{"id":"qld:act-1936-017","name":"Veterinary Surgeons Act 1936","slug":"veterinary-surgeons-act-1936","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"17 of 1936","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105747,"registerId":"qld-act-1936-017-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Veterinary Surgeons Act 1936 .\ns 1 sub 1995 No. 58 s 4 sch 1","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":null,"content":"### Section sec.2\n\ns 2 amd 1986 No. 6 s 4\nom 10 May 1994 RA s 36","sortOrder":2},{"sectionNumber":"sec.2-oc.2","sectionType":"section","heading":"Definitions","content":"### sec.2-oc.2 Definitions\n\nThe dictionary in the schedule defines particular words used in this Act.\nNote—prev s 3 contained definitions for this Act. Definitions are now located in the schedule—Dictionary. Annotations for definitions contained in prev s 3 are located in annotations for the schedule.\ns 2 (prev s 3) amd 2001 No. 63 s 36\nrenum 2001 No. 63 s 36 (7)","sortOrder":3},{"sectionNumber":"sec.2A","sectionType":"section","heading":"Meaning of veterinary science","content":"### sec.2A Meaning of veterinary science\n\nVeterinary science means the science of veterinary surgery or veterinary medicine.\nVeterinary science includes the following—\ndiagnosing diseases in, and injuries to, animals, including, for example, testing animals for diagnostic purposes;\ngiving advice based on a diagnosis under paragraph (a) ;\nmedical or surgical treatment of animals;\nperforming surgical operations on animals;\nadministering anaesthetics to animals;\nsigning or issuing certificates relating to the description, health, diagnosis or treatment of animals.\nHowever, veterinary science does not include—\nan act done for animal husbandry or animal dentistry prescribed by regulation not to be veterinary science; or\nusing an animal, or allowing an animal to be used, for a scientific purpose in accordance with the Animal Care and Protection Act 2001 , section 91 .\nIn this section—\nscientific purpose means a scientific purpose within the meaning of the Animal Care and Protection Act 2001 , section 48 .\ns 2A ins 2001 No. 63 s 37\namd 2022 No. 35 s 50\n(sec.2A-ssec.1) Veterinary science means the science of veterinary surgery or veterinary medicine.\n(sec.2A-ssec.2) Veterinary science includes the following— diagnosing diseases in, and injuries to, animals, including, for example, testing animals for diagnostic purposes; giving advice based on a diagnosis under paragraph (a) ; medical or surgical treatment of animals; performing surgical operations on animals; administering anaesthetics to animals; signing or issuing certificates relating to the description, health, diagnosis or treatment of animals.\n(sec.2A-ssec.3) However, veterinary science does not include— an act done for animal husbandry or animal dentistry prescribed by regulation not to be veterinary science; or using an animal, or allowing an animal to be used, for a scientific purpose in accordance with the Animal Care and Protection Act 2001 , section 91 .\n(sec.2A-ssec.4) In this section— scientific purpose means a scientific purpose within the meaning of the Animal Care and Protection Act 2001 , section 48 .\n- (a) diagnosing diseases in, and injuries to, animals, including, for example, testing animals for diagnostic purposes;\n- (b) giving advice based on a diagnosis under paragraph (a) ;\n- (c) medical or surgical treatment of animals;\n- (d) performing surgical operations on animals;\n- (e) administering anaesthetics to animals;\n- (f) signing or issuing certificates relating to the description, health, diagnosis or treatment of animals.\n- (a) an act done for animal husbandry or animal dentistry prescribed by regulation not to be veterinary science; or\n- (b) using an animal, or allowing an animal to be used, for a scientific purpose in accordance with the Animal Care and Protection Act 2001 , section 91 .","sortOrder":4},{"sectionNumber":"sec.3","sectionType":"section","heading":"Mutual recognition legislation not affected","content":"### sec.3 Mutual recognition legislation not affected\n\nThis Act does not affect the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003 .\ns 3 ins 2001 No. 63 s 37\namd 2003 No. 45 s 15 sch","sortOrder":5},{"sectionNumber":"pt.2","sectionType":"part","heading":"Veterinary Surgeons Board of Queensland","content":"# Veterinary Surgeons Board of Queensland","sortOrder":6},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Establishment and powers","content":"## Establishment and powers","sortOrder":7},{"sectionNumber":"sec.4","sectionType":"section","heading":"Establishment of board","content":"### sec.4 Establishment of board\n\nThe Veterinary Surgeons Board of Queensland is established.\nThe board—\nis a body corporate; and\nhas a common seal; and\nmay sue and be sued in its corporate name.\ns 4 amd 1946 10 Geo 6 No. 52 s 2; 1964 No. 64 s 2\nsub 1973 No. 86 s 4\namd 1986 No. 6 s 6 ; 1994 No. 15 s 3 sch 1\nsub 2001 No. 63 s 38\n(sec.4-ssec.1) The Veterinary Surgeons Board of Queensland is established.\n(sec.4-ssec.2) The board— is a body corporate; and has a common seal; and may sue and be sued in its corporate name.\n- (a) is a body corporate; and\n- (b) has a common seal; and\n- (c) may sue and be sued in its corporate name.","sortOrder":8},{"sectionNumber":"sec.4A","sectionType":"section","heading":"Board’s relationship with the State","content":"### sec.4A Board’s relationship with the State\n\nThe board—\nrepresents the State; and\nis part of the department for the Financial Accountability Act 2009 .\nWithout limiting subsection (1) (a) , the board has all the privileges and immunities of the State.\ns 4A ins 2001 No. 63 s 38\namd 2009 No. 9 s 136 sch 1\n(sec.4A-ssec.1) The board— represents the State; and is part of the department for the Financial Accountability Act 2009 .\n(sec.4A-ssec.2) Without limiting subsection (1) (a) , the board has all the privileges and immunities of the State.\n- (a) represents the State; and\n- (b) is part of the department for the Financial Accountability Act 2009 .","sortOrder":9},{"sectionNumber":"sec.4B","sectionType":"section","heading":"Powers of board","content":"### sec.4B Powers of board\n\nFor performing its functions, the board has all the powers of an individual, and may, for example, do the following—\nenter into contracts;\nacquire, hold and dispose of property;\nappoint agents and attorneys;\nengage consultants;\ncharge for services and facilities it supplies;\ndo anything else necessary or convenient to be done for, or in connection with, the performance of its functions.\ns 4B ins 2001 No. 63 s 38\n- (a) enter into contracts;\n- (b) acquire, hold and dispose of property;\n- (c) appoint agents and attorneys;\n- (d) engage consultants;\n- (e) charge for services and facilities it supplies;\n- (f) do anything else necessary or convenient to be done for, or in connection with, the performance of its functions.","sortOrder":10},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Membership","content":"## Membership","sortOrder":11},{"sectionNumber":"sec.4C","sectionType":"section","heading":"Membership","content":"### sec.4C Membership\n\nThe board consists of the following members—\na senior officer of the department nominated by the Minister;\n2 persons elected under section 8 ;\n3 other persons nominated by the Minister.\nEach member mentioned in subsection (1) (a) or (b) , and 2 of the members mentioned in subsection (1) (c) , must be eligible veterinary surgeons.\nEach member is to be appointed by the Governor in Council.\ns 4C ins 2001 No. 63 s 38\namd 2013 No. 41 s 80\n(sec.4C-ssec.1) The board consists of the following members— a senior officer of the department nominated by the Minister; 2 persons elected under section 8 ; 3 other persons nominated by the Minister.\n(sec.4C-ssec.2) Each member mentioned in subsection (1) (a) or (b) , and 2 of the members mentioned in subsection (1) (c) , must be eligible veterinary surgeons.\n(sec.4C-ssec.3) Each member is to be appointed by the Governor in Council.\n- (a) a senior officer of the department nominated by the Minister;\n- (b) 2 persons elected under section 8 ;\n- (c) 3 other persons nominated by the Minister.","sortOrder":12},{"sectionNumber":"sec.4D","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"### sec.4D Chairperson and deputy chairperson\n\nThe chairperson of the board is the member mentioned in section 4C (1) (a) .\nThe deputy chairperson of the board is the member appointed by the Minister as the deputy chairperson.\nThe deputy chairperson must be an eligible veterinary surgeon.\ns 4D ins 2001 No. 63 s 38\namd 2013 No. 41 s 81\n(sec.4D-ssec.1) The chairperson of the board is the member mentioned in section 4C (1) (a) .\n(sec.4D-ssec.2) The deputy chairperson of the board is the member appointed by the Minister as the deputy chairperson.\n(sec.4D-ssec.3) The deputy chairperson must be an eligible veterinary surgeon.","sortOrder":13},{"sectionNumber":"sec.4E","sectionType":"section","heading":"Qualifications for membership","content":"### sec.4E Qualifications for membership\n\nA person is not qualified to be or to continue as a member if the person—\nis an undischarged bankrupt or, as a debtor, takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or\nis convicted of an indictable offence, whether on indictment or summarily; or\nis convicted of an offence against this Act; or\nis incapable of performing the duties of a member because of physical or mental incapacity.\ns 4E ins 2001 No. 63 s 38\n- (a) is an undischarged bankrupt or, as a debtor, takes advantage of the laws in force for the time being relating to bankrupt or insolvent debtors; or\n- (b) is convicted of an indictable offence, whether on indictment or summarily; or\n- (c) is convicted of an offence against this Act; or\n- (d) is incapable of performing the duties of a member because of physical or mental incapacity.","sortOrder":14},{"sectionNumber":"sec.4F","sectionType":"section","heading":"Vacation of office","content":"### sec.4F Vacation of office\n\nThe office of a member becomes vacant if the member—\ndies; or\nresigns office by written notice given to the Minister; or\nis absent without the board’s permission from 3 consecutive meetings of the board of which proper notice was given; or\nceases to be qualified to be a member.\nIf the member is a veterinary surgeon, the member also ceases to hold office if the member ceases to be a veterinary surgeon.\ns 4F ins 2001 No. 63 s 38\n(sec.4F-ssec.1) The office of a member becomes vacant if the member— dies; or resigns office by written notice given to the Minister; or is absent without the board’s permission from 3 consecutive meetings of the board of which proper notice was given; or ceases to be qualified to be a member.\n(sec.4F-ssec.2) If the member is a veterinary surgeon, the member also ceases to hold office if the member ceases to be a veterinary surgeon.\n- (a) dies; or\n- (b) resigns office by written notice given to the Minister; or\n- (c) is absent without the board’s permission from 3 consecutive meetings of the board of which proper notice was given; or\n- (d) ceases to be qualified to be a member.","sortOrder":15},{"sectionNumber":"sec.4G","sectionType":"section","heading":"Term of appointment","content":"### sec.4G Term of appointment\n\nA member, other than the chairperson, is to be appointed for a term of not more than 3 years.\nHowever, if at the end of the member’s term of appointment a person has not been appointed to replace the member, the member’s term does not end until—\nthe member has been reappointed; or\nif the member is not reappointed—another person has been appointed to replace the member.\ns 4G ins 2001 No. 63 s 38\n(sec.4G-ssec.1) A member, other than the chairperson, is to be appointed for a term of not more than 3 years.\n(sec.4G-ssec.2) However, if at the end of the member’s term of appointment a person has not been appointed to replace the member, the member’s term does not end until— the member has been reappointed; or if the member is not reappointed—another person has been appointed to replace the member.\n- (a) the member has been reappointed; or\n- (b) if the member is not reappointed—another person has been appointed to replace the member.","sortOrder":16},{"sectionNumber":"sec.5","sectionType":"section","heading":"Filling vacancy in office of board member","content":"### sec.5 Filling vacancy in office of board member\n\nAny extraordinary vacancy which at any time occurs in the office of member by death, removal, resignation, or otherwise shall be filled as soon as may be by the appointment of another member; but a member appointed to fill any such vacancy shall be deemed to hold the office of the member’s predecessor, and shall hold office only so long as the member’s predecessor would have done had no such vacancy occurred.\nIn the case of an elected member, a vacancy shall be filled by the appointment as prescribed of a person recommended by the Minister from a panel of 3 persons nominated by the Queensland division of the Australian Veterinary Association Limited.\nIf that association fails within 14 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination recommend to the Governor in Council a person who is in the opinion of the Minister a suitable person, as a member of the board, and the person so recommended shall be deemed to be duly nominated.\ns 5 amd 1973 No. 86 s 5 ; 1986 No. 6 s 7 ; 2001 No. 63 s 39\n(sec.5-ssec.1) Any extraordinary vacancy which at any time occurs in the office of member by death, removal, resignation, or otherwise shall be filled as soon as may be by the appointment of another member; but a member appointed to fill any such vacancy shall be deemed to hold the office of the member’s predecessor, and shall hold office only so long as the member’s predecessor would have done had no such vacancy occurred.\n(sec.5-ssec.2) In the case of an elected member, a vacancy shall be filled by the appointment as prescribed of a person recommended by the Minister from a panel of 3 persons nominated by the Queensland division of the Australian Veterinary Association Limited.\n(sec.5-ssec.3) If that association fails within 14 days after a request in writing in that behalf by the Minister to submit a nomination, the Minister may without that nomination recommend to the Governor in Council a person who is in the opinion of the Minister a suitable person, as a member of the board, and the person so recommended shall be deemed to be duly nominated.","sortOrder":17},{"sectionNumber":"sec.5A","sectionType":"section","heading":"Excluded matter for Corporations legislation","content":"### sec.5A Excluded matter for Corporations legislation\n\nThe board is declared to be an excluded matter for the Corporations Act , section 5F , in relation to the following provisions of the Corporations Act —\nparts 2D.1 and 2D.6 ;\nchapters 2K and 2L ;\nparts 5.7 , 5.7B , 5.9 and 5B.2 .\ns 5A ins 2001 No. 45 s 29 sch 3\n- (a) parts 2D.1 and 2D.6 ;\n- (b) chapters 2K and 2L ;\n- (c) parts 5.7 , 5.7B , 5.9 and 5B.2 .","sortOrder":18},{"sectionNumber":"sec.6","sectionType":"section","heading":"Chairperson is executive officer of board","content":"### sec.6 Chairperson is executive officer of board\n\nThe chairperson is the executive officer of the board.\nEvery appointment, and every order, notice, certificate, or other document of the board relating to the execution of this Act is sufficiently authenticated if signed by the chairperson or any 2 members of the board.\ns 6 amd 2001 No. 63 s 58 sch\n(sec.6-ssec.1) The chairperson is the executive officer of the board.\n(sec.6-ssec.2) Every appointment, and every order, notice, certificate, or other document of the board relating to the execution of this Act is sufficiently authenticated if signed by the chairperson or any 2 members of the board.","sortOrder":19},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Election of members","content":"## Election of members","sortOrder":20},{"sectionNumber":"sec.7","sectionType":"section","heading":null,"content":"### Section sec.7\n\ns 7 amd 1973 No. 86 s 6 ; 1986 No. 6 s 8 ; 2000 No. 16 s 590 sch 1 pt 2 (amdt could not be given effect)\nom 2001 No. 63 s 41","sortOrder":21},{"sectionNumber":"sec.8","sectionType":"section","heading":"Board to hold elections of members","content":"### sec.8 Board to hold elections of members\n\nThere must be an election of the elected members of the board.\nEach election after the first election must be held on the day that the board by resolution appoints.\nThe day appointed by the board under subsection (2) must be within the period that is more than 6 months, but not more than 1 year, before the term of appointment of the elected members of the board ends.\nThe registrar shall be the returning officer at any election held under this Act, and each eligible veterinary surgeon shall be entitled to vote and shall have 1 vote only.\nNotice of every election, the form of ballot paper and method of voting thereat, and the time and manner of nomination of every candidate for elective membership shall be as prescribed.\ns 8 amd 2001 No. 63 s 58 sch ; 2006 No. 48 s 34 ; 2013 No. 41 s 82 ; 2020 No. 3 s 135\n(sec.8-ssec.1) There must be an election of the elected members of the board.\n(sec.8-ssec.2) Each election after the first election must be held on the day that the board by resolution appoints.\n(sec.8-ssec.3) The day appointed by the board under subsection (2) must be within the period that is more than 6 months, but not more than 1 year, before the term of appointment of the elected members of the board ends.\n(sec.8-ssec.4) The registrar shall be the returning officer at any election held under this Act, and each eligible veterinary surgeon shall be entitled to vote and shall have 1 vote only.\n(sec.8-ssec.5) Notice of every election, the form of ballot paper and method of voting thereat, and the time and manner of nomination of every candidate for elective membership shall be as prescribed.","sortOrder":22},{"sectionNumber":"sec.9","sectionType":"section","heading":"Power of Governor in Council on failure to elect","content":"### sec.9 Power of Governor in Council on failure to elect\n\nIf at the time prescribed or appointed for holding an election—\nno election is held; or\nno candidates are nominated; or\nthe number of candidates nominated is less than the number of candidates to be elected;\nthe Governor in Council may appoint a qualified person or a sufficient number of such persons to be a member or members of the board, as the case may require, to fill the vacancies which ought to be filled at such election, and the person or persons so appointed shall be deemed to have been duly elected at such election.\n- (a) no election is held; or\n- (b) no candidates are nominated; or\n- (c) the number of candidates nominated is less than the number of candidates to be elected;","sortOrder":23},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Board business","content":"## Board business","sortOrder":24},{"sectionNumber":"sec.10","sectionType":"section","heading":"Conduct of business","content":"### sec.10 Conduct of business\n\nSubject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate.\ns 10 sub 1973 No. 86 s 7 ; 2001 No. 63 s 42","sortOrder":25},{"sectionNumber":"sec.11","sectionType":"section","heading":"Quorum","content":"### sec.11 Quorum\n\nA quorum for a meeting of the board is 3 members.\ns 11 prev s 11 amd 1990 No. 65 s 5\nom 1994 No. 15 s 3 sch 1\npres s 11 ins 2001 No. 63 s 42","sortOrder":26},{"sectionNumber":"sec.12","sectionType":"section","heading":"Presiding at meetings","content":"### sec.12 Presiding at meetings\n\nThe chairperson is to preside at all meetings of the board at which the chairperson is present.\nIf the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside.\nIf the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a member chosen by the members present is to preside.\ns 12 sub 2001 No. 63 s 42\n(sec.12-ssec.1) The chairperson is to preside at all meetings of the board at which the chairperson is present.\n(sec.12-ssec.2) If the chairperson is absent from a board meeting, but the deputy chairperson is present, the deputy chairperson is to preside.\n(sec.12-ssec.3) If the chairperson and deputy chairperson are both absent from a board meeting or the offices are vacant, a member chosen by the members present is to preside.","sortOrder":27},{"sectionNumber":"sec.12A","sectionType":"section","heading":"Conduct of meetings","content":"### sec.12A Conduct of meetings\n\nA question at a board meeting is decided by a majority of the votes of the members present.\nEach member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\nA member present at the meeting may abstain from voting.\nThe board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting.\nteleconferencing\nA member who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\nA resolution is validly made by the board, even if it is not passed at a board meeting, if—\na majority of the board members gives written agreement to the resolution; and\nnotice of the resolution is given under procedures approved by the board.\ns 12A ins 2001 No. 63 s 42\n(sec.12A-ssec.1) A question at a board meeting is decided by a majority of the votes of the members present.\n(sec.12A-ssec.2) Each member present has a vote on each question to be decided and, if the votes are equal, the member presiding also has a casting vote.\n(sec.12A-ssec.3) A member present at the meeting may abstain from voting.\n(sec.12A-ssec.4) The board may hold meetings, or allow members to take part in its meetings, by using any technology allowing reasonably contemporaneous and continuous communication between members taking part in the meeting. teleconferencing\n(sec.12A-ssec.5) A member who takes part in a board meeting under subsection (4) is taken to be present at the meeting.\n(sec.12A-ssec.6) A resolution is validly made by the board, even if it is not passed at a board meeting, if— a majority of the board members gives written agreement to the resolution; and notice of the resolution is given under procedures approved by the board.\n- (a) a majority of the board members gives written agreement to the resolution; and\n- (b) notice of the resolution is given under procedures approved by the board.","sortOrder":28},{"sectionNumber":"sec.12B","sectionType":"section","heading":"Minutes","content":"### sec.12B Minutes\n\nThe board must keep—\nminutes of its meetings; and\na record of any resolutions made under section 12A (6) .\nSubsection (3) applies if a resolution is passed at a board meeting by a majority of the members present.\nIf asked by a member who voted against the passing of the resolution, the board must ensure the minutes of the meeting record the member voted against the resolution.\ns 12B ins 2001 No. 63 s 42\n(sec.12B-ssec.1) The board must keep— minutes of its meetings; and a record of any resolutions made under section 12A (6) .\n(sec.12B-ssec.2) Subsection (3) applies if a resolution is passed at a board meeting by a majority of the members present.\n(sec.12B-ssec.3) If asked by a member who voted against the passing of the resolution, the board must ensure the minutes of the meeting record the member voted against the resolution.\n- (a) minutes of its meetings; and\n- (b) a record of any resolutions made under section 12A (6) .","sortOrder":29},{"sectionNumber":"sec.12C","sectionType":"section","heading":"Disclosure of interests","content":"### sec.12C Disclosure of interests\n\nThis section applies to a board member if—\nthe member has an interest in a matter being considered, or about to be considered, by the board; and\nthe interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\nAs soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board.\nMaximum penalty—40 penalty units.\nUnless the board otherwise directs, the member must not—\nbe present when the board considers the matter; or\ntake part in a decision of the board about the matter.\nMaximum penalty—40 penalty units.\nThe member must not be present when the board is considering whether to give a direction under subsection (3) .\nMaximum penalty—40 penalty units.\nIf there is another member who must, under subsection (2) , also disclose an interest in the matter, the other person must not—\nbe present when the board is considering whether to give a direction under subsection (3) ; or\ntake part in making the decision about giving the direction.\nMaximum penalty—40 penalty units.\nIf—\nbecause of this section, a board member is not present at a board meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and\nthere would be a quorum if the member were present;\nthe remaining members present are a quorum of the board for considering or deciding the matter, or for considering or deciding whether to give the direction, at the meeting.\nA disclosure under subsection (2) must be recorded in the board’s minutes.\nIf the member is a veterinary surgeon, the member does not have a direct or indirect interest in a matter if the interest arises merely because the member is a veterinary surgeon.\ns 12C ins 2001 No. 63 s 42\n(sec.12C-ssec.1) This section applies to a board member if— the member has an interest in a matter being considered, or about to be considered, by the board; and the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n(sec.12C-ssec.2) As soon as practicable after the relevant facts come to the member’s knowledge, the member must disclose the nature of the interest to a meeting of the board. Maximum penalty—40 penalty units.\n(sec.12C-ssec.3) Unless the board otherwise directs, the member must not— be present when the board considers the matter; or take part in a decision of the board about the matter. Maximum penalty—40 penalty units.\n(sec.12C-ssec.4) The member must not be present when the board is considering whether to give a direction under subsection (3) . Maximum penalty—40 penalty units.\n(sec.12C-ssec.5) If there is another member who must, under subsection (2) , also disclose an interest in the matter, the other person must not— be present when the board is considering whether to give a direction under subsection (3) ; or take part in making the decision about giving the direction. Maximum penalty—40 penalty units.\n(sec.12C-ssec.6) If— because of this section, a board member is not present at a board meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and there would be a quorum if the member were present; the remaining members present are a quorum of the board for considering or deciding the matter, or for considering or deciding whether to give the direction, at the meeting.\n(sec.12C-ssec.7) A disclosure under subsection (2) must be recorded in the board’s minutes.\n(sec.12C-ssec.8) If the member is a veterinary surgeon, the member does not have a direct or indirect interest in a matter if the interest arises merely because the member is a veterinary surgeon.\n- (a) the member has an interest in a matter being considered, or about to be considered, by the board; and\n- (b) the interest could conflict with the proper performance of the member’s duties about the consideration of the matter.\n- (a) be present when the board considers the matter; or\n- (b) take part in a decision of the board about the matter.\n- (a) be present when the board is considering whether to give a direction under subsection (3) ; or\n- (b) take part in making the decision about giving the direction.\n- (a) because of this section, a board member is not present at a board meeting for considering or deciding a matter, or for considering or deciding whether to give a direction under subsection (3) ; and\n- (b) there would be a quorum if the member were present;","sortOrder":30},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Other provisions about the board","content":"## Other provisions about the board","sortOrder":31},{"sectionNumber":"sec.13","sectionType":"section","heading":"Appointment of deputy member","content":"### sec.13 Appointment of deputy member\n\nIf a member is likely from any cause to be absent from meetings of the board for more than 4 months, the Governor in Council may appoint a deputy to act for such member during the member’s absence.\nIn appointing a deputy to act during the absence of an elected member, the Governor in Council may have regard to the nomination of the Queensland division of the Australian Veterinary Association Limited.\nA deputy shall have the same powers, rights, and duties as the member in whose place the deputy is appointed.\ns 13 amd 1973 No. 86 s 8 ; 1986 No. 6 s 9\n(sec.13-ssec.1) If a member is likely from any cause to be absent from meetings of the board for more than 4 months, the Governor in Council may appoint a deputy to act for such member during the member’s absence.\n(sec.13-ssec.1A) In appointing a deputy to act during the absence of an elected member, the Governor in Council may have regard to the nomination of the Queensland division of the Australian Veterinary Association Limited.\n(sec.13-ssec.2) A deputy shall have the same powers, rights, and duties as the member in whose place the deputy is appointed.","sortOrder":32},{"sectionNumber":"sec.14","sectionType":"section","heading":"Officers","content":"### sec.14 Officers\n\nThere is to be a registrar of the board.\nThe registrar is employed under the Public Sector Act 2022 .\nThe board may appoint such other officers as the board thinks necessary to give effect to this Act.\nSubject to any applicable award of an industrial court, tribunal or authority or any industrial agreement, persons appointed pursuant to subsection (2) shall be paid such remuneration and shall be employed under such conditions as are fixed by the board.\ns 14 sub 1986 No. 6 s 10\namd 1996 No. 37 s 147 sch 2 ; 2001 No. 63 s 44 ; 2009 No. 25 s 83 sch ; 2022 No. 34 s 365 sch 3\n(sec.14-ssec.1) There is to be a registrar of the board.\n(sec.14-ssec.2) The registrar is employed under the Public Sector Act 2022 .\n(sec.14-ssec.3) The board may appoint such other officers as the board thinks necessary to give effect to this Act.\n(sec.14-ssec.4) Subject to any applicable award of an industrial court, tribunal or authority or any industrial agreement, persons appointed pursuant to subsection (2) shall be paid such remuneration and shall be employed under such conditions as are fixed by the board.","sortOrder":33},{"sectionNumber":"sec.15","sectionType":"section","heading":"Funds of board","content":"### sec.15 Funds of board\n\nAll moneys received by the board or the registrar, including fees and penalties, shall be paid into the funds of the board.\nThe remuneration of the registrar and other officers appointed under this Act and all other expenses of and incidental to the administration of this Act, shall be paid by the board out of its funds.\nHowever, where such funds are insufficient for the purpose of the administration of this Act there may be made from the consolidated fund such payments to the funds of the board as the Governor in Council may deem necessary for such purpose, which payments are hereby appropriated for the purpose.\nAny surplus moneys of the board which are not required for the purposes of subsection (2) may be expended by the board for the purposes of the advancement of veterinary science in such manner as it decides.\ns 15 amd 1986 No. 6 s 11 ; 2006 No. 48 s 33 sch ; 2009 No. 24 s 833\n(sec.15-ssec.1) All moneys received by the board or the registrar, including fees and penalties, shall be paid into the funds of the board.\n(sec.15-ssec.2) The remuneration of the registrar and other officers appointed under this Act and all other expenses of and incidental to the administration of this Act, shall be paid by the board out of its funds.\n(sec.15-ssec.2A) However, where such funds are insufficient for the purpose of the administration of this Act there may be made from the consolidated fund such payments to the funds of the board as the Governor in Council may deem necessary for such purpose, which payments are hereby appropriated for the purpose.\n(sec.15-ssec.3) Any surplus moneys of the board which are not required for the purposes of subsection (2) may be expended by the board for the purposes of the advancement of veterinary science in such manner as it decides.","sortOrder":34},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Tribunal proceedings","content":"# Tribunal proceedings","sortOrder":35},{"sectionNumber":"sec.15A","sectionType":"section","heading":"Jurisdiction","content":"### sec.15A Jurisdiction\n\nThe tribunal has jurisdiction—\nto hear and decide any disciplinary proceedings involving allegations of misconduct in a professional respect referred by the board against any veterinary surgeon; and\nto hear and decide any application made under section 22C ; and\nto hear and decide show cause proceedings brought under section 22D .\ns 15A ins 1986 No. 6 s 12\nsub 2009 No. 24 s 834\n- (a) to hear and decide any disciplinary proceedings involving allegations of misconduct in a professional respect referred by the board against any veterinary surgeon; and\n- (b) to hear and decide any application made under section 22C ; and\n- (c) to hear and decide show cause proceedings brought under section 22D .","sortOrder":36},{"sectionNumber":"sec.15B","sectionType":"section","heading":"Constitution of tribunal","content":"### sec.15B Constitution of tribunal\n\nFor a proceeding under section 15A , the tribunal is to be constituted by—\n1 legally qualified member; and\n2 other QCAT members who are veterinary surgeons.\nThe person mentioned in subsection (1) (a) is the presiding member for the proceedings.\nIn this section—\nlegally qualified member means a legally qualified member under the QCAT Act .\nQCAT member means a member under the QCAT Act .\ns 15B ins 1986 No. 6 s 12\namd 1994 No. 15 s 3 sch 1 ; 1996 No. 37 s 147 sch 2\nsub 2009 No. 24 s 834\namd 2009 No. 48 s 197\n(sec.15B-ssec.1) For a proceeding under section 15A , the tribunal is to be constituted by— 1 legally qualified member; and 2 other QCAT members who are veterinary surgeons.\n(sec.15B-ssec.2) The person mentioned in subsection (1) (a) is the presiding member for the proceedings.\n(sec.15B-ssec.3) In this section— legally qualified member means a legally qualified member under the QCAT Act . QCAT member means a member under the QCAT Act .\n- (a) 1 legally qualified member; and\n- (b) 2 other QCAT members who are veterinary surgeons.","sortOrder":37},{"sectionNumber":"sec.15C","sectionType":"section","heading":"Matters tribunal must consider in making particular decisions","content":"### sec.15C Matters tribunal must consider in making particular decisions\n\nThis section applies to the tribunal in making a decision about—\na disciplinary proceeding alleging misconduct in a professional respect against a veterinary surgeon; or\nwhether or not a veterinary surgeon’s name should be removed from the register of veterinary surgeons because the veterinary surgeon is medically unfit to practise veterinary science.\nIn making its decision, the tribunal—\nmust have regard to previous decisions about the veterinary surgeon made by any of the following—\nthe tribunal if, in the opinion of the tribunal, the previous decision is relevant to the matter before it;\nthe board;\na committee; and\nmay have regard to previous decisions about the veterinary surgeon made by a foreign disciplinary body.\nSubsection (2) does not limit the matters the tribunal may consider in making its decision.\nIn this section—\ncommittee means a committee of medical practitioners appointed under section 22D (1) .\nforeign disciplinary body means an entity, established under the law of another State or country, having functions similar to the functions of the board or tribunal under this Act.\ns 15C ins 1986 No. 6 s 13\namd 1994 No. 15 s 3 sch 1 ; 2000 No. 16 s 590 sch 1 pt 2\nsub 2009 No. 24 s 834\n(sec.15C-ssec.1) This section applies to the tribunal in making a decision about— a disciplinary proceeding alleging misconduct in a professional respect against a veterinary surgeon; or whether or not a veterinary surgeon’s name should be removed from the register of veterinary surgeons because the veterinary surgeon is medically unfit to practise veterinary science.\n(sec.15C-ssec.2) In making its decision, the tribunal— must have regard to previous decisions about the veterinary surgeon made by any of the following— the tribunal if, in the opinion of the tribunal, the previous decision is relevant to the matter before it; the board; a committee; and may have regard to previous decisions about the veterinary surgeon made by a foreign disciplinary body.\n(sec.15C-ssec.3) Subsection (2) does not limit the matters the tribunal may consider in making its decision.\n(sec.15C-ssec.4) In this section— committee means a committee of medical practitioners appointed under section 22D (1) . foreign disciplinary body means an entity, established under the law of another State or country, having functions similar to the functions of the board or tribunal under this Act.\n- (a) a disciplinary proceeding alleging misconduct in a professional respect against a veterinary surgeon; or\n- (b) whether or not a veterinary surgeon’s name should be removed from the register of veterinary surgeons because the veterinary surgeon is medically unfit to practise veterinary science.\n- (a) must have regard to previous decisions about the veterinary surgeon made by any of the following— (i) the tribunal if, in the opinion of the tribunal, the previous decision is relevant to the matter before it; (ii) the board; (iii) a committee; and\n- (i) the tribunal if, in the opinion of the tribunal, the previous decision is relevant to the matter before it;\n- (ii) the board;\n- (iii) a committee; and\n- (b) may have regard to previous decisions about the veterinary surgeon made by a foreign disciplinary body.\n- (i) the tribunal if, in the opinion of the tribunal, the previous decision is relevant to the matter before it;\n- (ii) the board;\n- (iii) a committee; and","sortOrder":38},{"sectionNumber":"sec.15D","sectionType":"section","heading":"Costs","content":"### sec.15D Costs\n\nIn a proceeding before it, the tribunal may make any decision about costs it considers appropriate.\nHowever, the costs allowable are only—\nthe costs allowable under the QCAT Act ; and\nif the board conducted an investigation of a matter before referring the matter for hearing by the tribunal—the cost to the board of conducting the investigation.\nWithout limiting subsection (1) , in making a decision about an order for costs, the tribunal—\nmust take into consideration the cost of any investigation for the matter the subject of the proceeding; and\nmust not take into consideration the amount of a penalty, if any, imposed on a veterinary surgeon in the proceeding.\ns 15D ins 1986 No. 6 s 13\namd 1990 No. 65 s 6 ; 1994 No. 15 s 3 sch 1 ; 2006 No. 48 s 33 sch\nsub 2009 No. 24 s 834\n(sec.15D-ssec.1) In a proceeding before it, the tribunal may make any decision about costs it considers appropriate.\n(sec.15D-ssec.2) However, the costs allowable are only— the costs allowable under the QCAT Act ; and if the board conducted an investigation of a matter before referring the matter for hearing by the tribunal—the cost to the board of conducting the investigation.\n(sec.15D-ssec.3) Without limiting subsection (1) , in making a decision about an order for costs, the tribunal— must take into consideration the cost of any investigation for the matter the subject of the proceeding; and must not take into consideration the amount of a penalty, if any, imposed on a veterinary surgeon in the proceeding.\n- (a) the costs allowable under the QCAT Act ; and\n- (b) if the board conducted an investigation of a matter before referring the matter for hearing by the tribunal—the cost to the board of conducting the investigation.\n- (a) must take into consideration the cost of any investigation for the matter the subject of the proceeding; and\n- (b) must not take into consideration the amount of a penalty, if any, imposed on a veterinary surgeon in the proceeding.","sortOrder":39},{"sectionNumber":"sec.15E","sectionType":"section","heading":null,"content":"### Section sec.15E\n\ns 15E ins 1986 No. 6 s 14\namd 2001 No. 63 s 45 ; 2006 No. 48 ss 35 , 33 sch\nom 2009 No. 24 s 834","sortOrder":40},{"sectionNumber":"sec.15F","sectionType":"section","heading":null,"content":"### Section sec.15F\n\ns 15F ins 1986 No. 6 s 14\namd 1990 No. 65 s 7 ; 2001 No. 63 s 46 ; 2006 No. 48 ss 36 , 33 sch\nom 2009 No. 24 s 834","sortOrder":41},{"sectionNumber":"sec.15G","sectionType":"section","heading":null,"content":"### Section sec.15G\n\ns 15G ins 1986 No. 6 s 14\nsub 2006 No. 48 s 37\namd 2009 No. 24 s 830\nom 2009 No. 24 s 834","sortOrder":42},{"sectionNumber":"sec.15H","sectionType":"section","heading":null,"content":"### Section sec.15H\n\ns 15H ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":43},{"sectionNumber":"sec.15I","sectionType":"section","heading":null,"content":"### Section sec.15I\n\ns 15I ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":44},{"sectionNumber":"sec.15J","sectionType":"section","heading":null,"content":"### Section sec.15J\n\ns 15J ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":45},{"sectionNumber":"sec.15K","sectionType":"section","heading":null,"content":"### Section sec.15K\n\ns 15K ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":46},{"sectionNumber":"sec.15L","sectionType":"section","heading":null,"content":"### Section sec.15L\n\ns 15L ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":47},{"sectionNumber":"sec.15M","sectionType":"section","heading":null,"content":"### Section sec.15M\n\ns 15M ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":48},{"sectionNumber":"sec.15N","sectionType":"section","heading":null,"content":"### Section sec.15N\n\ns 15N ins 2006 No. 48 s 37\nom 2009 No. 24 s 834","sortOrder":49},{"sectionNumber":"pt.3","sectionType":"part","heading":"The registers","content":"# The registers","sortOrder":50},{"sectionNumber":"sec.16","sectionType":"section","heading":"Keeping registers","content":"### sec.16 Keeping registers\n\nThe registrar must keep—\nthe register of veterinary surgeons, Queensland; and\nthe register of veterinary specialists, Queensland.\nThe registrar must—\nkeep the registers in electronic form; and\nmake the registers available for inspection on the board’s website.\nThe registrar must enter in the register of veterinary surgeons, Queensland—\nthe full names and the addresses of all persons registered as veterinary surgeons under this Act; and\na description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and\nin the case of a veterinary surgeon who is also registered as a veterinary specialist—a reference to such registration; and\nany other particulars, other than the emergency contact details for a veterinary surgeon, decided by the board.\nThe registrar must enter in the register of veterinary specialists, Queensland—\nthe full names and the addresses of all veterinary surgeons registered as veterinary specialists under this Act; and\na description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and\na reference to the registration of the veterinary specialist concerned as a veterinary surgeon; and\nany other particulars, other than the emergency contact details for a veterinary surgeon, decided by the board.\nSubsections (3) and (4) do not apply to veterinary practitioners.\nA certificate by the registrar that any person is registered as a veterinary surgeon or a veterinary specialist and possesses the qualifications therein named shall be prima facie evidence that the person named in such certificate is so registered and possesses the qualifications so mentioned and no other qualifications whatsoever; and a certificate by the registrar that the person named therein is not registered as a veterinary surgeon or, as the case may be, a veterinary specialist or does not possess certain qualifications shall be prima facie evidence that the person named therein is not so registered or does not possess the qualifications mentioned, as the case may be.\nAny certificate purporting to be a certificate by the registrar as aforesaid shall be admissible in all proceedings whatsoever, and every court and justice shall take judicial notice of the signature of the registrar thereto.\ns 16 amd 1973 No. 86 s 9 ; 1986 No. 6 s 16 ; 2006 No. 48 s 38 ; 2013 No. 41 s 83\n(sec.16-ssec.1) The registrar must keep— the register of veterinary surgeons, Queensland; and the register of veterinary specialists, Queensland.\n(sec.16-ssec.2) The registrar must— keep the registers in electronic form; and make the registers available for inspection on the board’s website.\n(sec.16-ssec.3) The registrar must enter in the register of veterinary surgeons, Queensland— the full names and the addresses of all persons registered as veterinary surgeons under this Act; and a description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and in the case of a veterinary surgeon who is also registered as a veterinary specialist—a reference to such registration; and any other particulars, other than the emergency contact details for a veterinary surgeon, decided by the board.\n(sec.16-ssec.4) The registrar must enter in the register of veterinary specialists, Queensland— the full names and the addresses of all veterinary surgeons registered as veterinary specialists under this Act; and a description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and a reference to the registration of the veterinary specialist concerned as a veterinary surgeon; and any other particulars, other than the emergency contact details for a veterinary surgeon, decided by the board.\n(sec.16-ssec.4A) Subsections (3) and (4) do not apply to veterinary practitioners.\n(sec.16-ssec.5) A certificate by the registrar that any person is registered as a veterinary surgeon or a veterinary specialist and possesses the qualifications therein named shall be prima facie evidence that the person named in such certificate is so registered and possesses the qualifications so mentioned and no other qualifications whatsoever; and a certificate by the registrar that the person named therein is not registered as a veterinary surgeon or, as the case may be, a veterinary specialist or does not possess certain qualifications shall be prima facie evidence that the person named therein is not so registered or does not possess the qualifications mentioned, as the case may be.\n(sec.16-ssec.6) Any certificate purporting to be a certificate by the registrar as aforesaid shall be admissible in all proceedings whatsoever, and every court and justice shall take judicial notice of the signature of the registrar thereto.\n- (a) the register of veterinary surgeons, Queensland; and\n- (b) the register of veterinary specialists, Queensland.\n- (a) keep the registers in electronic form; and\n- (b) make the registers available for inspection on the board’s website.\n- (a) the full names and the addresses of all persons registered as veterinary surgeons under this Act; and\n- (b) a description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and\n- (c) in the case of a veterinary surgeon who is also registered as a veterinary specialist—a reference to such registration; and\n- (d) any other particulars, other than the emergency contact details for a veterinary surgeon, decided by the board.\n- (a) the full names and the addresses of all veterinary surgeons registered as veterinary specialists under this Act; and\n- (b) a description of the qualification in respect of which such registration is granted and the date on which the qualification was conferred; and\n- (c) a reference to the registration of the veterinary specialist concerned as a veterinary surgeon; and\n- (d) any other particulars, other than the emergency contact details for a veterinary surgeon, decided by the board.","sortOrder":51},{"sectionNumber":"sec.16A","sectionType":"section","heading":"Arrangements between board and interstate registering authorities","content":"### sec.16A Arrangements between board and interstate registering authorities\n\nThe board may enter into an arrangement with a registering authority of another State about access to information in a relevant register—\nfor the purposes of establishing a national register of veterinary specialists, veterinary surgeons and veterinary practitioners; or\nfor other purposes related to the recognition of veterinary specialists, veterinary surgeons or veterinary practitioners.\nWithout limiting subsection (1) , an arrangement made under this section may involve the establishment of a national register of veterinary specialists, veterinary surgeons and veterinary practitioners by the Australasian Veterinary Boards Council Inc.\nIn this section—\nrelevant register means a register required to be kept by the registrar under section 16 (1) .\ns 16A ins 2013 No. 41 s 84\n(sec.16A-ssec.1) The board may enter into an arrangement with a registering authority of another State about access to information in a relevant register— for the purposes of establishing a national register of veterinary specialists, veterinary surgeons and veterinary practitioners; or for other purposes related to the recognition of veterinary specialists, veterinary surgeons or veterinary practitioners.\n(sec.16A-ssec.2) Without limiting subsection (1) , an arrangement made under this section may involve the establishment of a national register of veterinary specialists, veterinary surgeons and veterinary practitioners by the Australasian Veterinary Boards Council Inc.\n(sec.16A-ssec.3) In this section— relevant register means a register required to be kept by the registrar under section 16 (1) .\n- (a) for the purposes of establishing a national register of veterinary specialists, veterinary surgeons and veterinary practitioners; or\n- (b) for other purposes related to the recognition of veterinary specialists, veterinary surgeons or veterinary practitioners.","sortOrder":52},{"sectionNumber":"sec.17","sectionType":"section","heading":"Annual fee","content":"### sec.17 Annual fee\n\nSave where exemption from payment thereof is provided for by the regulations, every veterinary surgeon shall pay to the registrar the prescribed annual fee and every veterinary surgeon who is a veterinary specialist shall pay to the registrar such additional annual fee as is prescribed.\nSuch annual fee (including in the case of a veterinary specialist the additional annual fee prescribed) shall be paid to the registrar by the veterinary surgeon concerned before 31 January in each year.\nIf a veterinary surgeon does not pay the prescribed annual fee before the time prescribed by subsection (2) , the board may remove the veterinary surgeon’s name from the register of veterinary surgeons.\nIf a veterinary specialist does not pay the prescribed additional annual fee before the time prescribed by subsection (2) , the board may remove the veterinary specialist’s name from the register of veterinary specialists.\nIf the name of any person is removed from a register under this section, the board may restore the person’s name to that register on receiving payment of the fees prescribed under a regulation.\nIn this section—\nveterinary surgeon does not include a veterinary practitioner.\ns 17 amd 1973 No. 86 s 10 ; 1986 No. 6 s 17 ; 2006 No. 48 s 39 ; 2013 No. 41 s 85\n(sec.17-ssec.1) Save where exemption from payment thereof is provided for by the regulations, every veterinary surgeon shall pay to the registrar the prescribed annual fee and every veterinary surgeon who is a veterinary specialist shall pay to the registrar such additional annual fee as is prescribed.\n(sec.17-ssec.2) Such annual fee (including in the case of a veterinary specialist the additional annual fee prescribed) shall be paid to the registrar by the veterinary surgeon concerned before 31 January in each year.\n(sec.17-ssec.3) If a veterinary surgeon does not pay the prescribed annual fee before the time prescribed by subsection (2) , the board may remove the veterinary surgeon’s name from the register of veterinary surgeons.\n(sec.17-ssec.4) If a veterinary specialist does not pay the prescribed additional annual fee before the time prescribed by subsection (2) , the board may remove the veterinary specialist’s name from the register of veterinary specialists.\n(sec.17-ssec.5) If the name of any person is removed from a register under this section, the board may restore the person’s name to that register on receiving payment of the fees prescribed under a regulation.\n(sec.17-ssec.6) In this section— veterinary surgeon does not include a veterinary practitioner.","sortOrder":53},{"sectionNumber":"pt.4","sectionType":"part","heading":"Veterinary surgeons and veterinary specialists","content":"# Veterinary surgeons and veterinary specialists","sortOrder":54},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Registration of veterinary surgeons and veterinary specialists, and approvals to practise veterinary science","content":"## Registration of veterinary surgeons and veterinary specialists, and approvals to practise veterinary science","sortOrder":55},{"sectionNumber":"sec.18","sectionType":"section","heading":"Registration of veterinary surgeons","content":"### sec.18 Registration of veterinary surgeons\n\nA person shall be entitled to be registered as a veterinary surgeon if the person applies to the board in the approved form and satisfies the board that the person is of good fame and character and that—\nthe person is—\nthe holder of a degree or diploma in veterinary science of a university or other body; or\na member of a college or other body of veterinary surgeons;\nin either case granted after due examination and recognised by the Governor in Council by regulation—\nas entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and\nas furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State; or\nthe person is the holder of a degree or diploma in veterinary science of a university or other body or a member of a college or other body of veterinary surgeons (other than a university, college or other body specified by regulation) in either case granted after due examination and recognised by the Governor in Council by regulation—\nas entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and\nas not furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State without compliance with the further requirements specified in subsection (2) ;\nand the person has complied with those further requirements.\nThe board may deem a person to be the holder of a qualification referred to in subsection (1) (a) (i) or (ii) or (b)(i) or (ii) if the person satisfies the board that he or she is entitled to that qualification and that the same will be conferred upon the person in due course according to the practice of the university, college or other body in question.\nThe further requirements referred to in subsection (1) (b) are—\nthat the person has been resident in the Commonwealth for the prescribed period;\nthat the person has undergone and passed prescribed examinations conducted in the English language.\nThe board may refuse an application for registration as a veterinary surgeon if the board is satisfied the applicant is not medically fit to practise veterinary science.\nAlso, if the board considers it appropriate in the circumstances, the board may refuse an application for registration as a veterinary surgeon if satisfied the applicant is not suitable to be registered because the applicant has, under the law of another State—\napplied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or\nbeen disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State.\nSubsections (3) and (3A) apply despite subsection (1) .\nIf the board decides to refuse an application for registration, the board must, as soon as practicable after making the decision, give the applicant an information notice for the decision.\ns 18 sub 1973 No. 86 s 11\namd 1986 No. 6 s 19 ; 1990 No. 65 s 8 ; 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 2000 No. 16 s 590 sch 1 pt 2 ; 2001 No. 63 s 58 sch ; 2002 No. 49 s 37 sch ; 2009 No. 24 s 835 ; 2013 No. 41 s 86\n(sec.18-ssec.1) A person shall be entitled to be registered as a veterinary surgeon if the person applies to the board in the approved form and satisfies the board that the person is of good fame and character and that— the person is— the holder of a degree or diploma in veterinary science of a university or other body; or a member of a college or other body of veterinary surgeons; in either case granted after due examination and recognised by the Governor in Council by regulation— as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and as furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State; or the person is the holder of a degree or diploma in veterinary science of a university or other body or a member of a college or other body of veterinary surgeons (other than a university, college or other body specified by regulation) in either case granted after due examination and recognised by the Governor in Council by regulation— as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and as not furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State without compliance with the further requirements specified in subsection (2) ; and the person has complied with those further requirements.\n(sec.18-ssec.1A) The board may deem a person to be the holder of a qualification referred to in subsection (1) (a) (i) or (ii) or (b)(i) or (ii) if the person satisfies the board that he or she is entitled to that qualification and that the same will be conferred upon the person in due course according to the practice of the university, college or other body in question.\n(sec.18-ssec.2) The further requirements referred to in subsection (1) (b) are— that the person has been resident in the Commonwealth for the prescribed period; that the person has undergone and passed prescribed examinations conducted in the English language.\n(sec.18-ssec.3) The board may refuse an application for registration as a veterinary surgeon if the board is satisfied the applicant is not medically fit to practise veterinary science.\n(sec.18-ssec.3A) Also, if the board considers it appropriate in the circumstances, the board may refuse an application for registration as a veterinary surgeon if satisfied the applicant is not suitable to be registered because the applicant has, under the law of another State— applied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or been disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State.\n(sec.18-ssec.3B) Subsections (3) and (3A) apply despite subsection (1) .\n(sec.18-ssec.4) If the board decides to refuse an application for registration, the board must, as soon as practicable after making the decision, give the applicant an information notice for the decision.\n- (a) the person is— (i) the holder of a degree or diploma in veterinary science of a university or other body; or (ii) a member of a college or other body of veterinary surgeons; in either case granted after due examination and recognised by the Governor in Council by regulation—\n- (i) the holder of a degree or diploma in veterinary science of a university or other body; or\n- (ii) a member of a college or other body of veterinary surgeons;\n- (iii) as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and (iv) as furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State; or\n- (iii) as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and\n- (iv) as furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State; or\n- (b) the person is the holder of a degree or diploma in veterinary science of a university or other body or a member of a college or other body of veterinary surgeons (other than a university, college or other body specified by regulation) in either case granted after due examination and recognised by the Governor in Council by regulation— (i) as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and (ii) as not furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State without compliance with the further requirements specified in subsection (2) ;\n- (i) as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and\n- (ii) as not furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State without compliance with the further requirements specified in subsection (2) ;\n- (i) the holder of a degree or diploma in veterinary science of a university or other body; or\n- (ii) a member of a college or other body of veterinary surgeons;\n- (iii) as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and\n- (iv) as furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State; or\n- (i) as entitling the holder or member, as the case may be, to practise veterinary science in the country in which the degree, diploma or membership was obtained; and\n- (ii) as not furnishing sufficient evidence that the person possesses the skill, knowledge and ability efficiently to practise veterinary science in the State without compliance with the further requirements specified in subsection (2) ;\n- (a) that the person has been resident in the Commonwealth for the prescribed period;\n- (b) that the person has undergone and passed prescribed examinations conducted in the English language.\n- (a) applied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or\n- (b) been disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State.","sortOrder":56},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Performance of certain acts by approved persons","content":"### sec.18A Performance of certain acts by approved persons\n\nThe board may upon application grant approval to a person who possesses the qualifications specified in section 18 (1) (b) , but who has not complied with the further requirements specified in section 18 (2) , to do or perform any act, procedure, matter or thing the doing or performance of which forms part of the practice of veterinary science, in the course of the person’s employment with and under the direction of a veterinary surgeon.\nAn application under this section—\nshall be in the approved form;\nshall contain the prescribed particulars;\nshall be accompanied by the prescribed fee;\nshall be supported by such evidence as the board requires.\nThe board shall consider each application made under this section and may grant or refuse it, and where the board grants an application it shall issue an approval.\nAlso, if the board considers it appropriate in the circumstances, the board may refuse an application for registration as a veterinary surgeon if satisfied the applicant is not suitable to be registered because the applicant has, under the law of another State—\napplied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or\nbeen disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State.\nSubsections (3) and (3A) apply despite subsection (1) .\nAn approval granted and issued under this section—\nshall be in the approved form;\nshall be subject to such terms, conditions or restrictions as are prescribed, and specified therein;\nshall remain in force—\nuntil the person to whom it was granted is registered under this Act as a veterinary surgeon; or\nuntil the expiration of the period of 5 years commencing on the date on which the approval was granted;\nwhichever first occurs, and thereupon shall cease to be of any force or effect.\nWhere a person in respect of whom an approval is in force under this section—\nis convicted in the State of an indictable offence, or elsewhere of an offence which, if committed in the State, would be an indictable offence;\nis convicted of an offence against this Act;\nis adjudged by the board after an inquiry to have engaged in misconduct which, if the person had been a veterinary surgeon, would be misconduct in a professional respect;\ncontravenes or fails to comply with any term, condition or restriction subject to which the approval was granted;\nthe board may cancel the approval or suspend the approval for such period as the board decides.\nWhere an approval is suspended under subsection (5) that approval shall be of no force or effect during the period of suspension and shall remain in force only for the period during which it would have remained in force but for the suspension.\ns 18A ins 1973 No. 86 s 12\namd 1986 No. 6 s 20 ; 1990 No. 65 s 9 ; 1995 No. 58 s 4 sch 1 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch ; 2009 No. 24 s 836\n(sec.18A-ssec.1) The board may upon application grant approval to a person who possesses the qualifications specified in section 18 (1) (b) , but who has not complied with the further requirements specified in section 18 (2) , to do or perform any act, procedure, matter or thing the doing or performance of which forms part of the practice of veterinary science, in the course of the person’s employment with and under the direction of a veterinary surgeon.\n(sec.18A-ssec.2) An application under this section— shall be in the approved form; shall contain the prescribed particulars; shall be accompanied by the prescribed fee; shall be supported by such evidence as the board requires.\n(sec.18A-ssec.3) The board shall consider each application made under this section and may grant or refuse it, and where the board grants an application it shall issue an approval.\n(sec.18A-ssec.3A) Also, if the board considers it appropriate in the circumstances, the board may refuse an application for registration as a veterinary surgeon if satisfied the applicant is not suitable to be registered because the applicant has, under the law of another State— applied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or been disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State.\n(sec.18A-ssec.3B) Subsections (3) and (3A) apply despite subsection (1) .\n(sec.18A-ssec.4) An approval granted and issued under this section— shall be in the approved form; shall be subject to such terms, conditions or restrictions as are prescribed, and specified therein; shall remain in force— until the person to whom it was granted is registered under this Act as a veterinary surgeon; or until the expiration of the period of 5 years commencing on the date on which the approval was granted; whichever first occurs, and thereupon shall cease to be of any force or effect.\n(sec.18A-ssec.5) Where a person in respect of whom an approval is in force under this section— is convicted in the State of an indictable offence, or elsewhere of an offence which, if committed in the State, would be an indictable offence; is convicted of an offence against this Act; is adjudged by the board after an inquiry to have engaged in misconduct which, if the person had been a veterinary surgeon, would be misconduct in a professional respect; contravenes or fails to comply with any term, condition or restriction subject to which the approval was granted; the board may cancel the approval or suspend the approval for such period as the board decides.\n(sec.18A-ssec.6) Where an approval is suspended under subsection (5) that approval shall be of no force or effect during the period of suspension and shall remain in force only for the period during which it would have remained in force but for the suspension.\n- (a) shall be in the approved form;\n- (b) shall contain the prescribed particulars;\n- (c) shall be accompanied by the prescribed fee;\n- (d) shall be supported by such evidence as the board requires.\n- (a) applied for registration as a veterinary practitioner in that State and the application was refused by the registering authority for that State; or\n- (b) been disqualified from applying, or is not entitled to apply, for registration as a veterinary practitioner in that State.\n- (a) shall be in the approved form;\n- (b) shall be subject to such terms, conditions or restrictions as are prescribed, and specified therein;\n- (c) shall remain in force— (i) until the person to whom it was granted is registered under this Act as a veterinary surgeon; or (ii) until the expiration of the period of 5 years commencing on the date on which the approval was granted;\n- (i) until the person to whom it was granted is registered under this Act as a veterinary surgeon; or\n- (ii) until the expiration of the period of 5 years commencing on the date on which the approval was granted;\n- (i) until the person to whom it was granted is registered under this Act as a veterinary surgeon; or\n- (ii) until the expiration of the period of 5 years commencing on the date on which the approval was granted;\n- (a) is convicted in the State of an indictable offence, or elsewhere of an offence which, if committed in the State, would be an indictable offence;\n- (b) is convicted of an offence against this Act;\n- (c) is adjudged by the board after an inquiry to have engaged in misconduct which, if the person had been a veterinary surgeon, would be misconduct in a professional respect;\n- (d) contravenes or fails to comply with any term, condition or restriction subject to which the approval was granted;","sortOrder":57},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Deemed registration as veterinary surgeon","content":"### sec.18B Deemed registration as veterinary surgeon\n\nA person who is a veterinary practitioner is taken to be registered as a veterinary surgeon under this Act.\nThe person’s registration as a veterinary surgeon is subject to the same conditions, limitations or restrictions that apply to the person’s registration in another State as a veterinary practitioner.\ns 18B prev s 18B ins 1990 No. 65 s 10\nom 2001 No. 63 s 48\npres s 18B ins 2013 No. 41 s 87\n(sec.18B-ssec.1) A person who is a veterinary practitioner is taken to be registered as a veterinary surgeon under this Act.\n(sec.18B-ssec.2) The person’s registration as a veterinary surgeon is subject to the same conditions, limitations or restrictions that apply to the person’s registration in another State as a veterinary practitioner.","sortOrder":58},{"sectionNumber":"sec.19","sectionType":"section","heading":"Application for registration","content":"### sec.19 Application for registration\n\nApplication to the board for registration as a veterinary surgeon or as a veterinary specialist shall—\nbe made in the approved form; and\nbe supported by such evidence as the board may require; and\nbe accompanied by the prescribed fee, save where exemption from the payment thereof is provided for in the regulations.\nThe approved form must provide for the inclusion of the applicant’s contact information.\nTo remove any doubt, it is declared that a person who is taken to be registered as a veterinary surgeon under section 18B is not required to—\napply for registration under this section; or\npay the prescribed fee mentioned in subsection (1) (c) .\nHowever, a person—\nwho is taken to be registered as a veterinary surgeon under section 18B ; and\nwhose principal place of residence will be in Queensland after the expiry of the person’s registration in another State as a veterinary practitioner (the interstate registration ); and\nwho intends to carry on practice as a veterinary surgeon in Queensland after the expiry of the interstate registration;\nmust apply for registration in Queensland before the expiry of the interstate registration.\ns 19 amd 1973 No. 86 s 13 ; 1986 No. 6 s 21 ; 2006 No. 48 s 40 ; 2013 No. 41 s 88\n(sec.19-ssec.1) Application to the board for registration as a veterinary surgeon or as a veterinary specialist shall— be made in the approved form; and be supported by such evidence as the board may require; and be accompanied by the prescribed fee, save where exemption from the payment thereof is provided for in the regulations.\n(sec.19-ssec.2) The approved form must provide for the inclusion of the applicant’s contact information.\n(sec.19-ssec.3) To remove any doubt, it is declared that a person who is taken to be registered as a veterinary surgeon under section 18B is not required to— apply for registration under this section; or pay the prescribed fee mentioned in subsection (1) (c) .\n(sec.19-ssec.4) However, a person— who is taken to be registered as a veterinary surgeon under section 18B ; and whose principal place of residence will be in Queensland after the expiry of the person’s registration in another State as a veterinary practitioner (the interstate registration ); and who intends to carry on practice as a veterinary surgeon in Queensland after the expiry of the interstate registration; must apply for registration in Queensland before the expiry of the interstate registration.\n- (a) be made in the approved form; and\n- (b) be supported by such evidence as the board may require; and\n- (c) be accompanied by the prescribed fee, save where exemption from the payment thereof is provided for in the regulations.\n- (a) apply for registration under this section; or\n- (b) pay the prescribed fee mentioned in subsection (1) (c) .\n- (a) who is taken to be registered as a veterinary surgeon under section 18B ; and\n- (b) whose principal place of residence will be in Queensland after the expiry of the person’s registration in another State as a veterinary practitioner (the interstate registration ); and\n- (c) who intends to carry on practice as a veterinary surgeon in Queensland after the expiry of the interstate registration;","sortOrder":59},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Provisional registration","content":"### sec.19A Provisional registration\n\nWhere a person has applied to the board in the approved form to be registered as a veterinary surgeon and has paid the prescribed fee for registration, the chairperson or in the absence of the chairperson a member of the board authorised generally in that behalf by the board, upon being satisfied that such person is entitled to be registered as a veterinary surgeon, may ask the registrar to grant to the person a certificate in the approved form of provisional registration as a veterinary surgeon.\nThe registrar must comply with a request under subsection (1) .\nA person to whom a certificate of provisional registration as a veterinary surgeon has been granted shall be deemed to be registered under this Act as a veterinary surgeon and this Act shall apply to and with respect to that person accordingly—\nuntil the date stated in the certificate; or\nuntil such later date as is fixed by the board.\nThe date stated or the later date fixed by the board under subsection (3) must not in any case be more than 3 months from the date on which the certificate was granted.\nDespite subsections (1) to (3) , the board may at any time before the date stated or fixed, as the case may be, cancel a certificate granted and thereupon the person to whom it was granted shall cease to be deemed to be registered as a veterinary surgeon under this Act, and the cancellation shall, for the purposes of this Act, be deemed to be a refusal by the board of the application of that person to be registered as a veterinary surgeon.\nIf a person to whom a certificate of provisional registration has been granted becomes registered as a veterinary surgeon while that certificate is still in force, the person’s registration shall, unless otherwise decided by the board, date from the granting of that certificate.\ns 19A ins 1973 No. 86 s 14\namd 1995 No. 58 s 4 sch 1 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 41\n(sec.19A-ssec.1) Where a person has applied to the board in the approved form to be registered as a veterinary surgeon and has paid the prescribed fee for registration, the chairperson or in the absence of the chairperson a member of the board authorised generally in that behalf by the board, upon being satisfied that such person is entitled to be registered as a veterinary surgeon, may ask the registrar to grant to the person a certificate in the approved form of provisional registration as a veterinary surgeon.\n(sec.19A-ssec.2) The registrar must comply with a request under subsection (1) .\n(sec.19A-ssec.3) A person to whom a certificate of provisional registration as a veterinary surgeon has been granted shall be deemed to be registered under this Act as a veterinary surgeon and this Act shall apply to and with respect to that person accordingly— until the date stated in the certificate; or until such later date as is fixed by the board.\n(sec.19A-ssec.4) The date stated or the later date fixed by the board under subsection (3) must not in any case be more than 3 months from the date on which the certificate was granted.\n(sec.19A-ssec.5) Despite subsections (1) to (3) , the board may at any time before the date stated or fixed, as the case may be, cancel a certificate granted and thereupon the person to whom it was granted shall cease to be deemed to be registered as a veterinary surgeon under this Act, and the cancellation shall, for the purposes of this Act, be deemed to be a refusal by the board of the application of that person to be registered as a veterinary surgeon.\n(sec.19A-ssec.6) If a person to whom a certificate of provisional registration has been granted becomes registered as a veterinary surgeon while that certificate is still in force, the person’s registration shall, unless otherwise decided by the board, date from the granting of that certificate.\n- (a) until the date stated in the certificate; or\n- (b) until such later date as is fixed by the board.","sortOrder":60},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Registration for limited period","content":"### sec.19B Registration for limited period\n\nA person may apply to the board to be registered as a veterinary surgeon for a period not exceeding 30 days.\nThe application must be—\nin the approved form; and\naccompanied by the fee prescribed under a regulation.\nThe chairperson or an authorised member of the board may direct the registrar to register the person as a veterinary surgeon for not more than 30 days if satisfied the person is registered as a veterinary surgeon under a law of New Zealand.\nThe registrar must comply with the direction.\nIf the person’s registration as a veterinary surgeon under a law of New Zealand is suspended or cancelled—\nthe person’s registration under subsection (3) ceases to have effect on the day the registration is suspended or cancelled; and\nthe board must remove the person’s name from the register of veterinary surgeons.\ns 19B ins 1986 No. 6 s 22\namd 1995 No. 58 s 4 sch 1 ; 2001 No. 63 s 49 ; 2013 No. 41 s 89\n(sec.19B-ssec.1) A person may apply to the board to be registered as a veterinary surgeon for a period not exceeding 30 days.\n(sec.19B-ssec.2) The application must be— in the approved form; and accompanied by the fee prescribed under a regulation.\n(sec.19B-ssec.3) The chairperson or an authorised member of the board may direct the registrar to register the person as a veterinary surgeon for not more than 30 days if satisfied the person is registered as a veterinary surgeon under a law of New Zealand.\n(sec.19B-ssec.4) The registrar must comply with the direction.\n(sec.19B-ssec.5) If the person’s registration as a veterinary surgeon under a law of New Zealand is suspended or cancelled— the person’s registration under subsection (3) ceases to have effect on the day the registration is suspended or cancelled; and the board must remove the person’s name from the register of veterinary surgeons.\n- (a) in the approved form; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) the person’s registration under subsection (3) ceases to have effect on the day the registration is suspended or cancelled; and\n- (b) the board must remove the person’s name from the register of veterinary surgeons.","sortOrder":61},{"sectionNumber":"sec.19C","sectionType":"section","heading":"Registration of veterinary specialists","content":"### sec.19C Registration of veterinary specialists\n\nA veterinary surgeon shall be entitled to be registered as a veterinary specialist if the veterinary surgeon applies to the board in the approved form, pays the prescribed fee and satisfies the board that—\nhe or she has gained special skill in the veterinary specialty with respect to which he or she applies to be registered; and\nthe special skill was gained in practising veterinary science for a period of at least 5 years; and\nhe or she is the holder of a degree, diploma or other qualification recognised by regulation that relates to that veterinary specialty.\nThe board may refer an application made under subsection (1) to the body known as the advisory committee on registration of veterinary specialists for the purpose of obtaining its advice in respect of the application.\ns 19C ins 1986 No. 6 s 22\namd 1994 No. 15 s 3 sch 1 ; 1995 No. 58 s 4 sch 1 ; 2001 No. 63 s 58 sch\n(sec.19C-ssec.1) A veterinary surgeon shall be entitled to be registered as a veterinary specialist if the veterinary surgeon applies to the board in the approved form, pays the prescribed fee and satisfies the board that— he or she has gained special skill in the veterinary specialty with respect to which he or she applies to be registered; and the special skill was gained in practising veterinary science for a period of at least 5 years; and he or she is the holder of a degree, diploma or other qualification recognised by regulation that relates to that veterinary specialty.\n(sec.19C-ssec.2) The board may refer an application made under subsection (1) to the body known as the advisory committee on registration of veterinary specialists for the purpose of obtaining its advice in respect of the application.\n- (a) he or she has gained special skill in the veterinary specialty with respect to which he or she applies to be registered; and\n- (b) the special skill was gained in practising veterinary science for a period of at least 5 years; and\n- (c) he or she is the holder of a degree, diploma or other qualification recognised by regulation that relates to that veterinary specialty.","sortOrder":62},{"sectionNumber":"sec.19CA","sectionType":"section","heading":"Deemed registration of veterinary specialists","content":"### sec.19CA Deemed registration of veterinary specialists\n\nThis section applies to a veterinary practitioner—\nwho is taken to be registered as a veterinary surgeon under section 18B ; and\nwhose registration as a veterinary practitioner in another State provides, by endorsement or otherwise, that the veterinary practitioner is qualified to practise as a veterinary specialist in that State; and\nwhose qualification to practice as a veterinary specialist in the other State was gained after practising veterinary science for a period of at least 5 years.\nThe veterinary practitioner is taken to be registered as a veterinary specialist under this Act if the specialty in which the veterinary practitioner is qualified to practise in the other State is a veterinary specialty under this Act.\ns 19CA ins 2013 No. 41 s 90\n(sec.19CA-ssec.1) This section applies to a veterinary practitioner— who is taken to be registered as a veterinary surgeon under section 18B ; and whose registration as a veterinary practitioner in another State provides, by endorsement or otherwise, that the veterinary practitioner is qualified to practise as a veterinary specialist in that State; and whose qualification to practice as a veterinary specialist in the other State was gained after practising veterinary science for a period of at least 5 years.\n(sec.19CA-ssec.2) The veterinary practitioner is taken to be registered as a veterinary specialist under this Act if the specialty in which the veterinary practitioner is qualified to practise in the other State is a veterinary specialty under this Act.\n- (a) who is taken to be registered as a veterinary surgeon under section 18B ; and\n- (b) whose registration as a veterinary practitioner in another State provides, by endorsement or otherwise, that the veterinary practitioner is qualified to practise as a veterinary specialist in that State; and\n- (c) whose qualification to practice as a veterinary specialist in the other State was gained after practising veterinary science for a period of at least 5 years.","sortOrder":63},{"sectionNumber":"sec.19D","sectionType":"section","heading":"Veterinary specialties","content":"### sec.19D Veterinary specialties\n\nThe Governor in Council may, by regulation prescribe the branches of veterinary science which are to be veterinary specialties in respect of which a veterinary surgeon may be registered as a veterinary specialist.\ns 19D ins 1986 No. 6 s 22\namd 1994 No. 15 s 3 sch 1 ; 2001 No. 63 s 58 sch","sortOrder":64},{"sectionNumber":"sec.19E","sectionType":"section","heading":"Special registration","content":"### sec.19E Special registration\n\nA person is entitled to special registration as a veterinary surgeon or a veterinary specialist if, on application made to the board by the person, the board is satisfied that the person—\nis entitled under a law in force in a place outside Australia to practise veterinary science in that place; and\nis seeking registration to engage in research or teaching in veterinary science at the University of Queensland or James Cook University; and\nhas qualifications in veterinary science, and experience in the practice of veterinary science, appropriate for research or teaching in veterinary science.\nThe application must be—\nin writing in a form approved by the board; and\naccompanied by the fee prescribed under a regulation.\nSpecial registration granted to a person under this section is subject to the following conditions—\nthe person must pay to the registrar, for each 12 month period of registration, the fee prescribed under a regulation;\nthe conditions prescribed under a regulation;\nany other conditions that are—\nnot inconsistent with a condition mentioned in paragraph (a) or (b) ; and\ndecided by the board.\nThe board may remove from the register of veterinary surgeons the name of a person to whom special registration has been granted or suspend for such period as it thinks fit the special registration of a person where—\nthe board is of the opinion that the person has engaged in misconduct in a professional respect; or\nthe person is convicted in the State of an indictable offence, or elsewhere of an offence which, if committed in the State, would be an indictable offence; or\nthe person contravenes a condition of the registration.\ns 19E ins 1990 No. 65 s 11\namd 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch ; 2009 No. 24 s 837 ; 2010 No. 10 s 18\n(sec.19E-ssec.1) A person is entitled to special registration as a veterinary surgeon or a veterinary specialist if, on application made to the board by the person, the board is satisfied that the person— is entitled under a law in force in a place outside Australia to practise veterinary science in that place; and is seeking registration to engage in research or teaching in veterinary science at the University of Queensland or James Cook University; and has qualifications in veterinary science, and experience in the practice of veterinary science, appropriate for research or teaching in veterinary science.\n(sec.19E-ssec.2) The application must be— in writing in a form approved by the board; and accompanied by the fee prescribed under a regulation.\n(sec.19E-ssec.3) Special registration granted to a person under this section is subject to the following conditions— the person must pay to the registrar, for each 12 month period of registration, the fee prescribed under a regulation; the conditions prescribed under a regulation; any other conditions that are— not inconsistent with a condition mentioned in paragraph (a) or (b) ; and decided by the board.\n(sec.19E-ssec.4) The board may remove from the register of veterinary surgeons the name of a person to whom special registration has been granted or suspend for such period as it thinks fit the special registration of a person where— the board is of the opinion that the person has engaged in misconduct in a professional respect; or the person is convicted in the State of an indictable offence, or elsewhere of an offence which, if committed in the State, would be an indictable offence; or the person contravenes a condition of the registration.\n- (a) is entitled under a law in force in a place outside Australia to practise veterinary science in that place; and\n- (b) is seeking registration to engage in research or teaching in veterinary science at the University of Queensland or James Cook University; and\n- (c) has qualifications in veterinary science, and experience in the practice of veterinary science, appropriate for research or teaching in veterinary science.\n- (a) in writing in a form approved by the board; and\n- (b) accompanied by the fee prescribed under a regulation.\n- (a) the person must pay to the registrar, for each 12 month period of registration, the fee prescribed under a regulation;\n- (b) the conditions prescribed under a regulation;\n- (c) any other conditions that are— (i) not inconsistent with a condition mentioned in paragraph (a) or (b) ; and (ii) decided by the board.\n- (i) not inconsistent with a condition mentioned in paragraph (a) or (b) ; and\n- (ii) decided by the board.\n- (i) not inconsistent with a condition mentioned in paragraph (a) or (b) ; and\n- (ii) decided by the board.\n- (a) the board is of the opinion that the person has engaged in misconduct in a professional respect; or\n- (b) the person is convicted in the State of an indictable offence, or elsewhere of an offence which, if committed in the State, would be an indictable offence; or\n- (c) the person contravenes a condition of the registration.","sortOrder":65},{"sectionNumber":"sec.20","sectionType":"section","heading":"Certificates of registration","content":"### sec.20 Certificates of registration\n\nThe board may issue certificates of registration in the approved form.\ns 20 amd 2006 No. 48 s 42","sortOrder":66},{"sectionNumber":"sec.21","sectionType":"section","heading":"Removal from register and suspension","content":"### sec.21 Removal from register and suspension\n\nThe board may remove from the register of veterinary surgeons the name of any person—\nwho becomes incapable of performing the duties of a veterinary surgeon because of physical or mental incapacity; or\nwhose name has been ordered to be so removed by the tribunal; or\nwho has had his or her qualification for registration as a veterinary surgeon withdrawn or cancelled by the university, college or other body by which it was awarded; or\nwho has requested the board in writing so to do; or\nwho is deceased.\nWhere the name of a veterinary surgeon who is also a veterinary specialist is removed from the register of veterinary surgeons pursuant to subsection (1) the board shall also remove the name from the register of veterinary specialists.\nThe board may remove from the register of veterinary specialists the name of any person who has had his or her qualification for registration as a veterinary specialist withdrawn or cancelled by the university, college or other body by which it was awarded.\nA suspension of the registration of a veterinary surgeon pursuant to this Act shall—\nwhile the suspension continues in force, have the same effect as a removal of the name of the suspended person from the register of veterinary surgeons under this Act;\nwhere the person is also a veterinary specialist and while the suspension continues in force, have the same effect as a removal of the name of the suspended person from the register of veterinary specialists under this Act.\ns 21 prev s 21 om 1973 No. 86 s 15\npres s 21 ins 1986 No. 6 s 23\namd 1996 No. 25 s 28 sch 1\n(sec.21-ssec.1) The board may remove from the register of veterinary surgeons the name of any person— who becomes incapable of performing the duties of a veterinary surgeon because of physical or mental incapacity; or whose name has been ordered to be so removed by the tribunal; or who has had his or her qualification for registration as a veterinary surgeon withdrawn or cancelled by the university, college or other body by which it was awarded; or who has requested the board in writing so to do; or who is deceased.\n(sec.21-ssec.2) Where the name of a veterinary surgeon who is also a veterinary specialist is removed from the register of veterinary surgeons pursuant to subsection (1) the board shall also remove the name from the register of veterinary specialists.\n(sec.21-ssec.3) The board may remove from the register of veterinary specialists the name of any person who has had his or her qualification for registration as a veterinary specialist withdrawn or cancelled by the university, college or other body by which it was awarded.\n(sec.21-ssec.4) A suspension of the registration of a veterinary surgeon pursuant to this Act shall— while the suspension continues in force, have the same effect as a removal of the name of the suspended person from the register of veterinary surgeons under this Act; where the person is also a veterinary specialist and while the suspension continues in force, have the same effect as a removal of the name of the suspended person from the register of veterinary specialists under this Act.\n- (a) who becomes incapable of performing the duties of a veterinary surgeon because of physical or mental incapacity; or\n- (b) whose name has been ordered to be so removed by the tribunal; or\n- (c) who has had his or her qualification for registration as a veterinary surgeon withdrawn or cancelled by the university, college or other body by which it was awarded; or\n- (d) who has requested the board in writing so to do; or\n- (e) who is deceased.\n- (a) while the suspension continues in force, have the same effect as a removal of the name of the suspended person from the register of veterinary surgeons under this Act;\n- (b) where the person is also a veterinary specialist and while the suspension continues in force, have the same effect as a removal of the name of the suspended person from the register of veterinary specialists under this Act.","sortOrder":67},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Matters about conduct of veterinary surgeons","content":"## Matters about conduct of veterinary surgeons","sortOrder":68},{"sectionNumber":"sec.22","sectionType":"section","heading":"Investigation by board","content":"### sec.22 Investigation by board\n\nThe board may of its own motion or upon the complaint of a person aggrieved cause an investigation to be made of the conduct of a veterinary surgeon.\nA person aggrieved by the conduct of a veterinary surgeon who desires to complain of such conduct shall furnish to the board the person’s complaint in writing.\nThe board may require that the writing be in the form of a statutory declaration made pursuant to the Oaths Act 1867 .\nWhere the board is of the opinion that there is sufficient evidence available with which to establish a prima facie case of misconduct in a professional respect against a veterinary surgeon it may proceed pursuant to section 22A or refer the matter, as provided under the QCAT Act , to the tribunal to hear and decide the matter.\nThe referral to the tribunal must be accompanied by sufficient particulars to inform the tribunal and the veterinary surgeon of the matter alleged against the veterinary surgeon.\ns 22 amd 1973 No. 86 s 16\nsub 1986 No. 6 s 24\namd 2006 No. 48 s 33 sch ; 2009 No. 24 s 838\n(sec.22-ssec.1) The board may of its own motion or upon the complaint of a person aggrieved cause an investigation to be made of the conduct of a veterinary surgeon.\n(sec.22-ssec.2) A person aggrieved by the conduct of a veterinary surgeon who desires to complain of such conduct shall furnish to the board the person’s complaint in writing.\n(sec.22-ssec.2A) The board may require that the writing be in the form of a statutory declaration made pursuant to the Oaths Act 1867 .\n(sec.22-ssec.3) Where the board is of the opinion that there is sufficient evidence available with which to establish a prima facie case of misconduct in a professional respect against a veterinary surgeon it may proceed pursuant to section 22A or refer the matter, as provided under the QCAT Act , to the tribunal to hear and decide the matter.\n(sec.22-ssec.4) The referral to the tribunal must be accompanied by sufficient particulars to inform the tribunal and the veterinary surgeon of the matter alleged against the veterinary surgeon.","sortOrder":69},{"sectionNumber":"sec.22A","sectionType":"section","heading":"Board may take disciplinary action","content":"### sec.22A Board may take disciplinary action\n\nSubject to section 22B , where the board is of the opinion that a veterinary surgeon has engaged in misconduct in a professional respect, it may, instead of referring the matter to the tribunal—\norder the veterinary surgeon to pay to the board by way of penalty a specified sum of money in no case exceeding 10 penalty units; or\nadmonish or reprimand the veterinary surgeon; or\nadjourn the matter of dealing with the veterinary surgeon pursuant to paragraph (a) or (b) for a period not exceeding 12 months.\nAn order made pursuant to subsection (1) (a) may contain a direction that the registration of the veterinary surgeon concerned be suspended for a specified period if the veterinary surgeon fails to pay the sum of money to the board within a specified time and, if the money is not paid within that time, his or her registration as a veterinary surgeon shall be suspended accordingly.\nSuspension pursuant to subsection (2) shall be in addition to and not in lieu of payment of the sum of money.\nWhere the board adjourns a matter for a period pursuant to subsection (1) (c) it shall reconsider the matter at the end of that period and, taking into consideration the conduct, demeanour and behaviour of the veterinary surgeon concerned during that period, proceed pursuant to subsection (1) (a) or (b) or take no further action.\nWhere the board deals with a veterinary surgeon pursuant to subsection (1) it may order the veterinary surgeon to pay to the board such costs as it thinks fit.\ns 22A ins 1973 No. 86 s 17\nsub 1986 No. 6 s 24\namd 1990 No. 65 s 23 : 2009 No. 24 s 839\n(sec.22A-ssec.1) Subject to section 22B , where the board is of the opinion that a veterinary surgeon has engaged in misconduct in a professional respect, it may, instead of referring the matter to the tribunal— order the veterinary surgeon to pay to the board by way of penalty a specified sum of money in no case exceeding 10 penalty units; or admonish or reprimand the veterinary surgeon; or adjourn the matter of dealing with the veterinary surgeon pursuant to paragraph (a) or (b) for a period not exceeding 12 months.\n(sec.22A-ssec.2) An order made pursuant to subsection (1) (a) may contain a direction that the registration of the veterinary surgeon concerned be suspended for a specified period if the veterinary surgeon fails to pay the sum of money to the board within a specified time and, if the money is not paid within that time, his or her registration as a veterinary surgeon shall be suspended accordingly.\n(sec.22A-ssec.2A) Suspension pursuant to subsection (2) shall be in addition to and not in lieu of payment of the sum of money.\n(sec.22A-ssec.3) Where the board adjourns a matter for a period pursuant to subsection (1) (c) it shall reconsider the matter at the end of that period and, taking into consideration the conduct, demeanour and behaviour of the veterinary surgeon concerned during that period, proceed pursuant to subsection (1) (a) or (b) or take no further action.\n(sec.22A-ssec.4) Where the board deals with a veterinary surgeon pursuant to subsection (1) it may order the veterinary surgeon to pay to the board such costs as it thinks fit.\n- (a) order the veterinary surgeon to pay to the board by way of penalty a specified sum of money in no case exceeding 10 penalty units; or\n- (b) admonish or reprimand the veterinary surgeon; or\n- (c) adjourn the matter of dealing with the veterinary surgeon pursuant to paragraph (a) or (b) for a period not exceeding 12 months.","sortOrder":70},{"sectionNumber":"sec.22B","sectionType":"section","heading":"Board to give notice of its intention to proceed pursuant to s 22A","content":"### sec.22B Board to give notice of its intention to proceed pursuant to s 22A\n\nBefore dealing with a veterinary surgeon pursuant to section 22A (1) the board shall give to the veterinary surgeon written notice of its intention so to do and shall state in the notice—\nthe misconduct in a professional respect in which, in the opinion of the board, the veterinary surgeon has engaged; and\nthat within the time specified in the notice, which time shall not be earlier than 14 days after the date of the notice, the veterinary surgeon may—\nmake written representations to the board concerning the alleged misconduct; or\nrequest the board to hear him or her in relation to the alleged misconduct; or\nrequire the board to refer the matter to the tribunal to hear and decide the alleged misconduct.\nWhere a veterinary surgeon requests the board to hear him or her in relation to the alleged misconduct the board shall advise the veterinary surgeon of a time and place at which the veterinary surgeon may appear before the board and the veterinary surgeon may at that time and place appear before the board and himself or herself make representations to it concerning the alleged misconduct.\nIn dealing with a veterinary surgeon pursuant to section 22A (1) , the board shall give due consideration and weight to any representations made by the veterinary surgeon concerned in relation to the alleged misconduct.\nIf the veterinary surgeon requires the board to refer the matter to the tribunal, the board must not act under section 22A in relation to the veterinary surgeon.\ns 22B ins 1973 No. 86 s 17\nsub 1986 No. 6 s 24\namd 2009 No. 24 s 840\n(sec.22B-ssec.1) Before dealing with a veterinary surgeon pursuant to section 22A (1) the board shall give to the veterinary surgeon written notice of its intention so to do and shall state in the notice— the misconduct in a professional respect in which, in the opinion of the board, the veterinary surgeon has engaged; and that within the time specified in the notice, which time shall not be earlier than 14 days after the date of the notice, the veterinary surgeon may— make written representations to the board concerning the alleged misconduct; or request the board to hear him or her in relation to the alleged misconduct; or require the board to refer the matter to the tribunal to hear and decide the alleged misconduct.\n(sec.22B-ssec.2) Where a veterinary surgeon requests the board to hear him or her in relation to the alleged misconduct the board shall advise the veterinary surgeon of a time and place at which the veterinary surgeon may appear before the board and the veterinary surgeon may at that time and place appear before the board and himself or herself make representations to it concerning the alleged misconduct.\n(sec.22B-ssec.3) In dealing with a veterinary surgeon pursuant to section 22A (1) , the board shall give due consideration and weight to any representations made by the veterinary surgeon concerned in relation to the alleged misconduct.\n(sec.22B-ssec.4) If the veterinary surgeon requires the board to refer the matter to the tribunal, the board must not act under section 22A in relation to the veterinary surgeon.\n- (a) the misconduct in a professional respect in which, in the opinion of the board, the veterinary surgeon has engaged; and\n- (b) that within the time specified in the notice, which time shall not be earlier than 14 days after the date of the notice, the veterinary surgeon may— (i) make written representations to the board concerning the alleged misconduct; or (ii) request the board to hear him or her in relation to the alleged misconduct; or (iii) require the board to refer the matter to the tribunal to hear and decide the alleged misconduct.\n- (i) make written representations to the board concerning the alleged misconduct; or\n- (ii) request the board to hear him or her in relation to the alleged misconduct; or\n- (iii) require the board to refer the matter to the tribunal to hear and decide the alleged misconduct.\n- (i) make written representations to the board concerning the alleged misconduct; or\n- (ii) request the board to hear him or her in relation to the alleged misconduct; or\n- (iii) require the board to refer the matter to the tribunal to hear and decide the alleged misconduct.","sortOrder":71},{"sectionNumber":"sec.22C","sectionType":"section","heading":"Board may apply to tribunal for an order to remove the name of a veterinary surgeon from the register","content":"### sec.22C Board may apply to tribunal for an order to remove the name of a veterinary surgeon from the register\n\nWhere a veterinary surgeon is convicted in Queensland or elsewhere of an offence, whether indictable or not, which in the opinion of the board renders the veterinary surgeon unfit to practise veterinary science the board may apply to the tribunal for an order that the name of the veterinary surgeon be removed from the register of veterinary surgeons.\nAn application made pursuant to this section shall contain or be accompanied by sufficient particulars to inform the tribunal and the veterinary surgeon concerned of the matter alleged in the application.\nWhere the tribunal is satisfied that the veterinary surgeon has been convicted of an offence, whether in Queensland or elsewhere and whether indictable or not, of such a nature that it renders the veterinary surgeon unfit to practise veterinary science the tribunal may order that the veterinary surgeon’s name be removed from the register of veterinary surgeons.\nIn proceedings brought pursuant to this section the tribunal shall have regard to the facts and circumstances surrounding the commission of the offence of which it is alleged that the veterinary surgeon concerned has been convicted and which are adduced in evidence before it.\ns 22C ins 1986 No. 6 s 25\namd 2001 No. 63 s 58 sch\n(sec.22C-ssec.1) Where a veterinary surgeon is convicted in Queensland or elsewhere of an offence, whether indictable or not, which in the opinion of the board renders the veterinary surgeon unfit to practise veterinary science the board may apply to the tribunal for an order that the name of the veterinary surgeon be removed from the register of veterinary surgeons.\n(sec.22C-ssec.2) An application made pursuant to this section shall contain or be accompanied by sufficient particulars to inform the tribunal and the veterinary surgeon concerned of the matter alleged in the application.\n(sec.22C-ssec.3) Where the tribunal is satisfied that the veterinary surgeon has been convicted of an offence, whether in Queensland or elsewhere and whether indictable or not, of such a nature that it renders the veterinary surgeon unfit to practise veterinary science the tribunal may order that the veterinary surgeon’s name be removed from the register of veterinary surgeons.\n(sec.22C-ssec.4) In proceedings brought pursuant to this section the tribunal shall have regard to the facts and circumstances surrounding the commission of the offence of which it is alleged that the veterinary surgeon concerned has been convicted and which are adduced in evidence before it.","sortOrder":72},{"sectionNumber":"sec.22D","sectionType":"section","heading":"Where veterinary surgeon medically unfit","content":"### sec.22D Where veterinary surgeon medically unfit\n\nIf it comes to the notice of the board, whether by reason of an investigation conducted by it or otherwise, that a veterinary surgeon may be medically unfit to practise veterinary science it may appoint a committee consisting of medical practitioners (the committee ) to decide whether or not the veterinary surgeon is medically fit to practise veterinary science.\nThe board may, by written notice given to the veterinary surgeon, require the veterinary surgeon to appear before the committee and on being so required the veterinary surgeon shall report to the committee at a time and place specified in the notice and shall submit himself or herself to examination by the committee and to such tests and other examinations as the committee may require.\nUpon completing its examination of the veterinary surgeon and considering the results of the tests and other examinations the committee shall report to the board on the veterinary surgeon’s medical fitness to practise veterinary science.\nWhere the veterinary surgeon fails to report to the committee or fails to submit himself or herself when and as required pursuant to subsection (2) , the committee shall report the veterinary surgeon’s failure to the board.\nWhere the committee’s report states that the veterinary surgeon is medically unfit to practise veterinary science or failed to report to it or failed to submit himself or herself to a test or examination when and as required pursuant to subsection (2) , the board may by notice in writing given to the veterinary surgeon call upon the veterinary surgeon to show cause before the tribunal at a time and place specified in the notice as to why the veterinary surgeon’s name should not be removed from the register of veterinary surgeons.\nIf at the time and place specified in the notice given under subsection (5) or at the time and place to which the proceedings to show cause are adjourned, the veterinary surgeon to whom the notice was given fails to appear or, having appeared, fails to show to the satisfaction of the tribunal that the veterinary surgeon is medically fit to practise veterinary science, the tribunal may order that the veterinary surgeon’s name be removed from the register of veterinary surgeons.\ns 22D ins 1986 No. 6 s 25\namd 2001 No. 7 s 302 sch 2 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch\n(sec.22D-ssec.1) If it comes to the notice of the board, whether by reason of an investigation conducted by it or otherwise, that a veterinary surgeon may be medically unfit to practise veterinary science it may appoint a committee consisting of medical practitioners (the committee ) to decide whether or not the veterinary surgeon is medically fit to practise veterinary science.\n(sec.22D-ssec.2) The board may, by written notice given to the veterinary surgeon, require the veterinary surgeon to appear before the committee and on being so required the veterinary surgeon shall report to the committee at a time and place specified in the notice and shall submit himself or herself to examination by the committee and to such tests and other examinations as the committee may require.\n(sec.22D-ssec.3) Upon completing its examination of the veterinary surgeon and considering the results of the tests and other examinations the committee shall report to the board on the veterinary surgeon’s medical fitness to practise veterinary science.\n(sec.22D-ssec.4) Where the veterinary surgeon fails to report to the committee or fails to submit himself or herself when and as required pursuant to subsection (2) , the committee shall report the veterinary surgeon’s failure to the board.\n(sec.22D-ssec.5) Where the committee’s report states that the veterinary surgeon is medically unfit to practise veterinary science or failed to report to it or failed to submit himself or herself to a test or examination when and as required pursuant to subsection (2) , the board may by notice in writing given to the veterinary surgeon call upon the veterinary surgeon to show cause before the tribunal at a time and place specified in the notice as to why the veterinary surgeon’s name should not be removed from the register of veterinary surgeons.\n(sec.22D-ssec.6) If at the time and place specified in the notice given under subsection (5) or at the time and place to which the proceedings to show cause are adjourned, the veterinary surgeon to whom the notice was given fails to appear or, having appeared, fails to show to the satisfaction of the tribunal that the veterinary surgeon is medically fit to practise veterinary science, the tribunal may order that the veterinary surgeon’s name be removed from the register of veterinary surgeons.","sortOrder":73},{"sectionNumber":"sec.22E","sectionType":"section","heading":"Orders of tribunal for misconduct in a professional respect","content":"### sec.22E Orders of tribunal for misconduct in a professional respect\n\nIf the tribunal decides a veterinary surgeon has engaged in misconduct in a professional respect, it may—\norder that the veterinary surgeon’s name be removed from the register of veterinary surgeons; or\norder that the veterinary surgeon’s registration as a veterinary surgeon be suspended for a specified period; or\norder that the veterinary surgeon pay to the board by way of penalty a specified sum of money in no case exceeding 40 penalty units; or\nadmonish or reprimand the veterinary surgeon.\nAn order made pursuant to subsection (1) (c) may contain a direction that the registration of the veterinary surgeon concerned be suspended for a specified period if the veterinary surgeon fails to pay the sum of money to the board within a specified time and, if the money is not paid within that time, the veterinary surgeon’s registration as a veterinary surgeon shall be suspended accordingly.\nSuspension pursuant to subsection (2) shall be in addition to and not in lieu of payment of the sum of money.\ns 22E ins 1986 No. 6 s 26\namd 1990 No. 65 s 23 ; 2009 No. 24 s 841\n(sec.22E-ssec.1) If the tribunal decides a veterinary surgeon has engaged in misconduct in a professional respect, it may— order that the veterinary surgeon’s name be removed from the register of veterinary surgeons; or order that the veterinary surgeon’s registration as a veterinary surgeon be suspended for a specified period; or order that the veterinary surgeon pay to the board by way of penalty a specified sum of money in no case exceeding 40 penalty units; or admonish or reprimand the veterinary surgeon.\n(sec.22E-ssec.2) An order made pursuant to subsection (1) (c) may contain a direction that the registration of the veterinary surgeon concerned be suspended for a specified period if the veterinary surgeon fails to pay the sum of money to the board within a specified time and, if the money is not paid within that time, the veterinary surgeon’s registration as a veterinary surgeon shall be suspended accordingly.\n(sec.22E-ssec.3) Suspension pursuant to subsection (2) shall be in addition to and not in lieu of payment of the sum of money.\n- (a) order that the veterinary surgeon’s name be removed from the register of veterinary surgeons; or\n- (b) order that the veterinary surgeon’s registration as a veterinary surgeon be suspended for a specified period; or\n- (c) order that the veterinary surgeon pay to the board by way of penalty a specified sum of money in no case exceeding 40 penalty units; or\n- (d) admonish or reprimand the veterinary surgeon.","sortOrder":74},{"sectionNumber":"sec.22F","sectionType":"section","heading":"Misconduct in a professional respect","content":"### sec.22F Misconduct in a professional respect\n\nWithout limiting the ways a veterinary surgeon may engage in misconduct in a professional respect, a veterinary surgeon is engaging in misconduct in a professional respect if the veterinary surgeon—\nis habitually drunk or is addicted to any deleterious drug; or\nconducts any veterinary premises or other place for the practice of veterinary science where the veterinary surgeon himself or herself is not in full-time attendance thereat, unless a veterinary surgeon employed by him or her is in full-time attendance thereat for the purpose of practice and supervision during the hours at which such premises are open for the practice of veterinary science, and the name of such veterinary surgeon employed by him or her is conspicuously posted up or indicated on the premises by means of a name plate or other device in letters of equal dimensions to those of the veterinary surgeon’s name; or\nsigns or gives in his or her professional capacity a certificate, notice, report or like document that is incomplete or is false or misleading in a material respect; or\ncontravenes or fails to comply with, or counsels, procures, aids or abets another person to contravene or fail to comply with, or does or omits to do any act for the purpose of enabling another person to contravene or fail to comply with, any Act or other law with respect to dangerous drugs whether or not the contravention or failure to comply is the subject of court proceedings; or\npractises fraud or deception in the practice of his or her profession; or\nis negligent or incompetent in the practice of his or her profession; or\nis convicted of an offence involving cruelty to an animal; or\nfails to keep the premises on which the veterinary surgeon practises his or her profession and all equipment contained therein in a clean and sanitary condition; or\nfails to keep such records as are prescribed or so far as are not prescribed as the board directs; or\nassaults, resists, obstructs or hinders or threatens or intimidates a member or deputy member of the board or any officer of the board, in the exercise of his or her powers under this Act; or\ndirects or allows a person who is not a veterinary surgeon to practise veterinary science in relation to an animal under the veterinary surgeon’s care; or\nholds out that a person who is not a veterinary surgeon may practise veterinary science; or\nconducts a veterinary practice at premises other than veterinary premises; or\ndoes not comply with a condition of an approval given under part 4A .\ns 22F ins 1986 No. 6 s 26\namd 1990 No. 65 s 12 ; 2001 No. 63 ss 51 , 58 sch ; 2009 No. 24 s 842\n- (a) is habitually drunk or is addicted to any deleterious drug; or\n- (b) conducts any veterinary premises or other place for the practice of veterinary science where the veterinary surgeon himself or herself is not in full-time attendance thereat, unless a veterinary surgeon employed by him or her is in full-time attendance thereat for the purpose of practice and supervision during the hours at which such premises are open for the practice of veterinary science, and the name of such veterinary surgeon employed by him or her is conspicuously posted up or indicated on the premises by means of a name plate or other device in letters of equal dimensions to those of the veterinary surgeon’s name; or\n- (c) signs or gives in his or her professional capacity a certificate, notice, report or like document that is incomplete or is false or misleading in a material respect; or\n- (d) contravenes or fails to comply with, or counsels, procures, aids or abets another person to contravene or fail to comply with, or does or omits to do any act for the purpose of enabling another person to contravene or fail to comply with, any Act or other law with respect to dangerous drugs whether or not the contravention or failure to comply is the subject of court proceedings; or\n- (e) practises fraud or deception in the practice of his or her profession; or\n- (f) is negligent or incompetent in the practice of his or her profession; or\n- (g) is convicted of an offence involving cruelty to an animal; or\n- (h) fails to keep the premises on which the veterinary surgeon practises his or her profession and all equipment contained therein in a clean and sanitary condition; or\n- (i) fails to keep such records as are prescribed or so far as are not prescribed as the board directs; or\n- (j) assaults, resists, obstructs or hinders or threatens or intimidates a member or deputy member of the board or any officer of the board, in the exercise of his or her powers under this Act; or\n- (k) directs or allows a person who is not a veterinary surgeon to practise veterinary science in relation to an animal under the veterinary surgeon’s care; or\n- (l) holds out that a person who is not a veterinary surgeon may practise veterinary science; or\n- (m) conducts a veterinary practice at premises other than veterinary premises; or\n- (n) does not comply with a condition of an approval given under part 4A .","sortOrder":75},{"sectionNumber":"sec.22FA","sectionType":"section","heading":"Board to notify interstate registering authorities of disciplinary action","content":"### sec.22FA Board to notify interstate registering authorities of disciplinary action\n\nIf, under section 22C , 22D or 22E , the tribunal makes an order about a veterinary surgeon, or admonishes or reprimands a veterinary surgeon, the board must give each registering authority of another State written notice of—\nthe order, admonishment or reprimand; and\nfor an order under section 22C or 22D —the grounds on which the order was made; and\nfor an order, admonishment or reprimand under section 22E —the details of the misconduct for which the order, admonishment or reprimand was made or given.\nIf the board takes action under section 22A (1) (a) or (b) in relation to a veterinary surgeon, the board must give each registering authority of another State written notice of—\nthe action; and\nthe details of the misconduct for which the action was taken.\nA notice under subsection (1) or (2) must be given as soon as practicable after the order, admonishment or reprimand was made or given or the action was taken.\ns 22FA ins 2013 No. 41 s 91\n(sec.22FA-ssec.1) If, under section 22C , 22D or 22E , the tribunal makes an order about a veterinary surgeon, or admonishes or reprimands a veterinary surgeon, the board must give each registering authority of another State written notice of— the order, admonishment or reprimand; and for an order under section 22C or 22D —the grounds on which the order was made; and for an order, admonishment or reprimand under section 22E —the details of the misconduct for which the order, admonishment or reprimand was made or given.\n(sec.22FA-ssec.2) If the board takes action under section 22A (1) (a) or (b) in relation to a veterinary surgeon, the board must give each registering authority of another State written notice of— the action; and the details of the misconduct for which the action was taken.\n(sec.22FA-ssec.3) A notice under subsection (1) or (2) must be given as soon as practicable after the order, admonishment or reprimand was made or given or the action was taken.\n- (a) the order, admonishment or reprimand; and\n- (b) for an order under section 22C or 22D —the grounds on which the order was made; and\n- (c) for an order, admonishment or reprimand under section 22E —the details of the misconduct for which the order, admonishment or reprimand was made or given.\n- (a) the action; and\n- (b) the details of the misconduct for which the action was taken.","sortOrder":76},{"sectionNumber":"sec.22G","sectionType":"section","heading":null,"content":"### Section sec.22G\n\ns 22G ins 1986 No. 6 s 27\namd 2006 No. 48 s 33 sch\nom 2009 No. 24 s 843","sortOrder":77},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":78},{"sectionNumber":"sec.22H","sectionType":"section","heading":"Review of particular decisions","content":"### sec.22H Review of particular decisions\n\nEach of the following persons may apply, as provided under the QCAT Act , to the tribunal for a review of the decision stated for the person—\na person whose application to be registered as a veterinary surgeon is refused by the board, on any ground other than that the person does not possess the academic qualifications required to be registered as a veterinary surgeon;\na person whose application for approval to use premises as veterinary premises has been granted subject to a condition under section 25D , other than a condition mentioned in section 25G (2) ;\na person whose application for approval to use premises as veterinary premises has been refused under section 25E ;\na person whose approval to use premises as veterinary premises has been amended, suspended or cancelled under section 25J (3) .\ns 22H ins 1986 No. 6 s 27\namd 2001 No. 63 s 53 ; 2006 No. 48 s 33 sch\nsub 2009 No. 24 s 844\n- (a) a person whose application to be registered as a veterinary surgeon is refused by the board, on any ground other than that the person does not possess the academic qualifications required to be registered as a veterinary surgeon;\n- (b) a person whose application for approval to use premises as veterinary premises has been granted subject to a condition under section 25D , other than a condition mentioned in section 25G (2) ;\n- (c) a person whose application for approval to use premises as veterinary premises has been refused under section 25E ;\n- (d) a person whose approval to use premises as veterinary premises has been amended, suspended or cancelled under section 25J (3) .","sortOrder":79},{"sectionNumber":"sec.23","sectionType":"section","heading":"Surrender of certificate","content":"### sec.23 Surrender of certificate\n\nA person whose name has been removed from a register under section 21 (1) (a) , (b) or (c) or whose registration as a veterinary surgeon has been suspended must, within 14 days from the date of receipt by that person of the notification of removal or suspension, surrender to the board every certificate of registration issued to the person under this Act.\nMaximum penalty—10 penalty units.\nA person whose name has been removed from the register of veterinary surgeons under section 21 (1) (d) must, if asked in writing by the board, and within 14 days after receiving the request, give to the board each certificate of registration issued to the person under this Act.\nMaximum penalty—10 penalty units.\nA requirement under this section does not apply to a person for a certificate of registration if the board is satisfied, on evidence satisfactory to the board, that the certificate has been lost or destroyed.\ns 23 sub 1973 No. 86 s 18\namd 1986 No. 6 s 28 ; 2006 No. 48 s 43\n(sec.23-ssec.1) A person whose name has been removed from a register under section 21 (1) (a) , (b) or (c) or whose registration as a veterinary surgeon has been suspended must, within 14 days from the date of receipt by that person of the notification of removal or suspension, surrender to the board every certificate of registration issued to the person under this Act. Maximum penalty—10 penalty units.\n(sec.23-ssec.2) A person whose name has been removed from the register of veterinary surgeons under section 21 (1) (d) must, if asked in writing by the board, and within 14 days after receiving the request, give to the board each certificate of registration issued to the person under this Act. Maximum penalty—10 penalty units.\n(sec.23-ssec.3) A requirement under this section does not apply to a person for a certificate of registration if the board is satisfied, on evidence satisfactory to the board, that the certificate has been lost or destroyed.","sortOrder":80},{"sectionNumber":"sec.24","sectionType":"section","heading":"Restoration of name","content":"### sec.24 Restoration of name\n\nWhere the board removes the name of any person from a register kept pursuant to this Act, the name of that person shall not be again entered on the register except by direction of the board or by order of the tribunal.\nThe board may if it thinks fit in any case restore to a register kept pursuant to this Act any name removed therefrom by order of the tribunal without payment of fee or on payment of such fee, not exceeding the registration fee, as the board may direct.\ns 24 amd 1973 No. 86 s 19 ; 1986 No. 6 s 29 ; 2009 No. 24 s 845\n(sec.24-ssec.1) Where the board removes the name of any person from a register kept pursuant to this Act, the name of that person shall not be again entered on the register except by direction of the board or by order of the tribunal.\n(sec.24-ssec.2) The board may if it thinks fit in any case restore to a register kept pursuant to this Act any name removed therefrom by order of the tribunal without payment of fee or on payment of such fee, not exceeding the registration fee, as the board may direct.","sortOrder":81},{"sectionNumber":"sec.24A","sectionType":"section","heading":null,"content":"### Section sec.24A\n\ns 24A ins 2001 No. 63 s 54\nom 2003 No. 59 s 103 sch 1","sortOrder":82},{"sectionNumber":"pt.4A","sectionType":"part","heading":"Approvals to use premises as veterinary premises","content":"# Approvals to use premises as veterinary premises","sortOrder":83},{"sectionNumber":"pt.4A-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":84},{"sectionNumber":"sec.25","sectionType":"section","heading":"Definition for pt 4A","content":"### sec.25 Definition for pt 4A\n\nIn this part—\ndisqualifying offence means any of the following offences, for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has not expired or been revived—\nan indictable offence, whether dealt with on indictment or summarily;\nan offence against this Act;\nan offence against the Animals Protection Act 1925 relating to the care or protection of animals or an animal welfare offence within the meaning of the Animal Care and Protection Act 2001 ;\nThe Animals Protection Act 1925 was repealed by 2001 No. 64 s 219 , now see Animal Care and Protection Act 2001 .\nan offence against a law of the Commonwealth or another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an offence mentioned in paragraph (c) ;\nan offence relating to obtaining, administering, dispensing, prescribing or selling a drug or poison as prescribed under a regulation.\ns 25 def disqualifying offence amd 2002 No. 49 s 37 sch\ninformation notice ...\ns 25 def information notice om 2009 No. 24 s 846 (2)\ns 25 amd 1946 10 Geo 6 No. 52 s 3\nsub 1973 No. 86 s 20\namd 1986 No. 6 s 30 ; 1990 No. 65 ss 13 , 23 ; 1994 No. 15 s 3 sch 1\nsub 2001 No. 63 s 55\namd 2009 No. 24 s 846 (1)\n- (a) an indictable offence, whether dealt with on indictment or summarily;\n- (b) an offence against this Act;\n- (c) an offence against the Animals Protection Act 1925 relating to the care or protection of animals or an animal welfare offence within the meaning of the Animal Care and Protection Act 2001 ; Editor’s note— The Animals Protection Act 1925 was repealed by 2001 No. 64 s 219 , now see Animal Care and Protection Act 2001 .\n- (d) an offence against a law of the Commonwealth or another State if the act or omission that constitutes the offence would, if it happens in Queensland, be an offence mentioned in paragraph (c) ;\n- (e) an offence relating to obtaining, administering, dispensing, prescribing or selling a drug or poison as prescribed under a regulation.","sortOrder":85},{"sectionNumber":"pt.4A-div.2","sectionType":"division","heading":"Obtaining approvals","content":"## Obtaining approvals","sortOrder":86},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Applying for approval","content":"### sec.25A Applying for approval\n\nA person may apply to the board for approval to use premises as veterinary premises.\nThe application must be—\nin the approved form; and\nsupported by enough information to enable the board to decide the application; and\naccompanied by the fee prescribed under a regulation.\ns 25A ins 1973 No. 86 s 21\namd 1990 No. 65 s 14\nsub 2001 No. 63 s 55\n(sec.25A-ssec.1) A person may apply to the board for approval to use premises as veterinary premises.\n(sec.25A-ssec.2) The application must be— in the approved form; and supported by enough information to enable the board to decide the application; and accompanied by the fee prescribed under a regulation.\n- (a) in the approved form; and\n- (b) supported by enough information to enable the board to decide the application; and\n- (c) accompanied by the fee prescribed under a regulation.","sortOrder":87},{"sectionNumber":"sec.25B","sectionType":"section","heading":"Additional information for application","content":"### sec.25B Additional information for application\n\nThe board may, by written notice given to the applicant, require the applicant to—\ngive the board a stated document or information relevant to the application; or\nallow a member or officer of the board to inspect the premises, including, for example, fittings and equipment at the premises.\ns 25B ins 2001 No. 63 s 55\n- (a) give the board a stated document or information relevant to the application; or\n- (b) allow a member or officer of the board to inspect the premises, including, for example, fittings and equipment at the premises.","sortOrder":88},{"sectionNumber":"sec.25C","sectionType":"section","heading":"Deciding application","content":"### sec.25C Deciding application\n\nThe board must consider the application and either grant or refuse it within 28 days after the last of the following events to happen—\nthe board receives the application;\nthe board receives all necessary information to decide the application;\nif, under section 25B (a) , the board requires a document or information—the board receives the document or information;\nif, under section 25B (b) , the board requires premises to be inspected—the premises are inspected under that section.\ns 25C ins 2001 No. 63 s 55\n- (a) the board receives the application;\n- (b) the board receives all necessary information to decide the application;\n- (c) if, under section 25B (a) , the board requires a document or information—the board receives the document or information;\n- (d) if, under section 25B (b) , the board requires premises to be inspected—the premises are inspected under that section.","sortOrder":89},{"sectionNumber":"sec.25D","sectionType":"section","heading":"Grant of application","content":"### sec.25D Grant of application\n\nIf the board decides to grant the application, it must, within 14 days after making the decision, give the applicant—\nthe approval; and\nif the board decides to impose conditions on the approval, other than a condition mentioned in section 25G (2) —an information notice.\ns 25D ins 2001 No. 63 s 55\n- (a) the approval; and\n- (b) if the board decides to impose conditions on the approval, other than a condition mentioned in section 25G (2) —an information notice.","sortOrder":90},{"sectionNumber":"sec.25E","sectionType":"section","heading":"Refusal of application","content":"### sec.25E Refusal of application\n\nIf the board decides to refuse the application, it must, within 14 days after making the decision, give the applicant an information notice.\ns 25E ins 2001 No. 63 s 55","sortOrder":91},{"sectionNumber":"sec.25F","sectionType":"section","heading":"Criteria for decision","content":"### sec.25F Criteria for decision\n\nThe board may refuse to grant the application only if satisfied—\nthe premises are not suitable for use as veterinary premises having regard to the standards prescribed or decided under section 29A for conducting veterinary premises; or\nA copy of the standards is available on the board’s website.\na veterinary surgeon will not be practising veterinary science at the premises; or\nif the applicant is an individual—the applicant has been convicted of a disqualifying offence; or\nif the applicant is a corporation—any of the corporation’s executive officers has been convicted of a disqualifying offence.\ns 25F ins 2001 No. 63 s 55\namd 2006 No. 48 s 33 sch ; 2024 No. 17 s 190\n- (a) the premises are not suitable for use as veterinary premises having regard to the standards prescribed or decided under section 29A for conducting veterinary premises; or Note— A copy of the standards is available on the board’s website.\n- (b) a veterinary surgeon will not be practising veterinary science at the premises; or\n- (c) if the applicant is an individual—the applicant has been convicted of a disqualifying offence; or\n- (d) if the applicant is a corporation—any of the corporation’s executive officers has been convicted of a disqualifying offence.","sortOrder":92},{"sectionNumber":"pt.4A-div.3","sectionType":"division","heading":"Conditions","content":"## Conditions","sortOrder":93},{"sectionNumber":"sec.25G","sectionType":"section","heading":"Conditions of approvals","content":"### sec.25G Conditions of approvals\n\nThe board may impose on the approval the reasonable conditions the board decides, including, for example, conditions about the following—\nthe equipment used or intended to be used at the premises;\nhygiene practices, or the safe storage of drugs, at the premises;\nthe qualifications or skills required of a person working at the premises;\nthe number of staff employed at the premises;\nthe branches of veterinary science that may be practised at the premises.\nWithout limiting subsection (1) , the approval must state that the approval holder must allow a member or officer of the board to enter the premises stated in the approval to inspect the premises, including, for example, fittings, equipment or records at the premises, for compliance with the conditions of the approval.\nHowever, the member or officer may enter the premises only when the premises are open for carrying on business or otherwise open for entry.\ns 25G ins 2001 No. 63 s 55\n(sec.25G-ssec.1) The board may impose on the approval the reasonable conditions the board decides, including, for example, conditions about the following— the equipment used or intended to be used at the premises; hygiene practices, or the safe storage of drugs, at the premises; the qualifications or skills required of a person working at the premises; the number of staff employed at the premises; the branches of veterinary science that may be practised at the premises.\n(sec.25G-ssec.2) Without limiting subsection (1) , the approval must state that the approval holder must allow a member or officer of the board to enter the premises stated in the approval to inspect the premises, including, for example, fittings, equipment or records at the premises, for compliance with the conditions of the approval.\n(sec.25G-ssec.3) However, the member or officer may enter the premises only when the premises are open for carrying on business or otherwise open for entry.\n- (a) the equipment used or intended to be used at the premises;\n- (b) hygiene practices, or the safe storage of drugs, at the premises;\n- (c) the qualifications or skills required of a person working at the premises;\n- (d) the number of staff employed at the premises;\n- (e) the branches of veterinary science that may be practised at the premises.","sortOrder":94},{"sectionNumber":"pt.4A-div.4","sectionType":"division","heading":"Amendment, suspension or cancellation of approvals","content":"## Amendment, suspension or cancellation of approvals","sortOrder":95},{"sectionNumber":"sec.25H","sectionType":"section","heading":"Amendment—grounds","content":"### sec.25H Amendment—grounds\n\nThe board may amend an approval, including, for example, by adding a further condition to the approval—\nwith the written agreement of the approval holder; or\nif the board believes the amendment is necessary or desirable to ensure the premises under the approval are suitable for use as veterinary premises and section 25J has been complied with.\ns 25H ins 2001 No. 63 s 55\n- (a) with the written agreement of the approval holder; or\n- (b) if the board believes the amendment is necessary or desirable to ensure the premises under the approval are suitable for use as veterinary premises and section 25J has been complied with.","sortOrder":96},{"sectionNumber":"sec.25I","sectionType":"section","heading":"Suspension or cancellation—grounds","content":"### sec.25I Suspension or cancellation—grounds\n\nThe board may suspend or cancel the approval if it believes on reasonable grounds—\nthe approval was granted because of a materially false or misleading representation or document, made either orally or in writing; or\nthe premises are not suitable for use as veterinary premises having regard to the standards prescribed or decided under section 29A for conducting veterinary premises; or\na veterinary surgeon does not practise veterinary science at the premises; or\nthe holder of the approval has not complied with a condition of the approval; or\nif—\nthe holder is an individual—the holder has committed, or is committing, a disqualifying offence; or\nthe holder is a corporation—any of the corporation’s executive officers has committed, or is committing, a disqualifying offence.\ns 25I ins 2001 No. 63 s 55\namd 2006 No. 48 s 33 sch\n- (a) the approval was granted because of a materially false or misleading representation or document, made either orally or in writing; or\n- (b) the premises are not suitable for use as veterinary premises having regard to the standards prescribed or decided under section 29A for conducting veterinary premises; or\n- (c) a veterinary surgeon does not practise veterinary science at the premises; or\n- (d) the holder of the approval has not complied with a condition of the approval; or\n- (e) if— (i) the holder is an individual—the holder has committed, or is committing, a disqualifying offence; or (ii) the holder is a corporation—any of the corporation’s executive officers has committed, or is committing, a disqualifying offence.\n- (i) the holder is an individual—the holder has committed, or is committing, a disqualifying offence; or\n- (ii) the holder is a corporation—any of the corporation’s executive officers has committed, or is committing, a disqualifying offence.\n- (i) the holder is an individual—the holder has committed, or is committing, a disqualifying offence; or\n- (ii) the holder is a corporation—any of the corporation’s executive officers has committed, or is committing, a disqualifying offence.","sortOrder":97},{"sectionNumber":"sec.25J","sectionType":"section","heading":"Amendment, suspension or cancellation—procedure","content":"### sec.25J Amendment, suspension or cancellation—procedure\n\nIf the board proposes to amend, suspend or cancel an approval, the board must give the approval holder a written notice stating each of the following—\nthe action (the proposed action ) the board proposes taking under this section;\nthe grounds for the proposed action;\nthe facts and circumstances that are the basis for the grounds;\nif the proposed action is to amend the approval—the proposed amendment;\nif the proposed action is suspension of the approval—the suspension period;\nthat the holder may make, within a stated period, written representations to show why the proposed action should not be taken.\nThe stated period must end at least 28 days after the holder is given the notice.\nIf, after considering all representations made within the stated period, the board still believes a ground exists to take the proposed action, the board may—\nif the proposed action is to amend the approval—amend the approval; or\nif the proposed action is to suspend the approval for a stated period—suspend the approval for no longer than the proposed suspension period; or\nif the proposed action is to cancel the approval—cancel the approval or suspend it for a period.\nThis section does not apply if the approval is amended under section 25H (a) .\ns 25J ins 2001 No. 63 s 55\n(sec.25J-ssec.1) If the board proposes to amend, suspend or cancel an approval, the board must give the approval holder a written notice stating each of the following— the action (the proposed action ) the board proposes taking under this section; the grounds for the proposed action; the facts and circumstances that are the basis for the grounds; if the proposed action is to amend the approval—the proposed amendment; if the proposed action is suspension of the approval—the suspension period; that the holder may make, within a stated period, written representations to show why the proposed action should not be taken.\n(sec.25J-ssec.2) The stated period must end at least 28 days after the holder is given the notice.\n(sec.25J-ssec.3) If, after considering all representations made within the stated period, the board still believes a ground exists to take the proposed action, the board may— if the proposed action is to amend the approval—amend the approval; or if the proposed action is to suspend the approval for a stated period—suspend the approval for no longer than the proposed suspension period; or if the proposed action is to cancel the approval—cancel the approval or suspend it for a period.\n(sec.25J-ssec.4) This section does not apply if the approval is amended under section 25H (a) .\n- (a) the action (the proposed action ) the board proposes taking under this section;\n- (b) the grounds for the proposed action;\n- (c) the facts and circumstances that are the basis for the grounds;\n- (d) if the proposed action is to amend the approval—the proposed amendment;\n- (e) if the proposed action is suspension of the approval—the suspension period;\n- (f) that the holder may make, within a stated period, written representations to show why the proposed action should not be taken.\n- (a) if the proposed action is to amend the approval—amend the approval; or\n- (b) if the proposed action is to suspend the approval for a stated period—suspend the approval for no longer than the proposed suspension period; or\n- (c) if the proposed action is to cancel the approval—cancel the approval or suspend it for a period.","sortOrder":98},{"sectionNumber":"sec.25K","sectionType":"section","heading":"Notice of amendment, suspension or cancellation","content":"### sec.25K Notice of amendment, suspension or cancellation\n\nThe board must, as soon as practicable after making a decision under section 25J (3) , give the approval holder an information notice.\nThe decision takes effect on—\nthe day the notice is given; or\nif a later day is stated in the notice—the stated day.\ns 25K ins 2001 No. 63 s 55\n(sec.25K-ssec.1) The board must, as soon as practicable after making a decision under section 25J (3) , give the approval holder an information notice.\n(sec.25K-ssec.2) The decision takes effect on— the day the notice is given; or if a later day is stated in the notice—the stated day.\n- (a) the day the notice is given; or\n- (b) if a later day is stated in the notice—the stated day.","sortOrder":99},{"sectionNumber":"pt.4B","sectionType":"part","heading":"Offence provisions","content":"# Offence provisions","sortOrder":100},{"sectionNumber":"sec.25L","sectionType":"section","heading":"Conducting veterinary practice","content":"### sec.25L Conducting veterinary practice\n\nA person must not conduct a veterinary practice other than at veterinary premises.\nMaximum penalty—40 penalty units.\ns 25L ins 2001 No. 63 s 55","sortOrder":101},{"sectionNumber":"sec.25M","sectionType":"section","heading":"Persons who must not practise veterinary science","content":"### sec.25M Persons who must not practise veterinary science\n\nA person who is not a veterinary surgeon must not practise veterinary science.\nMaximum penalty—40 penalty units.\nHowever, a person does not commit an offence against subsection (1) if—\nthe person practises veterinary science other than for fee or reward; or\nthe person—\nis undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and\npractises veterinary science under the supervision of a veterinary surgeon.\ns 25M ins 2001 No. 63 s 55\n(sec.25M-ssec.1) A person who is not a veterinary surgeon must not practise veterinary science. Maximum penalty—40 penalty units.\n(sec.25M-ssec.2) However, a person does not commit an offence against subsection (1) if— the person practises veterinary science other than for fee or reward; or the person— is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and practises veterinary science under the supervision of a veterinary surgeon.\n- (a) the person practises veterinary science other than for fee or reward; or\n- (b) the person— (i) is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and (ii) practises veterinary science under the supervision of a veterinary surgeon.\n- (i) is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and\n- (ii) practises veterinary science under the supervision of a veterinary surgeon.\n- (i) is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and\n- (ii) practises veterinary science under the supervision of a veterinary surgeon.","sortOrder":102},{"sectionNumber":"sec.25N","sectionType":"section","heading":"Allowing or directing person who is not a veterinary surgeon to practise veterinary science","content":"### sec.25N Allowing or directing person who is not a veterinary surgeon to practise veterinary science\n\nA veterinary surgeon must not allow or direct another person who is not a veterinary surgeon to practise veterinary science in relation to an animal under the veterinary surgeon’s care.\nMaximum penalty—40 penalty units.\nHowever, a veterinary surgeon does not commit an offence against subsection (1) if—\nthe other person is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and\nin practising veterinary science in relation to the animal, the other person acts under the supervision of the veterinary surgeon.\ns 25N ins 2001 No. 63 s 55\n(sec.25N-ssec.1) A veterinary surgeon must not allow or direct another person who is not a veterinary surgeon to practise veterinary science in relation to an animal under the veterinary surgeon’s care. Maximum penalty—40 penalty units.\n(sec.25N-ssec.2) However, a veterinary surgeon does not commit an offence against subsection (1) if— the other person is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and in practising veterinary science in relation to the animal, the other person acts under the supervision of the veterinary surgeon.\n- (a) the other person is undertaking a course of study, or a qualifying examination, in veterinary science approved by the board; and\n- (b) in practising veterinary science in relation to the animal, the other person acts under the supervision of the veterinary surgeon.","sortOrder":103},{"sectionNumber":"sec.25O","sectionType":"section","heading":"Directing veterinary surgeon to practise veterinary science","content":"### sec.25O Directing veterinary surgeon to practise veterinary science\n\nA person in control of veterinary premises must not direct a veterinary surgeon to practise veterinary science in a way that would constitute misconduct in a professional respect.\nMaximum penalty—40 penalty units.\ns 25O ins 2001 No. 63 s 55\namd 2009 No. 24 s 847","sortOrder":104},{"sectionNumber":"sec.25P","sectionType":"section","heading":"Claims about being a veterinary surgeon","content":"### sec.25P Claims about being a veterinary surgeon\n\nA person who is not a veterinary surgeon must not—\nclaim, or hold himself or herself out, to be a veterinary surgeon; or\nallow himself or herself to be held out as a veterinary surgeon.\nMaximum penalty—40 penalty units.\nA person must not hold out another person as a veterinary surgeon if the person knows or ought reasonably to know the other person is not a veterinary surgeon.\nMaximum penalty—40 penalty units.\ns 25P ins 2001 No. 63 s 55\n(sec.25P-ssec.1) A person who is not a veterinary surgeon must not— claim, or hold himself or herself out, to be a veterinary surgeon; or allow himself or herself to be held out as a veterinary surgeon. Maximum penalty—40 penalty units.\n(sec.25P-ssec.2) A person must not hold out another person as a veterinary surgeon if the person knows or ought reasonably to know the other person is not a veterinary surgeon. Maximum penalty—40 penalty units.\n- (a) claim, or hold himself or herself out, to be a veterinary surgeon; or\n- (b) allow himself or herself to be held out as a veterinary surgeon.","sortOrder":105},{"sectionNumber":"sec.25Q","sectionType":"section","heading":"Using titles etc.","content":"### sec.25Q Using titles etc.\n\nA person who is not a veterinary surgeon must not use—\na title that consists of, or includes, the words ‘veterinary surgeon’ or an abbreviation of the words; or\nanother title, name, initial or word suggesting, in the context in which it is used, that the person is a veterinary surgeon or is practising veterinary science.\nMaximum penalty—40 penalty units.\nA person who is not a veterinary specialist must not use—\na title that consists of, or includes, the words ‘veterinary specialist’ or an abbreviation of the words; or\nanother title, name, initial or word suggesting, in the context in which it is used, that the person is a veterinary specialist.\nMaximum penalty—40 penalty units.\ns 25Q ins 2001 No. 63 s 55\namd 2006 No. 48 s 44\n(sec.25Q-ssec.1) A person who is not a veterinary surgeon must not use— a title that consists of, or includes, the words ‘veterinary surgeon’ or an abbreviation of the words; or another title, name, initial or word suggesting, in the context in which it is used, that the person is a veterinary surgeon or is practising veterinary science. Maximum penalty—40 penalty units.\n(sec.25Q-ssec.2) A person who is not a veterinary specialist must not use— a title that consists of, or includes, the words ‘veterinary specialist’ or an abbreviation of the words; or another title, name, initial or word suggesting, in the context in which it is used, that the person is a veterinary specialist. Maximum penalty—40 penalty units.\n- (a) a title that consists of, or includes, the words ‘veterinary surgeon’ or an abbreviation of the words; or\n- (b) another title, name, initial or word suggesting, in the context in which it is used, that the person is a veterinary surgeon or is practising veterinary science.\n- (a) a title that consists of, or includes, the words ‘veterinary specialist’ or an abbreviation of the words; or\n- (b) another title, name, initial or word suggesting, in the context in which it is used, that the person is a veterinary specialist.","sortOrder":106},{"sectionNumber":"sec.26","sectionType":"section","heading":"Notice about change in contact information","content":"### sec.26 Notice about change in contact information\n\nIf a veterinary surgeon’s contact information changes, the veterinary surgeon must, within 21 days after the change, give the board written notice of the change unless the veterinary surgeon has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIn this section—\nveterinary surgeon does not include a veterinary practitioner.\ns 26 prev s 26 amd 1986 No. 6 s 31 ; 1990 No. 65 s 15\nom 2001 No. 63 s 55\npres s 26 ins 2013 No. 41 s 92\n(sec.26-ssec.1) If a veterinary surgeon’s contact information changes, the veterinary surgeon must, within 21 days after the change, give the board written notice of the change unless the veterinary surgeon has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.26-ssec.2) In this section— veterinary surgeon does not include a veterinary practitioner.","sortOrder":107},{"sectionNumber":"sec.27","sectionType":"section","heading":"Veterinary surgeon to provide emergency contact details","content":"### sec.27 Veterinary surgeon to provide emergency contact details\n\nIf the registrar does not have the emergency contact details for a veterinary surgeon, the registrar may, by written notice given to the veterinary surgeon, ask the veterinary surgeon to give the registrar the emergency contact details.\nA veterinary surgeon must comply with a notice given under subsection (1) within 21 days after receiving it, unless the veterinary surgeon has a reasonable excuse.\nMaximum penalty—10 penalty units.\nIn this section—\nveterinary surgeon does not include a veterinary practitioner.\ns 27 prev s 27 om 2001 No. 63 s 55\npres s 27 ins 2013 No. 41 s 92\n(sec.27-ssec.1) If the registrar does not have the emergency contact details for a veterinary surgeon, the registrar may, by written notice given to the veterinary surgeon, ask the veterinary surgeon to give the registrar the emergency contact details.\n(sec.27-ssec.2) A veterinary surgeon must comply with a notice given under subsection (1) within 21 days after receiving it, unless the veterinary surgeon has a reasonable excuse. Maximum penalty—10 penalty units.\n(sec.27-ssec.3) In this section— veterinary surgeon does not include a veterinary practitioner.","sortOrder":108},{"sectionNumber":"sec.28","sectionType":"section","heading":null,"content":"### Section sec.28\n\ns 28 amd 1973 No. 86 s 22\nsub 1986 No. 6 s 32\namd 1990 No. 65 s 16\nom 2009 No. 24 s 848","sortOrder":109},{"sectionNumber":"sec.29","sectionType":"section","heading":null,"content":"### Section sec.29\n\ns 29 amd 1973 No. 86 s 23\nsub 1986 No. 6 s 33\nom 2006 No. 48 s 45","sortOrder":110},{"sectionNumber":"pt.5","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":111},{"sectionNumber":"sec.29A","sectionType":"section","heading":"Control of veterinary premises","content":"### sec.29A Control of veterinary premises\n\nVeterinary premises shall be equipped, controlled, managed and operated in such manner as is prescribed or so far as not prescribed as the board decides.\ns 29A ins 1973 No. 86 s 24\namd 1990 No. 65 s 17 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch","sortOrder":112},{"sectionNumber":"sec.29B","sectionType":"section","heading":"Allowances and expenses","content":"### sec.29B Allowances and expenses\n\nSubject to subsection (2) , each member of the board shall be paid such fees and allowances as the Governor in Council approves from time to time.\nA member who is a public service officer must not be paid a fee or allowance if the officer acts as a member during the officer’s ordinary hours of duty as a public service officer.\nEach member of the board shall be paid such expenses as are necessarily incurred by the member in the discharge of his or her duties as a member and as the Minister approves.\ns 29B ins 1986 No. 6 s 34\namd 2009 No. 24 s 849\n(sec.29B-ssec.1) Subject to subsection (2) , each member of the board shall be paid such fees and allowances as the Governor in Council approves from time to time.\n(sec.29B-ssec.2) A member who is a public service officer must not be paid a fee or allowance if the officer acts as a member during the officer’s ordinary hours of duty as a public service officer.\n(sec.29B-ssec.3) Each member of the board shall be paid such expenses as are necessarily incurred by the member in the discharge of his or her duties as a member and as the Minister approves.","sortOrder":113},{"sectionNumber":"sec.29C","sectionType":"section","heading":"Registrar must give emergency contact details to chief executive","content":"### sec.29C Registrar must give emergency contact details to chief executive\n\nThis section applies if the chief executive, or a chief executive of a public sector unit prescribed under a regulation (a prescribed chief executive ), considers it is necessary to contact a veterinary surgeon to give the veterinary surgeon information about controlling, eradicating or preventing the spread of—\nprohibited matter or restricted matter under the Biosecurity Act 2014 ; or\nSee the Biosecurity Act 2014 , schedule 1 or schedule 2 .\nSee also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\nbiosecurity matter the subject of a biosecurity emergency order under the Biosecurity Act 2014 ; or\ncontrolled biosecurity matter under the Biosecurity Act 2014 .\nThe chief executive or a prescribed chief executive may ask the registrar to give the chief executive or prescribed chief executive the emergency contact details for the veterinary surgeon.\nThe registrar must comply with the request.\nThe chief executive or prescribed chief executive may only use the emergency contact details for a veterinary surgeon for a purpose mentioned in subsection (1) .\nIn this section—\nveterinary surgeon does not include a veterinary practitioner.\ns 29C ins 2013 No. 41 s 93\namd 2014 No. 7 s 578 s ch 4 pt 2\n(sec.29C-ssec.1) This section applies if the chief executive, or a chief executive of a public sector unit prescribed under a regulation (a prescribed chief executive ), considers it is necessary to contact a veterinary surgeon to give the veterinary surgeon information about controlling, eradicating or preventing the spread of— prohibited matter or restricted matter under the Biosecurity Act 2014 ; or See the Biosecurity Act 2014 , schedule 1 or schedule 2 . See also the note to the Biosecurity Act 2014 , schedules 1 and 2 . biosecurity matter the subject of a biosecurity emergency order under the Biosecurity Act 2014 ; or controlled biosecurity matter under the Biosecurity Act 2014 .\n(sec.29C-ssec.2) The chief executive or a prescribed chief executive may ask the registrar to give the chief executive or prescribed chief executive the emergency contact details for the veterinary surgeon.\n(sec.29C-ssec.3) The registrar must comply with the request.\n(sec.29C-ssec.4) The chief executive or prescribed chief executive may only use the emergency contact details for a veterinary surgeon for a purpose mentioned in subsection (1) .\n(sec.29C-ssec.5) In this section— veterinary surgeon does not include a veterinary practitioner.\n- (a) prohibited matter or restricted matter under the Biosecurity Act 2014 ; or Notes— 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 . 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .\n- (b) biosecurity matter the subject of a biosecurity emergency order under the Biosecurity Act 2014 ; or\n- (c) controlled biosecurity matter under the Biosecurity Act 2014 .\n- 1 See the Biosecurity Act 2014 , schedule 1 or schedule 2 .\n- 2 See also the note to the Biosecurity Act 2014 , schedules 1 and 2 .","sortOrder":114},{"sectionNumber":"sec.30","sectionType":"section","heading":"Penalty for forging registration","content":"### sec.30 Penalty for forging registration\n\nAny person who wilfully makes or causes to be made any false entry in or falsification of the register, and any person who wilfully procures or attempts to procure himself, herself or any other person to be registered under this Act by making or producing, or causing to be made or produced, any false or fraudulent representation or declaration, either verbally or in writing, and any person aiding or assisting therein, is guilty of an offence punishable, on conviction, by a penalty of 20 penalty units.\ns 30 amd 1973 No. 86 s 25 ; 1990 No. 65 ss 18 , 23","sortOrder":115},{"sectionNumber":"sec.31","sectionType":"section","heading":null,"content":"### Section sec.31\n\ns 31 amd 1973 No. 86 s 26\nom 2001 No. 63 s 58 sch","sortOrder":116},{"sectionNumber":"sec.32","sectionType":"section","heading":"Evidence","content":"### sec.32 Evidence\n\nIn any proceeding by or on behalf of the board under this Act it shall not be necessary to prove the appointment or election of the members, chairperson, or registrar of the board.\nA writing certified by the registrar to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration, statement, document, or writing of any nature whatsoever in the custody of the board or of any officer of the board, shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original.\nA certificate purporting to be that of the registrar as to—\nan order or decision made by the board; or\nan amount owing to the board pursuant to an order of the board;\nshall upon its production be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.\ns 32 amd 1986 No. 6 s 35 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch ; 2009 No. 24 s 850\n(sec.32-ssec.1) In any proceeding by or on behalf of the board under this Act it shall not be necessary to prove the appointment or election of the members, chairperson, or registrar of the board.\n(sec.32-ssec.2) A writing certified by the registrar to be a true copy of or a true extract from any register, book, certificate, notice, list, declaration, statement, document, or writing of any nature whatsoever in the custody of the board or of any officer of the board, shall for all purposes be prima facie evidence of the original of which it purports to be a copy or extract, and shall be receivable in evidence to the same extent as the original.\n(sec.32-ssec.3) A certificate purporting to be that of the registrar as to— an order or decision made by the board; or an amount owing to the board pursuant to an order of the board; shall upon its production be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein.\n- (a) an order or decision made by the board; or\n- (b) an amount owing to the board pursuant to an order of the board;","sortOrder":117},{"sectionNumber":"sec.33","sectionType":"section","heading":"Board may sue","content":"### sec.33 Board may sue\n\nThe board may in its own name, by its registrar or any person thereunto authorised in writing under the hand of the chairperson, institute, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever.\nEvery court of law shall take judicial notice of the signature of the chairperson to any such authorisation.\nWhere the tribunal or the board has ordered that a sum of money or costs be paid to the board and the order is not complied with the amount of such sum or costs outstanding shall be a debt due and owing by the person against whom the order was made to the board and may be sued for and recovered in a court of competent jurisdiction.\ns 33 amd 1986 No. 6 s 36 ; 2001 No. 63 s 58 sch\n(sec.33-ssec.1) The board may in its own name, by its registrar or any person thereunto authorised in writing under the hand of the chairperson, institute, carry on, prosecute, and defend any action, complaint, information, or proceeding whatsoever.\n(sec.33-ssec.1A) Every court of law shall take judicial notice of the signature of the chairperson to any such authorisation.\n(sec.33-ssec.2) Where the tribunal or the board has ordered that a sum of money or costs be paid to the board and the order is not complied with the amount of such sum or costs outstanding shall be a debt due and owing by the person against whom the order was made to the board and may be sued for and recovered in a court of competent jurisdiction.","sortOrder":118},{"sectionNumber":"sec.33A","sectionType":"section","heading":"Reports","content":"### sec.33A Reports\n\nThe board shall prepare a written report in relation to all matters dealt with by it under section 22A .\nThe report shall be lodged with the registrar of the board.\nUnless otherwise authorised by the board, a report referred to in subsection (1) shall not be made available to any person other than the Minister or a person acting in aid of the Minister, a member of the tribunal, a member or officer of the board or the person to whom it relates or that person’s solicitor.\nThe board may publish the whole or any part of a report to which this section applies in such manner as it thinks fit.\ns 33A ins 1986 No. 6 s 37\namd 2006 No. 48 s 33 sch ; 2009 No. 24 s 851\n(sec.33A-ssec.1) The board shall prepare a written report in relation to all matters dealt with by it under section 22A .\n(sec.33A-ssec.2) The report shall be lodged with the registrar of the board.\n(sec.33A-ssec.3) Unless otherwise authorised by the board, a report referred to in subsection (1) shall not be made available to any person other than the Minister or a person acting in aid of the Minister, a member of the tribunal, a member or officer of the board or the person to whom it relates or that person’s solicitor.\n(sec.33A-ssec.4) The board may publish the whole or any part of a report to which this section applies in such manner as it thinks fit.","sortOrder":119},{"sectionNumber":"sec.33B","sectionType":"section","heading":null,"content":"### Section sec.33B\n\ns 33B ins 1986 No. 6 s 37\nom 1994 No. 15 s 3 sch 1","sortOrder":120},{"sectionNumber":"sec.33C","sectionType":"section","heading":"Producing documents","content":"### sec.33C Producing documents\n\nThe board may, by written notice given to a veterinary surgeon, require the person to produce to the board, within a stated reasonable period, a document required to be kept by the person under this Act in relation to the person’s practice of veterinary science.\nThe board may, by written notice given to a person who holds an approval to use premises as veterinary premises, require the person to produce to the board, within a stated reasonable period, a document required to be kept under the approval in relation to the practice of veterinary science at the premises.\nA person of whom a requirement is made under subsection (1) or (2) must comply with the requirement.\nMaximum penalty—10 penalty units.\nIf a person produces a document to the board under subsection (1) or (2) , the board may—\ninspect, copy, or take an extract from, the document; or\nkeep the document for the period that the board considers necessary.\nIf the board copies or takes an extract from, a document under subsection (4) (a) , the board must return the document to the person who produced it.\nIf the board keeps a document under subsection (4) (b) , the board must allow the person who produced the document to inspect, make copies of, or take extracts from, the document at any reasonable time.\ns 33C ins 1986 No. 6 s 38\namd 1990 No. 65 s 19 ; 2001 No. 63 s 58 sch\nsub 2024 No. 17 s 191\n(sec.33C-ssec.1) The board may, by written notice given to a veterinary surgeon, require the person to produce to the board, within a stated reasonable period, a document required to be kept by the person under this Act in relation to the person’s practice of veterinary science.\n(sec.33C-ssec.2) The board may, by written notice given to a person who holds an approval to use premises as veterinary premises, require the person to produce to the board, within a stated reasonable period, a document required to be kept under the approval in relation to the practice of veterinary science at the premises.\n(sec.33C-ssec.3) A person of whom a requirement is made under subsection (1) or (2) must comply with the requirement. Maximum penalty—10 penalty units.\n(sec.33C-ssec.4) If a person produces a document to the board under subsection (1) or (2) , the board may— inspect, copy, or take an extract from, the document; or keep the document for the period that the board considers necessary.\n(sec.33C-ssec.5) If the board copies or takes an extract from, a document under subsection (4) (a) , the board must return the document to the person who produced it.\n(sec.33C-ssec.6) If the board keeps a document under subsection (4) (b) , the board must allow the person who produced the document to inspect, make copies of, or take extracts from, the document at any reasonable time.\n- (a) inspect, copy, or take an extract from, the document; or\n- (b) keep the document for the period that the board considers necessary.","sortOrder":121},{"sectionNumber":"sec.33D","sectionType":"section","heading":"Power of entry etc.","content":"### sec.33D Power of entry etc.\n\nA prescribed person may at any reasonable time enter upon any land and into any premises on land upon or in which the prescribed person suspects, on reasonable grounds, that an act, procedure, matter or thing that forms part of veterinary science, is being or has been done or performed in order to ascertain whether an offence against this Act is being or has been committed or whether any veterinary surgeon has engaged or is engaging in misconduct in a professional respect.\nBefore a prescribed person enters a part of any premises which part is used exclusively as a dwelling house the prescribed person shall, save where the prescribed person has the permission of the occupier of that part to his or her entry, apply to a stipendiary magistrate for, and obtain from the stipendiary magistrate, a warrant to enter.\nAn application to a stipendiary magistrate for the issue of a warrant—\nmay be heard at any place and, subject to this section, in such manner as the magistrate thinks fit; and\nmay be made—\nin person; or\nwhere it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication.\nA stipendiary magistrate who is satisfied upon the application of a prescribed person that there is reasonable cause to suspect that an act, procedure, matter or thing that forms part of veterinary science is being or has been done or performed in any premises may issue a warrant directed to the prescribed person to enter the premises at such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time.\nIn issuing a warrant, a stipendiary magistrate shall—\nspecify in the warrant the powers that may be exercised by the prescribed person; and\nrecord on the warrant the matters of fact on which the magistrate has relied to justify the issue of the warrant.\nA warrant remains in force for a period of 21 days from the date of issue and is lawful authority for the prescribed person to whom it is directed and all persons acting in aid of that person—\nto enter the premises specified in the warrant; and\nsubject to the terms of the warrant, to exercise the powers conferred upon a prescribed person under this Act.\nWhere an application for a warrant is made in person, in deciding whether to issue the warrant, the stipendiary magistrate shall not rely on any statement of facts unless it is provided by means of an oral or written statement made under oath or affirmation or under other sanction authorised by law.\nWhere an application for a warrant is made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate shall not issue the warrant unless the magistrate—\ninforms the applicant of the matters of fact on which the magistrate relies to justify the issue of the warrant; and\nobtains from the applicant an undertaking that the applicant will furnish to the stipendiary magistrate, as directed by the magistrate, as soon as is practicable a written statement made on oath or affirmation or under other sanction authorised by law verifying those matters of fact.\nWhere, pursuant to an application for a warrant made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate issues the warrant—\nthe magistrate shall—\ninform the applicant that the magistrate has done so and of the terms of the warrant; and\nwithin 7 days of the issue of the warrant, send the warrant to the Minister; and\nas soon as practicable, and, in any event, within 7 days, after the issue of the warrant, the applicant shall furnish to the magistrate a written statement in compliance with the undertaking given by the applicant under subsection (4C) (b) ; and\na form of warrant completed by the applicant substantially in the terms of the warrant issued by the magistrate and stating—\nthe date on which and the place at which the warrant was issued; and\nthe name of the stipendiary magistrate who issued the warrant;\nis for all purposes to be taken to be the warrant issued and to have force and effect accordingly.\nIf a person to whom subsection (4D) (b) applies fails to comply with that subsection, the warrant issued under this section is to be taken to be cancelled upon the expiration of the period of 7 days specified in that subsection.\nThe failure of a stipendiary magistrate to send a warrant to the Minister in accordance with subsection (4D) (a) (ii) does not affect the validity, force or effect of the warrant.\nA prescribed person who enters upon any land or into any premises pursuant to this section or to a warrant issued pursuant to this section may, subject, in the case of entry pursuant to a warrant, to the terms of the warrant—\nsearch the land or premises and examine anything found thereon or therein;\ninterview any person found thereon or therein;\ncollect and take away samples and specimens of anything found thereon or therein;\nphotograph the land or premises or any part thereof and anything found thereon or therein;\nseize and take away records which, in the prescribed person’s opinion formed on reasonable grounds, may contain evidence in respect of an offence against this Act or of misconduct in a professional respect.\nIn this section premises that are used as a dwelling house do not include the curtilage of those premises.\nAny person, other than a veterinary surgeon, who assaults, resists, obstructs or hinders, threatens or intimidates a prescribed person in the exercise of his or her powers under this section commits an offence against this Act.\nMaximum penalty—20 penalty units.\nIn this section—\nprescribed person means a member or deputy member of the board or any officer of the board.\ns 33D ins 1986 No. 6 s 38\namd 1990 No. 65 ss 20 , 23 ; 2001 No. 63 s 58 sch ; 2006 No. 48 s 33 sch ; 2009 No. 24 s 852\n(sec.33D-ssec.1) A prescribed person may at any reasonable time enter upon any land and into any premises on land upon or in which the prescribed person suspects, on reasonable grounds, that an act, procedure, matter or thing that forms part of veterinary science, is being or has been done or performed in order to ascertain whether an offence against this Act is being or has been committed or whether any veterinary surgeon has engaged or is engaging in misconduct in a professional respect.\n(sec.33D-ssec.2) Before a prescribed person enters a part of any premises which part is used exclusively as a dwelling house the prescribed person shall, save where the prescribed person has the permission of the occupier of that part to his or her entry, apply to a stipendiary magistrate for, and obtain from the stipendiary magistrate, a warrant to enter.\n(sec.33D-ssec.2A) An application to a stipendiary magistrate for the issue of a warrant— may be heard at any place and, subject to this section, in such manner as the magistrate thinks fit; and may be made— in person; or where it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication.\n(sec.33D-ssec.3) A stipendiary magistrate who is satisfied upon the application of a prescribed person that there is reasonable cause to suspect that an act, procedure, matter or thing that forms part of veterinary science is being or has been done or performed in any premises may issue a warrant directed to the prescribed person to enter the premises at such hours of the day or night as the warrant specifies or, if the warrant so specifies, at any time.\n(sec.33D-ssec.4) In issuing a warrant, a stipendiary magistrate shall— specify in the warrant the powers that may be exercised by the prescribed person; and record on the warrant the matters of fact on which the magistrate has relied to justify the issue of the warrant.\n(sec.33D-ssec.4A) A warrant remains in force for a period of 21 days from the date of issue and is lawful authority for the prescribed person to whom it is directed and all persons acting in aid of that person— to enter the premises specified in the warrant; and subject to the terms of the warrant, to exercise the powers conferred upon a prescribed person under this Act.\n(sec.33D-ssec.4B) Where an application for a warrant is made in person, in deciding whether to issue the warrant, the stipendiary magistrate shall not rely on any statement of facts unless it is provided by means of an oral or written statement made under oath or affirmation or under other sanction authorised by law.\n(sec.33D-ssec.4C) Where an application for a warrant is made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate shall not issue the warrant unless the magistrate— informs the applicant of the matters of fact on which the magistrate relies to justify the issue of the warrant; and obtains from the applicant an undertaking that the applicant will furnish to the stipendiary magistrate, as directed by the magistrate, as soon as is practicable a written statement made on oath or affirmation or under other sanction authorised by law verifying those matters of fact.\n(sec.33D-ssec.4D) Where, pursuant to an application for a warrant made in a manner referred to in subsection (2A) (b) (ii) , the stipendiary magistrate issues the warrant— the magistrate shall— inform the applicant that the magistrate has done so and of the terms of the warrant; and within 7 days of the issue of the warrant, send the warrant to the Minister; and as soon as practicable, and, in any event, within 7 days, after the issue of the warrant, the applicant shall furnish to the magistrate a written statement in compliance with the undertaking given by the applicant under subsection (4C) (b) ; and a form of warrant completed by the applicant substantially in the terms of the warrant issued by the magistrate and stating— the date on which and the place at which the warrant was issued; and the name of the stipendiary magistrate who issued the warrant; is for all purposes to be taken to be the warrant issued and to have force and effect accordingly.\n(sec.33D-ssec.4E) If a person to whom subsection (4D) (b) applies fails to comply with that subsection, the warrant issued under this section is to be taken to be cancelled upon the expiration of the period of 7 days specified in that subsection.\n(sec.33D-ssec.4F) The failure of a stipendiary magistrate to send a warrant to the Minister in accordance with subsection (4D) (a) (ii) does not affect the validity, force or effect of the warrant.\n(sec.33D-ssec.5) A prescribed person who enters upon any land or into any premises pursuant to this section or to a warrant issued pursuant to this section may, subject, in the case of entry pursuant to a warrant, to the terms of the warrant— search the land or premises and examine anything found thereon or therein; interview any person found thereon or therein; collect and take away samples and specimens of anything found thereon or therein; photograph the land or premises or any part thereof and anything found thereon or therein; seize and take away records which, in the prescribed person’s opinion formed on reasonable grounds, may contain evidence in respect of an offence against this Act or of misconduct in a professional respect.\n(sec.33D-ssec.6) In this section premises that are used as a dwelling house do not include the curtilage of those premises.\n(sec.33D-ssec.7) Any person, other than a veterinary surgeon, who assaults, resists, obstructs or hinders, threatens or intimidates a prescribed person in the exercise of his or her powers under this section commits an offence against this Act. Maximum penalty—20 penalty units.\n(sec.33D-ssec.8) In this section— prescribed person means a member or deputy member of the board or any officer of the board.\n- (a) may be heard at any place and, subject to this section, in such manner as the magistrate thinks fit; and\n- (b) may be made— (i) in person; or (ii) where it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication.\n- (i) in person; or\n- (ii) where it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication.\n- (i) in person; or\n- (ii) where it appears to the prescribed person that, because of distance, urgency or other circumstances, it is impracticable for the person to apply in person—by means of telephone, radio, telex or other facility for distance communication.\n- (a) specify in the warrant the powers that may be exercised by the prescribed person; and\n- (b) record on the warrant the matters of fact on which the magistrate has relied to justify the issue of the warrant.\n- (a) to enter the premises specified in the warrant; and\n- (b) subject to the terms of the warrant, to exercise the powers conferred upon a prescribed person under this Act.\n- (a) informs the applicant of the matters of fact on which the magistrate relies to justify the issue of the warrant; and\n- (b) obtains from the applicant an undertaking that the applicant will furnish to the stipendiary magistrate, as directed by the magistrate, as soon as is practicable a written statement made on oath or affirmation or under other sanction authorised by law verifying those matters of fact.\n- (a) the magistrate shall— (i) inform the applicant that the magistrate has done so and of the terms of the warrant; and (ii) within 7 days of the issue of the warrant, send the warrant to the Minister; and\n- (i) inform the applicant that the magistrate has done so and of the terms of the warrant; and\n- (ii) within 7 days of the issue of the warrant, send the warrant to the Minister; and\n- (b) as soon as practicable, and, in any event, within 7 days, after the issue of the warrant, the applicant shall furnish to the magistrate a written statement in compliance with the undertaking given by the applicant under subsection (4C) (b) ; and\n- (c) a form of warrant completed by the applicant substantially in the terms of the warrant issued by the magistrate and stating— (i) the date on which and the place at which the warrant was issued; and (ii) the name of the stipendiary magistrate who issued the warrant; is for all purposes to be taken to be the warrant issued and to have force and effect accordingly.\n- (i) the date on which and the place at which the warrant was issued; and\n- (ii) the name of the stipendiary magistrate who issued the warrant;\n- (i) inform the applicant that the magistrate has done so and of the terms of the warrant; and\n- (ii) within 7 days of the issue of the warrant, send the warrant to the Minister; and\n- (i) the date on which and the place at which the warrant was issued; and\n- (ii) the name of the stipendiary magistrate who issued the warrant;\n- (a) search the land or premises and examine anything found thereon or therein;\n- (b) interview any person found thereon or therein;\n- (c) collect and take away samples and specimens of anything found thereon or therein;\n- (d) photograph the land or premises or any part thereof and anything found thereon or therein;\n- (e) seize and take away records which, in the prescribed person’s opinion formed on reasonable grounds, may contain evidence in respect of an offence against this Act or of misconduct in a professional respect.","sortOrder":122},{"sectionNumber":"sec.33E","sectionType":"section","heading":"Authorisation of inspectors to carry out certain tests","content":"### sec.33E Authorisation of inspectors to carry out certain tests\n\nWhere the board—\nconsiders that it is uneconomical or inappropriate for the tuberculosis testing of animals to be carried out by a veterinary surgeon; and\nrecommends to the Minister that an authorisation be given for the purposes of this section;\nthe Minister may, by instrument, authorise an inspector under the Biosecurity Act 2014 to carry out tuberculosis testing of animals during a specified period at a specified place or specified places.\nThe power of an inspector to carry out tuberculosis testing of animals pursuant to this section does not derogate from, but is in addition to, any power the inspector may have under the Biosecurity Act 2014 to carry out that testing.\ns 33E ins 1990 No. 65 s 21\namd 2014 No. 7 s 578 s ch 4 pt 2\n(sec.33E-ssec.1) Where the board— considers that it is uneconomical or inappropriate for the tuberculosis testing of animals to be carried out by a veterinary surgeon; and recommends to the Minister that an authorisation be given for the purposes of this section; the Minister may, by instrument, authorise an inspector under the Biosecurity Act 2014 to carry out tuberculosis testing of animals during a specified period at a specified place or specified places.\n(sec.33E-ssec.2) The power of an inspector to carry out tuberculosis testing of animals pursuant to this section does not derogate from, but is in addition to, any power the inspector may have under the Biosecurity Act 2014 to carry out that testing.\n- (a) considers that it is uneconomical or inappropriate for the tuberculosis testing of animals to be carried out by a veterinary surgeon; and\n- (b) recommends to the Minister that an authorisation be given for the purposes of this section;","sortOrder":123},{"sectionNumber":"sec.34","sectionType":"section","heading":"Savings","content":"### sec.34 Savings\n\nNothing in this Act shall prejudice or affect or be deemed to prejudice or affect the Medicines and Poisons Act 2019 .\ns 34 amd 1973 No. 86 s 27 ; 1986 No. 6 s 39 ; 2001 No. 12 s 245 sch 2 ; 2002 No. 49 s 37 sch ; 2019 No. 26 s 290 sch 2","sortOrder":124},{"sectionNumber":"sec.35","sectionType":"section","heading":"Penalties","content":"### sec.35 Penalties\n\nAll penalties and fees imposed by or pursuant to this Act may be recovered in a summary way by complaint under the Justices Act 1886 .\nEvery person guilty of any breach or contravention of this Act for which no other penalty is provided shall be liable to a penalty not exceeding 10 penalty units.\nAny proceedings under this Act may be instituted within 12 months after the offence is committed, or within 12 months after the discovery of the offence, whichever is the later period.\ns 35 amd 1973 No. 86 s 28 ; 1986 No. 6 s 40 ; 1990 No. 65 s 23 ; 1995 No. 58 s 4 sch 1\n(sec.35-ssec.1) All penalties and fees imposed by or pursuant to this Act may be recovered in a summary way by complaint under the Justices Act 1886 .\n(sec.35-ssec.2) Every person guilty of any breach or contravention of this Act for which no other penalty is provided shall be liable to a penalty not exceeding 10 penalty units.\n(sec.35-ssec.3) Any proceedings under this Act may be instituted within 12 months after the offence is committed, or within 12 months after the discovery of the offence, whichever is the later period.","sortOrder":125},{"sectionNumber":"sec.36","sectionType":"section","heading":"Penalties etc. to be paid into board’s funds","content":"### sec.36 Penalties etc. to be paid into board’s funds\n\nAll penalties and fees recovered by the board under this Act shall be paid to the board and become part of its funds.","sortOrder":126},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Approval of forms","content":"### sec.36A Approval of forms\n\nThe chief executive may approve forms for use under the Act .\ns 36A ins 1995 No. 58 s 4 sch 1","sortOrder":127},{"sectionNumber":"sec.36B","sectionType":"section","heading":null,"content":"### Section sec.36B\n\ns 36B ins 1995 s 4sch 1\nexp 28 May 1996 (see s 36B(3))","sortOrder":128},{"sectionNumber":"sec.37","sectionType":"section","heading":"Regulation-making power","content":"### sec.37 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nA regulation may be made about the following matters—\nthe functions and powers of the registrar and officers appointed by the board;\nregisters and the manner of their keeping and the titles (including titles approved by the board in specific cases on the application of a veterinary surgeon), descriptions, qualifications and particulars to be inserted therein;\nthe forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used;\nproceedings of the board;\nfees payable under this Act, the purposes for which those fees are payable, the variation of fees for different classes of veterinary surgeons;\nexemption from payment of fees and the persons to be so exempted;\nfees and allowances payable to examiners and other persons under this Act;\napplications to and approvals by the board;\npenalties not exceeding 10 penalty units for contravention of or failure to comply with a regulation;\nelections held under this Act;\nproceedings in connection with complaints or allegations made against veterinary surgeons in respect of prohibited practices or for alleged misconduct in a professional respect;\nthe holding of examinations and the persons required or eligible to sit for them; fees payable by examinees;\nappointment of examiners;\nthe continuing education of veterinary surgeons, including the nature and extent of that education;\nthe rules of professional conduct for veterinary surgeons;\nthe common seal of the board and the attesting of documents by or on behalf of the board;\ninspection, operation, control and management of veterinary premises;\ncare of animals at veterinary premises;\nequipment and staff thereof;\nmethods of hygiene and standards of cleanliness therein;\nmaintenance of records in connection therewith;\nqualifications and courses of training for animal nurses and animal attendants, their functions and duties and regulation and control thereof;\nthe universities, colleges or like bodies and the degrees, diplomas or certificates granted by them that the Governor in Council may recognise in connection with applications for registration of persons as veterinary surgeons, and for approvals pursuant to section 18A ;\nthe issue of certificates with respect to animals on which veterinary science has been done or performed;\nthe circumstances in which and the purposes for which those certificates may be issued;\nthe persons who may sign them.\ns 37 sub 1973 No. 86 s 29\namd 1986 No. 6 s 41 ; 1990 No. 65 ss 22 , 23 ; 1994 No. 15 s 3 sch 1 ; 1996 No. 25 s 28 sch 1 ; 2001 No. 63 ss 56 , 58 sch ; 2009 No. 24 s 853\n(sec.37-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.37-ssec.2) A regulation may be made about the following matters— the functions and powers of the registrar and officers appointed by the board; registers and the manner of their keeping and the titles (including titles approved by the board in specific cases on the application of a veterinary surgeon), descriptions, qualifications and particulars to be inserted therein; the forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used; proceedings of the board; fees payable under this Act, the purposes for which those fees are payable, the variation of fees for different classes of veterinary surgeons; exemption from payment of fees and the persons to be so exempted; fees and allowances payable to examiners and other persons under this Act; applications to and approvals by the board; penalties not exceeding 10 penalty units for contravention of or failure to comply with a regulation; elections held under this Act; proceedings in connection with complaints or allegations made against veterinary surgeons in respect of prohibited practices or for alleged misconduct in a professional respect; the holding of examinations and the persons required or eligible to sit for them; fees payable by examinees; appointment of examiners; the continuing education of veterinary surgeons, including the nature and extent of that education; the rules of professional conduct for veterinary surgeons; the common seal of the board and the attesting of documents by or on behalf of the board; inspection, operation, control and management of veterinary premises; care of animals at veterinary premises; equipment and staff thereof; methods of hygiene and standards of cleanliness therein; maintenance of records in connection therewith; qualifications and courses of training for animal nurses and animal attendants, their functions and duties and regulation and control thereof; the universities, colleges or like bodies and the degrees, diplomas or certificates granted by them that the Governor in Council may recognise in connection with applications for registration of persons as veterinary surgeons, and for approvals pursuant to section 18A ; the issue of certificates with respect to animals on which veterinary science has been done or performed; the circumstances in which and the purposes for which those certificates may be issued; the persons who may sign them.\n- (a) the functions and powers of the registrar and officers appointed by the board;\n- (b) registers and the manner of their keeping and the titles (including titles approved by the board in specific cases on the application of a veterinary surgeon), descriptions, qualifications and particulars to be inserted therein;\n- (c) the forms to be used for the purposes of this Act and the particular purposes for which those forms shall respectively be used;\n- (d) proceedings of the board;\n- (e) fees payable under this Act, the purposes for which those fees are payable, the variation of fees for different classes of veterinary surgeons;\n- (f) exemption from payment of fees and the persons to be so exempted;\n- (g) fees and allowances payable to examiners and other persons under this Act;\n- (h) applications to and approvals by the board;\n- (i) penalties not exceeding 10 penalty units for contravention of or failure to comply with a regulation;\n- (j) elections held under this Act;\n- (k) proceedings in connection with complaints or allegations made against veterinary surgeons in respect of prohibited practices or for alleged misconduct in a professional respect;\n- (l) the holding of examinations and the persons required or eligible to sit for them; fees payable by examinees;\n- (m) appointment of examiners;\n- (n) the continuing education of veterinary surgeons, including the nature and extent of that education;\n- (o) the rules of professional conduct for veterinary surgeons;\n- (p) the common seal of the board and the attesting of documents by or on behalf of the board;\n- (q) inspection, operation, control and management of veterinary premises;\n- (r) care of animals at veterinary premises;\n- (s) equipment and staff thereof;\n- (t) methods of hygiene and standards of cleanliness therein;\n- (u) maintenance of records in connection therewith;\n- (v) qualifications and courses of training for animal nurses and animal attendants, their functions and duties and regulation and control thereof;\n- (w) the universities, colleges or like bodies and the degrees, diplomas or certificates granted by them that the Governor in Council may recognise in connection with applications for registration of persons as veterinary surgeons, and for approvals pursuant to section 18A ;\n- (x) the issue of certificates with respect to animals on which veterinary science has been done or performed;\n- (y) the circumstances in which and the purposes for which those certificates may be issued;\n- (z) the persons who may sign them.","sortOrder":129},{"sectionNumber":"pt.6","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":130},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Provisions for Primary Industries Legislation Amendment Act 2001","content":"## Provisions for Primary Industries Legislation Amendment Act 2001","sortOrder":131},{"sectionNumber":"sec.38","sectionType":"section","heading":"Continuation of board membership","content":"### sec.38 Continuation of board membership\n\nThis section applies to a person who, immediately before the commencement of the section, is a member.\nThe member—\ncontinues in office; and\nis taken to be appointed as a member under section 4C; and\nholds office on the conditions not provided for by this Act that are decided by the Minister.\nAlso, the member who, immediately before the commencement of this section, is the president of the board is taken to be the chairperson.\ns 38 prev s 38 om 1986 No. 6 s 42\npres s 38 ins 2001 No. 63 s 57\n(sec.38-ssec.1) This section applies to a person who, immediately before the commencement of the section, is a member.\n(sec.38-ssec.2) The member— continues in office; and is taken to be appointed as a member under section 4C; and holds office on the conditions not provided for by this Act that are decided by the Minister.\n(sec.38-ssec.3) Also, the member who, immediately before the commencement of this section, is the president of the board is taken to be the chairperson.\n- (a) continues in office; and\n- (b) is taken to be appointed as a member under section 4C; and\n- (c) holds office on the conditions not provided for by this Act that are decided by the Minister.","sortOrder":132},{"sectionNumber":"sec.39","sectionType":"section","heading":"Continuing effect of approvals","content":"### sec.39 Continuing effect of approvals\n\nThis section applies to an approval—\ngiven under former section 25A; and\nin force immediately before the commencement of this section.\nFrom the commencement—\nthe approval and any conditions of the approval have effect as if it were an approval given under part 4A; and\nthe approval is taken to be subject to a condition that the approval holder must allow a member or officer of the board to enter the premises stated in the approval to inspect the premises, including, for example, fittings, equipment or records at the premises, for compliance with the conditions of the approval.\nIn this section—\nformer section 25A means section 25A as in force from time to time before its repeal by the Primary Industries Legislation Amendment Act 2001 .\ns 39 ins 2001 No. 63 s 57\n(sec.39-ssec.1) This section applies to an approval— given under former section 25A; and in force immediately before the commencement of this section.\n(sec.39-ssec.2) From the commencement— the approval and any conditions of the approval have effect as if it were an approval given under part 4A; and the approval is taken to be subject to a condition that the approval holder must allow a member or officer of the board to enter the premises stated in the approval to inspect the premises, including, for example, fittings, equipment or records at the premises, for compliance with the conditions of the approval.\n(sec.39-ssec.3) In this section— former section 25A means section 25A as in force from time to time before its repeal by the Primary Industries Legislation Amendment Act 2001 .\n- (a) given under former section 25A; and\n- (b) in force immediately before the commencement of this section.\n- (a) the approval and any conditions of the approval have effect as if it were an approval given under part 4A; and\n- (b) the approval is taken to be subject to a condition that the approval holder must allow a member or officer of the board to enter the premises stated in the approval to inspect the premises, including, for example, fittings, equipment or records at the premises, for compliance with the conditions of the approval.","sortOrder":133},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Provision for Primary Industries Legislation Amendment Act 2006","content":"## Provision for Primary Industries Legislation Amendment Act 2006","sortOrder":134},{"sectionNumber":"sec.40","sectionType":"section","heading":"Particular proceedings before the tribunal","content":"### sec.40 Particular proceedings before the tribunal\n\nThis section applies to a proceeding before the tribunal that was started before the commencement and has not been decided by the tribunal.\nFor hearing, or continuing to hear, and making a decision on the proceeding, this Act as in force before the commencement continues to apply as if the Primary Industries Legislation Amendment Act 2006 , part 8 had not commenced.\nIn this section—\ncommencement means the day this section commences.\ns 40 ins 2006 No. 48 s 46\n(sec.40-ssec.1) This section applies to a proceeding before the tribunal that was started before the commencement and has not been decided by the tribunal.\n(sec.40-ssec.2) For hearing, or continuing to hear, and making a decision on the proceeding, this Act as in force before the commencement continues to apply as if the Primary Industries Legislation Amendment Act 2006 , part 8 had not commenced.\n(sec.40-ssec.3) In this section— commencement means the day this section commences.","sortOrder":135}],"analysis":{"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1936 Act was a straightforward registration scheme for veterinary surgeons in Queensland. Over time, its scope has expanded significantly to include: veterinary specialists as a separate registration category; provisional, short-term, and special registration types; interstate and Trans-Tasman mutual recognition; a formal tribunal-based disciplinary system through QCAT; national register arrangements with other states; deemed registration for interstate veterinary practitioners; and modern governance requirements for the Board including conflict of interest rules, electronic registers, and financial accountability obligations."},"complexity_factors":["Multiple overlapping registration categories (full, provisional, short-term, special, specialist, deemed interstate) with different rules for each","Cross-references to numerous other Acts including QCAT Act, Mutual Recognition Acts, Animal Care and Protection Act 2001, Financial Accountability Act 2009, and Public Sector Act 2022","Layered governance structure involving the Board, the Minister, the Governor in Council, QCAT, and the Australasian Veterinary Boards Council","Highly amended legislation dating from 1936, resulting in inconsistent drafting styles mixing archaic and modern language","Complex registration pathway for overseas-trained vets with tiered qualification recognition and additional requirements","Multiple disciplinary pathways (Board action vs QCAT referral) with different powers and cost rules","Interaction between Queensland registration and interstate/New Zealand mutual recognition frameworks","Provisions about board member conflicts of interest, quorum adjustments, and special voting rules adding procedural complexity","Exclusion from Corporations Act provisions requiring separate legal analysis to understand the board's legal status"],"plain_english_summary":"Queensland's Veterinary Surgeons Act 1936 regulates who may practise veterinary medicine in the state, establishes the Veterinary Surgeons Board to register, oversee and discipline vets and specialists, and requires qualifications, fitness and fees. It covers registration pathways (including overseas and interstate recognition), public registers and a formal complaints/discipline process. It protects animal owners by ensuring only qualified, accountable practitioners may diagnose, treat or operate on animals."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Yes. The Act as presented has been broadened significantly from a classical registration statute. Additions over time expanded scope beyond simple registration and title protection to include:\n\n- Approval and active regulation of veterinary premises with inspection and condition powers (pt 4A: secs 25A–25K). This creates a premises licensing layer not present in earlier, narrower registration Acts.\n\n- Integration with tribunal/QCAT processes and a structured tribunal constitution for professional discipline (secs 15A–15D), replacing or supplementing earlier internal disciplinary schemes.\n\n- Provisions enabling electronic public registers and interstate/national information‑sharing arrangements (secs 16, 16A), which extend the Act’s administrative and data‑sharing remit.\n\n- Specific biosecurity and emergency contact arrangements and limited authorisation for biosecurity inspectors to perform testing (secs 29C, 33E), linking veterinary regulation with public biosecurity powers.\n\n- Expanded offences, conditional exceptions (e.g. supervised students, unpaid practice), and a differentiated set of registration categories (provisional, temporary 30‑day, special registration) that increase granularity of the regulatory regime (secs 18A, 19A, 19B, 19E).\n\nCollectively these changes move the Act from a narrow profession‑registration statute into a broader regulatory regime covering premises licensing, public‑health coordination, interstate data sharing and a two‑track disciplinary system. These extensions are visible in the cited sections and in the inclusion of detailed procedures for approvals, inspections and information sharing."},"complexity_factors":["Multiple decision‑makers with overlapping roles (Board, Minister, Governor in Council, tribunal/QCAT) increasing procedural complexity (secs 4C, 15A, 37)","Cross‑references to other Acts and bodies (QCAT Act, Biosecurity Act 2014, Mutual Recognition Acts) creating inter‑legislative dependencies (secs 3, 15B, 29C, 33E)","Numerous registration pathways and exceptions (domestic qualifications, overseas qualifications requiring further requirements, provisional/temporary/special registration, interstate deemed registration) (secs 18, 18A, 18B, 19, 19A, 19B, 19E, 19CA)","Dual disciplinary tracks (Board‑led minor discipline under s22A and tribunal adjudication under s15A/22E) with procedural safeguards (s22B) and differing penalty caps, creating conditional branching","Extensive delegated regulation‑making power covering technical and procedural detail (sec 37) leading to important rules being off‑statute","Multiple categories of offences with varying penalty levels (pt 4B, secs 25L–25Q; different penalty units for record failures and assaults on inspectors)","Provisions for premises approval, inspection, amendment, suspension and cancellation with mandatory notice and representation windows (secs 25A–25K) produce sequential decision points","Transitional provisions and historical amendments referenced throughout (pt 6, annotations) increase interpretive complexity for legacy cases","Schedule/dictionary for definitions and many defined terms referenced throughout (sec 2‑oc.2 referencing schedule definitions)","Evidence and enforcement mechanisms allowing certificated registrar evidence and Board powers to seize and keep records (secs 32, 33C, 33D)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes the Veterinary Surgeons Board of Queensland (the Board) as a corporate body with a common seal and the ability to sue and be sued (sec 4). The Board represents the State and is part of the department for Financial Accountability (sec 4A). The Board has broad administrative powers (enter contracts, hire staff, charge for services) to perform its functions (sec 4B).\n\n- Defines “veterinary science” (what counts as the regulated professional activity) to include diagnosis, advice, medical/surgical treatment, anaesthesia, and certification, but excludes specified husbandry/dentistry acts and approved scientific use (sec 2A).\n\n- Creates and requires electronic public registers of veterinary surgeons and veterinary specialists, and allows information-sharing arrangements with interstate registering bodies for a national register (secs 16, 16A).\n\n- Sets out who may be registered as a veterinary surgeon or specialist, and the application, provisional, temporary (30‑day) and special‑purpose registration pathways. The Board assesses qualifications, character and medical fitness and may impose further requirements (secs 18, 18A, 18B, 19, 19A, 19B, 19C, 19E, 19CA). Annual fees are payable to stay on the registers and non‑payment can lead to removal (sec 17).\n\n- Gives the Board investigatory and disciplinary powers: it may investigate complaints, require documents, and either discipline a practitioner itself (minor penalties, reprimands, adjournment) or refer matters to the tribunal (secs 22, 22A, 22B, 22C, 33C). The tribunal (constituted with a legally qualified member plus two veterinary QCAT members) decides more serious disciplinary matters and can suspend or remove registration, or impose penalties (secs 15A–15D, 15B, 22E, 22F).\n\n- Regulates the premises where veterinary practice is carried on. Persons must apply for Board approval to use premises as ‘veterinary premises’; decisions must be made within set timeframes; and approvals may be granted subject to conditions or refused / amended / suspended on specified grounds (pt 4A: secs 25A–25K, 29A). The Board may inspect premises and impose conditions about equipment, hygiene, staffing and services (sec 25G).\n\n- Creates criminal / regulatory offences and penalties aimed at protecting professional titles and practice: only registered veterinary surgeons may practise veterinary science; people may not falsely claim the title; a veterinary surgeon may not allow unqualified persons to perform veterinary science; conducting practice outside approved premises is an offence (pt 4B: secs 25L–25Q). Penalty levels vary (commonly up to 40 penalty units for serious breaches; smaller penalties for record/notice failures).\n\n- Empowers Board officers to obtain documents, inspect records, and (in prescribed circumstances) enter premises or obtain warrants for entry; provides for seizure/inspection and protective procedures for dwellings (secs 33C, 33D).\n\n- Provides for administrative details: payment and use of Board funds, evidence presumptions from the registrar’s certificates, the Board’s ability to sue to recover unpaid orders, report requirements, and a wide regulation‑making power to fill technical and procedural detail (secs 15, 32, 33, 33A, 36A, 37).\n\n- Preserves interaction with other laws: does not affect mutual recognition Acts (sec 3); shares emergency contact details with chief executives for biosecurity purposes (sec 29C); and includes a limited authorisation for biosecurity inspectors to do TB testing when recommended (sec 33E).\n\n**Who is affected**\n\n- Veterinary surgeons and veterinary specialists practising in Queensland: registration, annual fees, practice standards, disciplinary exposure, record‑keeping and premises rules are directed at them (secs 16–22, 25A–25Q).\n\n- Employers and owners of veterinary premises (including corporations): they must hold Board approval, comply with conditions, and may be subject to sanctions; corporate officers’ disqualifying convictions can affect approvals (secs 25F, 25I).\n\n- Persons who are not veterinary surgeons: the Act restricts use of professional titles and the carrying on of veterinary science (secs 25M, 25P, 25Q).\n\n- The Board, the Minister, the Governor in Council and the tribunal/QCAT: these decision‑makers exercise licensing, discipline, regulation‑making and enforcement roles (secs 4C, 4D, 15A, 37).\n\n- The public and government agencies in biosecurity roles: they can gain emergency contact details and rely on the register for outbreak control (secs 16, 29C).\n\n**Why it matters (claimed purposes and how they work mechanically)**\n\n- The Act’s primary claimed purpose is to protect animal health and public safety by ensuring only suitably qualified and supervised persons practise veterinary science and that premises meet standards (secs 2A, 18, 25F, 29A). Mechanically this is achieved by: registration gates, ongoing fees and records, premises approvals and inspections, professional conduct rules, and a disciplinary/tribunal pathway (secs 16–22, 25A–25K, 25G, 22A–22E).\n\n- It also claims to facilitate interstate and national recognition of practitioners through mutual recognition and national register arrangements (secs 3, 16A, 18B, 19CA). Mechanically this reduces duplication by deeming interstate veterinary practitioners to be registered and allowing data sharing with other State boards.\n\n**Costs, incentives, trade‑offs and implementation considerations**\n\n- Who pays: veterinary surgeons and applicants pay prescribed registration and annual fees; approval holders may incur compliance costs to meet premises standards and conditions; Board operational costs are funded from fees and penalties (secs 15, 17, 37).\n\n- Compliance burden: applicants must supply qualifications, character evidence and, for some overseas qualifications, residency and English exams (sec 18). Premises approvals require information, possible inspections and adherence to conditions (secs 25A–25C, 25B, 25G). Registered practitioners must maintain records and notify changes of contact details (secs 26, 33C). Non‑compliance attracts removal, suspension or fines (secs 21, 22E, 25L–25Q).\n\n- Enforcement and discretion: the Board has wide administrative discretion to refuse, approve, condition, amend or cancel approvals and to discipline (secs 22A, 25D, 25H–25J). The Governor in Council and Minister have appointment and regulation powers affecting composition and policy (secs 4C, 4D, 37). These discretionary levers concentrate decision power in the Board and executive, which speeds administration but creates reliance on robust internal governance and transparent processes (secs 12A–12C on meeting conduct and conflict disclosure).\n\n- Multiple pathways for discipline: the Board can deal with lesser offences itself (limited penalties, sec 22A) or refer serious matters to the tribunal (sec 22), which provides legal process and higher penalties (sec 22E). This bifurcation can save tribunal resources but requires clear procedural safeguards — the Act mandates notice and opportunity to be heard before a Board‑level penalty (sec 22B).\n\n- Market effects and barriers to entry: registration requirements, exams/residency for some overseas qualifications, annual fees and premises‑approval costs create a regulated entry process (secs 18, 17, 25F). These raise practitioners’ costs and may restrict unqualified competition; mutual recognition provisions moderate this for interstate practitioners (secs 3, 18B).\n\n- Information sharing and public interest: electronic registers and interstate arrangements improve visibility and mobility of practitioners (secs 16, 16A). Emergency contact sharing with biosecurity agencies supports rapid government response but raises data‑use limits (sec 29C limits use to biosecurity purposes).\n\n- Implementation risks and opportunity costs: the Board must manage timeliness (statutory decision windows: 28 days for premises, sec 25C; notification timeframes), maintain and secure electronic registers, and ensure consistent use of investigatory powers respecting privacy and legal process (secs 16, 25C, 33C, 33D). Fees must cover administration without creating perverse incentives to over‑enforce for revenue (secs 4B, 15).\n\n**Concrete mechanisms of concentrated benefit / diffuse cost**\n\n- Concentrated benefits accrue to those appointed by the Minister or Governor in Council (seats on the Board, sec 4C) and to registered practitioners who gain exclusive right to use professional titles (secs 25P, 25Q). Diffuse costs fall on all practitioners through compliance (fees, premises standards, record‑keeping) and on small veterinary businesses that must meet premises approval conditions.\n\n(References above are to the sections cited in the Act.)"},"kimi_summary":{"_metrics":{"completionTokens":1016},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 1936 purpose of simply registering veterinarians. It now encompasses: national mutual recognition schemes (1990s-2000s), detailed regulation of veterinary premises (2001), specialist registration tiers (1986), integration with the QCAT tribunal system (2009), biosecurity emergency powers (2013-2014), and complex interstate information sharing arrangements. The scope has shifted from purely professional registration to comprehensive regulation of veterinary service delivery, premises standards, and national professional mobility."},"complexity_factors":["Multiple overlapping registration pathways (full, provisional, special, limited, deemed, and specialist registration)","Extensive cross-referencing with other Queensland legislation (QCAT Act, Biosecurity Act 2014, Animal Care and Protection Act 2001, Public Sector Act 2022, Financial Accountability Act 2009)","Nested conditional logic in registration requirements (section 18 has multiple alternative qualification pathways with different conditions)","Detailed procedural requirements for disciplinary actions, including notice periods, representation rights, and tribunal referral options","Complex entry and warrant provisions with multiple sub-conditions for remote applications (section 33D)","Multiple definitions of 'veterinary surgeon' that exclude 'veterinary practitioner' in some contexts but not others","Transitional provisions preserving old approvals under new legislative frameworks","Board membership formula with different qualification requirements for different member categories"],"plain_english_summary":"This Queensland legislation regulates who can practise veterinary science and how veterinary services are delivered in the state.\n\n**What it does:**\n\n- **Establishes the Veterinary Surgeons Board of Queensland** — a government body that oversees the veterinary profession. The board has 6 members: a senior government officer (who chairs), 2 elected veterinarians, and 3 others appointed by the Minister (at least 2 of whom must be veterinarians).\n\n- **Defines \"veterinary science\"** — this includes diagnosing animal diseases, performing surgery, giving anaesthetics, treating injuries, and issuing health certificates. It excludes routine animal husbandry, prescribed dental work, and scientific research conducted under animal welfare laws.\n\n- **Creates two registers** — one for veterinary surgeons and one for veterinary specialists. These are now kept electronically and published online.\n\n- **Sets registration requirements** — to become a veterinary surgeon, you need recognised qualifications, good character, and (for some overseas qualifications) additional English language testing and residency requirements. Veterinary specialists need 5+ years of practice in their specialty plus further qualifications.\n\n- **Recognises interstate practitioners** — people registered as \"veterinary practitioners\" in other Australian states or New Zealand are automatically treated as registered veterinary surgeons in Queensland, with the same conditions applying.\n\n- **Regulates veterinary premises** — you need board approval to operate a veterinary practice, and premises must meet standards for equipment, hygiene, and staffing. The board can inspect premises, and it is an offence to practise veterinary science outside approved premises.\n\n- **Prohibits unqualified practice** — only registered veterinary surgeons can practise veterinary science for fee or reward. Students and trainees can practise under supervision.\n\n- **Provides disciplinary processes** — the board can investigate complaints about professional misconduct. Serious matters go to the Queensland Civil and Administrative Tribunal (QCAT), which can remove a veterinarian from the register, suspend them, fine them (up to 40 penalty units), or reprimand them. The board can also handle less serious matters directly with smaller fines (up to 10 penalty units) or reprimands.\n\n- **Defines professional misconduct** — this includes being habitually drunk or drug-affected, practising fraud, negligence, incompetence, animal cruelty convictions, falsifying certificates, failing to maintain clean premises, allowing unqualified people to practise, or directing others to commit professional misconduct.\n\n- **Gives enforcement powers** — board members and officers can enter premises (with warrants for private homes), inspect records, take samples, and seize evidence. They can also require veterinarians to produce documents.\n\n- **Requires information sharing** — the board must notify interstate authorities of disciplinary actions, and the registrar must provide emergency contact details to the chief biosecurity officer during disease outbreaks.\n\n**Who it affects:**\n\n- Anyone wanting to work as a veterinarian in Queensland\n- Current veterinary surgeons and specialists (who must pay annual fees and maintain registration)\n- Owners of veterinary practices and premises\n- Animal owners who use veterinary services\n- Interstate and New Zealand veterinarians seeking to work in Queensland\n\n**Why it matters:**\n\nThis law protects animal welfare and public health by ensuring only properly qualified, competent, and ethical people can practise veterinary medicine. It provides clear standards for veterinary premises, creates accountability through registration and disciplinary systems, and allows for national recognition of veterinary qualifications while maintaining local oversight."}},"importantCases":[],"_links":{"self":"/api/acts/veterinary-surgeons-act-1936","history":"/api/acts/veterinary-surgeons-act-1936/history","analysis":"/api/acts/veterinary-surgeons-act-1936/analysis","conflicts":"/api/acts/veterinary-surgeons-act-1936/conflicts","importantCases":"/api/acts/veterinary-surgeons-act-1936/important-cases","documents":"/api/acts/veterinary-surgeons-act-1936/documents"}}