115AClaims by persons as to membership of surgical class

115A Claims by persons as to membership of surgical class (1) A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— (a) take or use the title “surgeon”; indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; (c) claim to be, or hold out as being, a member of a surgical class.

(2) A person must not knowingly or recklessly do any of the following in relation to a medical practitioner who is not a member of a surgical class— (a) take or use the title “surgeon” in relation to the practitioner; indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; (c) claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. (3) Subsections (1) (a) and (2) (a)— (a) apply whether or not the title “surgeon” is taken or used with or without any other words and whether in English or any other language; but (b) do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— (i) holds registration in the dentists division of the dental (ii) is permitted under this Law, or another law of a State or Territory, to take or use the title “surgeon” for practising a profession other than the medical profession. (4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— (a) any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and

(b) the surgical training required to be undertaken by members of the proposed class. surgical class means the following classes of medical practitioners— (a) a medical practitioner holding specialist registration in the recognised specialty of surgery; (b) a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; (c) a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; (d) a medical practitioner holding specialist registration in another recognised specialty in the medical profession with the word “surgeon” in a specialist title for the specialty; (e) another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council.