115AClaims by persons as to membership of surgical class

115A Claims 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”;

(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.

Maximum penalty—$60,000 or 3 years imprisonment or both.

(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;

(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.

Maximum penalty—

(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.

(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 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.

(4) Before making regulations prescribing a class of medical practitioner as a surgical class, the Ministerial Council must have regard to—