# Part 4 Complaints and disciplinary proceedings\n\nPart 4 Complaints and disciplinary proceedings","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":null,"content":"#### 11\n\n11 (Repealed)","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of “unsatisfactory professional conduct”","content":"#### 12 Meaning of “unsatisfactory professional conduct”\n\n12 Meaning of “unsatisfactory professional conduct”\n\n> For the purposes of paragraph (e) of the definition of unsatisfactory professional conduct in section 35 of the Act, all clauses of the code of conduct are prescribed.\n> \n> > (a)–(d) (Repealed)\n> \n> **cl 12:** Am 2020 (130), Sch 1\\[6\\] \\[7\\].","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Veterinary practitioners code of professional conduct","content":"#### 13 Veterinary practitioners code of professional conduct\n\n13 Veterinary practitioners code of professional conduct\n\n> For the purposes of section 37 of the Act, the code of conduct set out in Schedule 2 is established as a veterinary practitioners code of professional conduct.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"Veterinary hospitals","content":"# Part 5 Veterinary hospitals\n\nPart 5 Veterinary hospitals","sortOrder":18},{"sectionNumber":"14","sectionType":"section","heading":"Licensing procedures","content":"#### 14 Licensing procedures\n\n14 Licensing procedures\n\n> Part 2 of the [Licensing and Registration (Uniform Procedures) Act 2002](/view/html/inforce/current/act-2002-028) is modified, in its application to a veterinary hospital licence, so as to require the “other registered particulars” referred to in section 24(1) of that Act to be construed as including the following—\n> \n> > (a) the business name (within the meaning of the [Business Names Registration Act 2011](http://www.legislation.gov.au/) of the Commonwealth) under which a veterinary hospital is to be conducted pursuant to the veterinary hospital licence,\n> \n> > (b) the name of any veterinary practitioner who has a controlling interest in a corporation or firm that is the owner or part-owner of the veterinary hospital the subject of the veterinary hospital licence,\n> \n> > (c) the nature of the veterinary services provided by the veterinary hospital the subject of the veterinary hospital licence.","sortOrder":19},{"sectionNumber":"Part 6","sectionType":"part","heading":"Annual general meeting of veterinary profession","content":"# Part 6 Annual general meeting of veterinary profession\n\nPart 6 Annual general meeting of veterinary profession","sortOrder":20},{"sectionNumber":"15","sectionType":"section","heading":"Definition","content":"#### 15 Definition\n\n15 Definition\n\n> In this Part—\n> \n> annual general meeting means the annual general meeting of the veterinary profession referred to in section 92 of the Act.","sortOrder":21},{"sectionNumber":"16","sectionType":"section","heading":"Calling of annual general meeting","content":"#### 16 Calling of annual general meeting\n\n16 Calling of annual general meeting\n\n> An annual general meeting is to be called so as to be held as soon as practicable after the Board’s audited financial reports in respect of the last-ended financial year have been returned to the Board after being audited by the Auditor-General.\n> \n> **cl 16:** Am 2018 No 70, Sch 4.115.","sortOrder":22},{"sectionNumber":"17","sectionType":"section","heading":"Giving of notice of annual general meeting","content":"#### 17 Giving of notice of annual general meeting\n\n17 Giving of notice of annual general meeting\n\n> > (1) The Board must notify the veterinary profession (including veterinary practitioners) of—\n> > \n> > > (a) the date of the annual general meeting, and\n> > \n> > > (b) the venue of the meeting, and\n> > \n> > > (c) the agenda of the meeting, and\n> > \n> > > (d) the place or website at which further information in relation to the meeting may be obtained.\n> \n> > (2) Notice of an annual general meeting must be—\n> > \n> > > (a) published on the Board’s website, and\n> > \n> > > (b) given in any other way the Board considers appropriate.\n> \n> > (3) At least 4 weeks’ notice must be given of an annual general meeting.","sortOrder":23},{"sectionNumber":"18","sectionType":"section","heading":"Information to be provided in relation to annual general meeting","content":"#### 18 Information to be provided in relation to annual general meeting\n\n18 Information to be provided in relation to annual general meeting\n\n> All attendees at an annual general meeting must be provided with the following information in relation to the meeting—\n> \n> > (a) the agenda for the meeting,\n> \n> > (b) a copy of the audited financial statements of the Board,\n> \n> > (c) a copy of a report of the President of the Board as to the activities of the Board for the past financial year,\n> \n> > (d) a copy of a report of the President of the Board as to—\n> > \n> > > (i) the fees payable by veterinary practitioners under the Act, and\n> > \n> > > (ii) the consultation undertaken under section 86 of the Act before those fees were approved, and\n> > \n> > > (iii) any remuneration paid or payable to members of the Board, and\n> > \n> > > (iv) any increases in fees and remuneration that have been determined by the Board and are to be presented to the Minister for approval.","sortOrder":24},{"sectionNumber":"19","sectionType":"section","heading":"President to preside","content":"#### 19 President to preside\n\n19 President to preside\n\n> The President of the Board or, in the absence of the President, a person elected by the members of the Board who are present at an annual general meeting is to preside at the meeting.","sortOrder":25},{"sectionNumber":"20","sectionType":"section","heading":"Comments to be taken","content":"#### 20 Comments to be taken\n\n20 Comments to be taken\n\n> The person presiding at an annual general meeting is to take comments from the veterinary practitioners at the meeting as to the matters on the agenda, in particular, comments with respect to—\n> \n> > (a) any proposed increase in fees payable by veterinary practitioners under the Act, and\n> \n> > (b) any proposed increase in the remuneration payable to members of the Board.","sortOrder":26},{"sectionNumber":"21","sectionType":"section","heading":"Annual general meeting may coincide with Board meeting","content":"#### 21 Annual general meeting may coincide with Board meeting\n\n21 Annual general meeting may coincide with Board meeting\n\n> > (1) The annual general meeting may take place in conjunction with any other scheduled meeting of the Board.\n> \n> > (2) In such a case, the Board must use its best endeavours to ensure that the venue for the meeting is capable of accommodating all persons who might reasonably be expected to attend the meeting.","sortOrder":27},{"sectionNumber":"Part 7","sectionType":"part","heading":"Miscellaneous","content":"# Part 7 Miscellaneous\n\nPart 7 Miscellaneous","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Penalty notices","content":"#### 22 Penalty notices\n\n22 Penalty notices\n\n> For the purposes of section 101 of the Act—\n> \n> > (a) each offence specified in Column 1 of Schedule 3 is prescribed as a penalty notice offence, and\n> \n> > (b) the prescribed penalty payable under a penalty notice in respect of a penalty notice offence is—\n> > \n> > > (i) the amount specified in Column 2 of Schedule 3, or\n> > \n> > > (ii) if the person alleged to have committed the offence is a corporation, and if a greater amount is specified in Column 3 of Schedule 3, the amount specified in Column 3 of Schedule 3.","sortOrder":29},{"sectionNumber":"23","sectionType":"section","heading":"Exemption of persons from the operation of section 9 of the Act","content":"#### 23 Exemption of persons from the operation of section 9 of the Act\n\n23 Exemption of persons from the operation of section 9 of the Act\n\n> > (1) For the purposes of section 102(1)(f) of the Act, a person employed by the Crown—\n> > \n> > > (a) who is under the direct supervision of an officer of the Department of Primary Industries or Local Land Services, and\n> > \n> > > (b) who is doing a restricted act of veterinary science in accordance with guidelines and standard operating procedures issued by the Director-General of the Department of Primary Industries,\n> > \n> > is, during an emergency (within the meaning of the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165)) relating to a disease of animals, or requiring the mass treatment or destruction of animals, exempt from section 9 of the Act.\n> \n> > (2) For the purposes of section 102(1)(f) of the Act, a person employed as a ranger by the Crown in the Local Land Services Division of the Government Service who is acting as permitted by, and in accordance with, guidelines or any other written instrument issued by Local Land Services is exempt from section 9 of the Act.\n> \n> > (3) For the purposes of subclause (2), any relevant guidelines or other written instruments issued by the State Management Council of Livestock Health and Pest Authorities and in force immediately before that Council’s abolition by the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051) are taken to be guidelines or instruments issued by Local Land Services.\n> \n> **cl 23:** Am 2013 (729), Sch 1 \\[1\\] \\[2\\].","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Unrestricted acts of veterinary science","content":"#### 24 Unrestricted acts of veterinary science\n\n24 Unrestricted acts of veterinary science\n\n> For the purposes of clause 1(g) of Schedule 1 to the Act, all animals, other than horses and the animals referred to in clause 1(g), are prescribed.","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Fees","content":"#### 25 Fees\n\n25 Fees\n\n> > (1) The Board is authorised to determine the fees payable for the undertaking of examinations in respect of applications for registration under the Act.\n> \n> > (2) The Board is authorised to determine and impose fees and charges for such other services provided by the Board as will assist the Board to operate on a cost-recovery basis, including fees or charges for the carrying out of any inspection for the purposes of the Act (whether or not the inspection is requested or agreed to).\n> \n> > (3) The Board may not impose a fee under this clause unless the Minister has agreed to the imposition of the fee.\n> \n> > (4) In this clause, inspection includes any hospital inspection or any inspection of the Register.","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"Saving","content":"#### 26 Saving\n\n26 Saving\n\n> Any act, matter or thing that, immediately before the repeal of the [Veterinary Practice Regulation 2006](/view/html/repealed/current/sl-2006-0533), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":33},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Declaration relating to the conduct to be observed by veterinary practitioners","content":"# Schedule 1 Declaration relating to the conduct to be observed by veterinary practitioners\n\nSchedule 1 Declaration relating to the conduct to be observed by veterinary practitioners\n\n(Clause 7)\n\nI, \\[*insert name*\\] of \\[*insert address*\\] am an applicant for registration as a veterinary practitioner under the [Veterinary Practice Act 2003](/view/html/inforce/current/act-2003-087) and I declare that—\n\n> (a) I will pursue the work of my profession with diligence, and\n\n> (b) in practising veterinary science—\n> \n> > (i) I will promote the welfare of animals, and\n> \n> > (ii) I will observe the veterinary practitioners code of professional conduct referred to in section 37 of the [Veterinary Practice Act 2003](/view/html/inforce/current/act-2003-087), and\n> \n> > (iii) I will maintain a standard of professional knowledge and expertise at a level that is accepted by my professional colleagues who are of good standing, and\n\n> (c) unless approved by the Board, I will not practise veterinary science if I am aware that I am impaired by a physical or mental illness or disorder that detrimentally affects or is likely to detrimentally affect my capacity to practise.","sortOrder":34},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Veterinary practitioners code of professional conduct","content":"# Schedule 2 Veterinary practitioners code of professional conduct\n\nSchedule 2 Veterinary practitioners code of professional conduct\n\n(Clause 13)\n\n**sch 2:** Am 2020 (130), Sch 1\\[8\\].","sortOrder":35},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 3 Penalty notice offences\n\nSchedule 3 Penalty notice offences\n\n(Clause 22)\n\n| Column 1 | Column 2 | Column 3 |\n| Offences under the Act |\n| Section | Penalty | Penalty for corporation |\n| 9(1) | $500 |  |\n| 11(2) | $500 | $1,100 |\n| 12 | $500 |  |\n| 13(1) | $500 |  |\n| 14(1) | $500 |  |\n| 14(2) | $500 | $1,100 |\n| 16 | $500 |  |\n| 31 | $200 |  |\n| 44(4) | $500 | $1,100 |\n| 44(5) | $500 | $1,100 |\n| 65 | $1,100 |  |\n| 66 | $500 | $1,100 |","sortOrder":57}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation's scope has evolved since its original 2013 form, as evidenced by six distinct versions over roughly eight years. Two uncommenced amending Acts (on licensing/registration procedures and medicines/poisons) signal further scope changes are pending. The original 2013 instrument has clearly been modified over time to reflect changes in veterinary practice standards, fee structures, and administrative requirements, though the full extent of substantive scope changes cannot be assessed without the full text of each version."},"complexity_factors":["Subordinate legislation (a regulation under an Act) adds a layer of legal hierarchy that can confuse readers unfamiliar with how Acts and regulations relate to each other","Multiple pending amendments not yet in force create uncertainty about the current and future state of the law","Staged automatic repeal (sunset clause) means the law's future status requires monitoring","Six historical versions since 2013 mean determining what applied at any given past date requires checking point-in-time versions","Interaction with multiple parent and related Acts (Veterinary Practice Act, Subordinate Legislation Act, Licensing and Registration Act, Medicines Poisons Act) adds cross-referencing complexity","Note: full substantive content of the regulation was not provided, so complexity of the actual rules themselves could not be assessed — score reflects structural/procedural complexity only"],"plain_english_summary":"## Veterinary Practice Regulation 2013 (NSW)\n\nThis is a **NSW government regulation** (a set of detailed rules made under a broader law) that governs how veterinary practice works in New South Wales. It sits underneath the Veterinary Practice Act and fills in the practical details of how vets and veterinary businesses must operate.\n\n**Who does this affect?**\n- **Veterinarians (vets)** practising in NSW\n- **Veterinary businesses and clinics**\n- **Pet owners and animal keepers** who rely on veterinary services\n- **The Veterinary Practitioners Board of NSW** (the body that oversees the profession)\n\n**What does it likely cover?**\nAs a practice regulation, it typically deals with things like:\n- Requirements for registering as a vet in NSW\n- Fees for licences and registrations\n- Standards for how veterinary premises must be run\n- Record-keeping and reporting obligations\n- Conduct and disciplinary procedures\n\n**Important practical notes:**\n- ⚠️ This regulation is **due to be automatically cancelled (repealed) on 1 September 2026** under a NSW law that periodically sunsets (ends) old regulations to keep the law up to date\n- Two pending laws — the *Licensing and Registration (Uniform Procedures) Amendment Act 2022* and the *Medicines, Poisons and Therapeutic Goods Act 2022* — will make **further changes** to this regulation once they come into force, but those changes are **not yet active**\n- The regulation has been updated **six times** since it was first made in 2013, most recently in July 2021\n\n**Bottom line:** If you are a vet, work at a vet clinic, or run a veterinary business in NSW, this regulation sets out rules you must follow. It is ageing out of the system in 2026, so watch for replacement rules."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This Regulation replaces the earlier Veterinary Practice Regulation 2006 and continues the effect of acts and matters under the prior instrument (cl 2; cl 26). The instrument both restates and refines substantive operational rules (for example, detailed restricted acts (cl 4) and updated professional conduct and reporting requirements (cl 13; cl 10)). Subsequent amendments referenced in the text (for example, amendments noted at cl 4, cl 6, cl 10, cl 12, sch 2) indicate that the scope and technical details have been adjusted since the earlier Regulation, so the current instrument changes and updates the prior instrument’s scope while preserving continuity by clause 26."},"complexity_factors":["Extensive list of technically defined restricted acts with granular age and species limits and medical‑procedure exceptions (cl 4(1)–(2)).","Multiple cross‑references to external instruments (Poisons List schedules, Licensing and Registration Act, various other Acts cited in Schedule 2) that affect substance classification and procedural permissions (cl 4(3); sch 2 cl 20; cl 14).","Board discretion to accredit persons, set examinations and to determine a range of fees and charges subject to Ministerial agreement, producing administrative variability (cl 5; cl 8; cl 25(1)–(3)).","Detailed professional conduct code with many operational obligations (informed consent, confidentiality exceptions, recordkeeping, supply controls) that impose recurring compliance tasks on practitioners (sch 2 cll 2–21; sch 2 cl 15).","Differentiated penalty schedule with distinct monetary amounts for individuals and higher amounts for corporations for some offences (cl 22; sch 3).","Exemptions and emergency provisions tied to departmental guidelines and standard operating procedures, requiring coordination with executive agencies (cl 23).","Modifications to licensing procedures that require additional particulars to be recorded (business name, controlling practitioners, nature of services) in another Act’s framework (cl 14).","Record retention and CPD reporting obligations that create ongoing administrative burden and potential audit/inspection triggers (sch 2 cl 15; cl 10)."],"plain_english_summary":"What this regulation does, in plain terms\n\n- Mechanically, the Veterinary Practice Regulation 2013 (this Regulation) sets out detailed rules that sit under the Veterinary Practice Act 2003. It defines which veterinary acts are \"restricted\" (that is, acts that generally must be performed by registered veterinary practitioners), who may be authorised to carry out certain restricted acts in specified circumstances, the professional code of conduct for veterinary practitioners, registration and reporting requirements, licensing particulars for veterinary hospitals, annual meeting procedures for the profession, fee-making powers, and a schedule of penalty‑notice offences and fines. (See cl 4, cl 5, cl 13, cl 9, cl 10, cl 14, Parts 6 and 7, cl 25, Sch 3.)\n\nWho is affected\n\n- Registered veterinary practitioners: the Regulation sets a code of conduct they must follow (Schedule 2; cl 13), requires recordkeeping and retention (cl 15), continuing professional development information to be reported (cl 10), rules on supply of restricted substances (cl 20), and obligations about informed consent, availability for ongoing care, referrals, confidentiality and related professional duties (Schedule 2, cll 2–21).\n\n- Persons accredited or authorised by the Board, and certain Crown employees: the instrument prescribes classes of non-veterinary persons who may lawfully perform particular restricted acts if accredited or authorised and acting within that accreditation or authority (cl 5; cl 23).\n\n- Owners and people responsible for animals: the Regulation limits who may perform certain invasive or anaesthesia‑involving procedures (cl 4) and requires practitioners, where practicable, to give cost estimates and likely outcomes before providing services (Schedule 2, cl 16).\n\n- Veterinary hospital owners and operators: licensing particulars to be recorded include business name, controlling practitioners, and the nature of services provided (cl 14).\n\n- Corporations that run veterinary services and co‑operatives registered under the Co‑operatives National Law (NSW): the Regulation provides a specific exemption from an offence for a cooperative that provides veterinary services only to its members and employs only veterinary practitioners (cl 6).\n\nWhy this matters (mechanics and trade-offs)\n\n- Restricting certain acts (cl 4) concentrates legal authority for invasive procedures, anaesthesia, and specific surgical tasks with registered practitioners or accredited persons. That creates a compliance burden for businesses and individuals who perform animal procedures (they must either employ registered practitioners or obtain Board accreditation/authorisation) and imposes enforcement obligations on the regulator. The Regulation lists the restricted acts precisely (cl 4(1)(a)–(h)) and excludes some routine equine dental and microchip exceptions (cl 4(2)).\n\n- The Board has several decision‑making discretions that affect costs and behaviour: it accredits classes of persons to perform specified restricted acts (cl 5), determines what examinations qualify for registration (cl 8), decides what other particulars are recorded on the Register (cl 9), and is authorised to set examination and other fees to help it operate on a cost‑recovery basis (cl 25(1)–(2)). Some fees require Ministerial agreement before being imposed (cl 25(3)), which places a check on fee‑making but also creates an administrative step.\n\n- Compliance and administrative burdens on practitioners include: maintaining detailed, legible clinical records and retaining them for at least 3 years (Schedule 2, cl 15); preparing continuing professional development details for the annual return (cl 10); meeting code obligations such as informed consent, confidentiality exceptions, and availability for ongoing care (Schedule 2, cll 7, 12, 8). These obligations require time, systems and, where relevant, staffing.\n\n- Penalties and enforcement are specified and can be issued by penalty notice for a range of offences under the Act; the schedule sets fixed monetary amounts and higher amounts in some instances where the offender is a corporation (Sch 3; cl 22). This produces predictable but differing financial exposures for individuals and corporate operators.\n\n- Emergency exceptions: Crown employees under direct departmental supervision, and certain Local Land Services rangers acting under written guidelines, are exempt from section 9 of the Act during declared animal disease or mass‑treatment/destroy emergencies, subject to guidelines (cl 23). That shifts temporary operational authority to public agencies in limited emergency circumstances but ties action to departmental supervision and written procedures.\n\nImplementation and operational risks and trade‑offs\n\n- Cross‑references to external legislation and lists (for example the Poisons List Schedules governing what counts as an anaesthetic agent or a restricted substance (cl 4(3), Schedule 2 cl 20), the Licensing and Registration (Uniform Procedures) Act 2002 (cl 14), and various other Acts cited in Schedule 2) mean effective operation depends on coordination between multiple instruments and potential updates outside this instrument. That creates a risk that practitioners and regulators must track changes in other statutes and lists to know what is permitted.\n\n- Concentrated benefits and compliance concentration: accreditation (cl 5) and the cooperative exemption (cl 6) create specific legal pathways that yield advantages to persons or bodies meeting particular requirements. The Regulation requires Board approval for many practical permissions, so those who obtain Board accreditation or approvals gain the legal ability to perform certain tasks; others face compliance costs or must refer work to registered practitioners.\n\n- Bureaucratic discretion and opportunity cost: the Board’s authority to set fees and accredit persons (cll 5, 25) gives it operational discretion that affects practitioners’ costs and market entry decisions. The Ministerial agreement requirement (cl 25(3)) limits but does not eliminate that discretion, and the Regulation leaves room for the Board to charge for inspections and other services (cl 25(2)).\n\n- Administrative predictability: the Regulation establishes clear record, reporting and AGM procedures (Parts 6 and Schedule 1), which create predictable governance obligations for the profession (notice periods, content of AGM materials, reports required) but also impose administrative work on the Board and on practitioners who wish to participate.\n\nKey citation points (selected)\n\n- Restricted acts and exceptions: clause 4 (cl 4(1)–(3)).\n- Who may be authorised to do restricted acts: clause 5 (cl 5).\n- Cooperative exemption: clause 6 (cl 6).\n- Code of professional conduct: clause 13 and Schedule 2 (cl 13; sch 2).\n- Continuing professional development items required in annual return: clause 10 (cl 10).\n- Records and retention: Schedule 2, clause 15 (sch 2 cl 15).\n- Supply of restricted substances: Schedule 2, clause 20 (sch 2 cl 20).\n- Fee-making powers and Ministerial agreement: clause 25 (cl 25(1)–(4)).\n- Penalty notice offences and amounts: clause 22 and Schedule 3 (cl 22; sch 3).\n- Emergency exemptions for Crown employees/rangers: clause 23 (cl 23).\n\nIn short: the Regulation operationalises the Act by listing what veterinary activities are legally restricted, prescribing professional conduct and recordkeeping, specifying how the profession’s governance (registration, meetings, fees, hospital licensing particulars) must be run, and setting out enforcement penalties and limited exemptions. Those rules allocate legal authority (who may perform what), set administrative and compliance obligations, and create fee and enforcement mechanisms that affect practitioners, service providers and animal owners. (See cl 4, cl 5, cl 13, cl 9, cl 10, cl 14, cl 23, cl 25, Sch 3.)"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulation appears to maintain its original scope as subsidiary legislation supporting the Veterinary Practice Act 2003. While it has been amended several times (noted in clause history references to 2014, 2015, 2018, and 2020 amendments), these appear to be updates and refinements rather than significant expansion beyond the original purpose of regulating veterinary practice, registration, and professional conduct."},"complexity_factors":["Multiple nested exceptions in clause 4 (restricted acts), including exceptions to exceptions (e.g., general restrictions on body cavity insertions, then exceptions for mouth/oesophagus and rectum, then a specific restriction for horses)","Detailed age-specific thresholds for surgical procedures (e.g., sheep tailing at 6+ months, cattle de-horning at 12+ months, pig castration at 2+ months)","Cross-references to multiple other Acts including the Poisons and Therapeutic Goods Act 1966, Animal Research Act 1985, Local Land Services Act 2013, and State Emergency and Rescue Management Act 1989","Modification of another Act's procedures (Licensing and Registration (Uniform Procedures) Act 2002) for veterinary hospital licensing","Technical definitions requiring compliance with Australian Standards (AS 5019—2001 and AS 5018—2001) for microchips","Conditional exemptions for emergency situations and government employees with specific supervisory requirements"],"plain_english_summary":"**What this legislation does:**\n\nThis Regulation sets out the detailed rules for how veterinary medicine works in New South Wales. It sits underneath the main Veterinary Practice Act 2003 and fills in the practical details.\n\n**Key things it covers:**\n\n*   **What only vets can do:** It lists specific medical procedures that are illegal for anyone except registered veterinary practitioners to perform. These include diagnosing animals, giving anaesthetics, performing surgery (like laparoscopic surgery or de-horning cattle over 12 months old), inserting microchips into horses, and most dental work. There are detailed exceptions—for example, diagnosing pregnancy in horses is restricted, but diagnosing pregnancy in other animals is not.\n\n*   **Who else can do vet work:** It allows certain accredited people (like animal researchers) and government employees (like rangers or emergency workers during disease outbreaks) to perform restricted acts in specific circumstances.\n\n*   **Professional standards:** It establishes a code of conduct that all vets must follow. This includes rules about animal welfare (vets must not refuse to provide pain relief), keeping proper records for at least 3 years, getting informed consent from owners, maintaining confidentiality, and staying up-to-date with current medical knowledge.\n\n*   **Registration:** It specifies what vets must declare when they register, what exams they might need to take, and what details appear on the public register.\n\n*   **Veterinary hospitals:** It modifies licensing rules for animal hospitals, requiring them to disclose business names and the nature of services provided.\n\n*   **Annual meetings:** It sets up rules for an annual general meeting where the veterinary profession can discuss fees and Board activities.\n\n*   **Fines:** It lists specific offences (like practising veterinary science without registration) that can be dealt with via penalty notices (on-the-spot fines) rather than going to court.\n\n**Who it affects:**\n\n*   Registered veterinary practitioners in NSW\n*   People who want to become vets\n*   Animal owners\n*   Veterinary hospitals and clinics\n*   Government employees who work with animals (like rangers)\n*   Animal researchers\n\n**Why it matters:**\n\nThis Regulation protects animal welfare by ensuring only qualified people perform complex medical procedures. It also protects the public by setting clear professional standards and giving the Veterinary Practitioners Board tools to discipline vets who behave badly. The detailed list of restricted acts prevents unqualified people from performing risky procedures that could harm animals."}},"importantCases":[],"_links":{"self":"/api/acts/veterinary-practice-regulation-2013","history":"/api/acts/veterinary-practice-regulation-2013/history","analysis":"/api/acts/veterinary-practice-regulation-2013/analysis","conflicts":"/api/acts/veterinary-practice-regulation-2013/conflicts","importantCases":"/api/acts/veterinary-practice-regulation-2013/important-cases","documents":"/api/acts/veterinary-practice-regulation-2013/documents"}}