sec.115AClaims by persons as to membership of surgical class

### sec.115A Claims by persons as to membership of surgical class A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— take or use the title “surgeon”; take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; claim to be, or hold out as being, a member of a surgical class. Maximum penalty—$60,000 or 3 years imprisonment or both. 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— take or use the title “surgeon” in relation to the practitioner; take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000. Subsections (1) (a) and (2) (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 do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— holds registration in the dentists division of the dental profession; or 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. Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and the surgical training required to be undertaken by members of the proposed class. In this section— surgical class means the following classes of medical practitioners— a medical practitioner holding specialist registration in the recognised specialty of surgery; a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; 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; another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council. sch s 115A ins 2023 No. 22 s 4 (sec.115A-ssec.1) A medical practitioner who is not a member of a surgical class must not knowingly or recklessly do any of the following— take or use the title “surgeon”; take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; claim to be, or hold out as being, a member of a surgical class. Maximum penalty—$60,000 or 3 years imprisonment or both. (sec.115A-ssec.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— take or use the title “surgeon” in relation to the practitioner; take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, indicates or could be reasonably understood to indicate the practitioner is a member of a surgical class; claim the practitioner is, or hold the practitioner out as being, a member of a surgical class. Maximum penalty— in the case of an individual—$60,000 or 3 years imprisonment or both; or in the case of a body corporate—$120,000. (sec.115A-ssec.3) Subsections (1) (a) and (2) (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 do not apply to, or in relation to, a medical practitioner who is not a member of a surgical class if the practitioner— holds registration in the dentists division of the dental profession; or 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. (sec.115A-ssec.4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to— any advice the National Board for the medical profession gives to the Ministerial Council about prescribing the class; and the surgical training required to be undertaken by members of the proposed class. (sec.115A-ssec.5) In this section— surgical class means the following classes of medical practitioners— a medical practitioner holding specialist registration in the recognised specialty of surgery; a medical practitioner holding specialist registration in the recognised specialty of obstetrics and gynaecology; a medical practitioner holding specialist registration in the recognised specialty of ophthalmology; 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; another class of medical practitioner prescribed as a surgical class by regulations made by the Ministerial Council. - (a) take or use the title “surgeon”; - (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, 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. - (a) take or use the title “surgeon” in relation to the practitioner; - (b) take or use a title, name, initial, symbol, word or description that, having regard to the circumstances in which it is taken or used, 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. - (a) in the case of an individual—$60,000 or 3 years imprisonment or both; or - (b) in the case of a body corporate—$120,000. - (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 profession; or (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. - (i) holds registration in the dentists division of the dental profession; or - (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. - (i) holds registration in the dentists division of the dental profession; or - (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. - (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. - (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.