Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Veterinary Services Act 2023. 2—Commencement (1) This Act comes into operation on a day to be fixed by proclamation. (2) Section 27(6) of the Legislation Interpretation Act 2021 does not apply to this Act. 3—Interpretation (1) In this Act— Board means the Veterinary Services Regulatory Board of South Australia (see Part 2); Chief Executive means the Chief Executive of the administrative unit of the Public Service that is responsible for assisting a Minister in the administration of this Act; corresponding law means a law of another jurisdiction recognised by the regulations as a corresponding law under this Act; corresponding specialty, in relation to a specialty, means— (a) a specialty under a corresponding law of the same name as the specialty; or (b) a specialty under a corresponding law declared by the Board, by notice in the Gazette, to correspond to the specialty; deemed registration means registration under Part 3 Division 3; Executive Officer means the person holding or acting in the office of Executive Officer of the Board; general register—see section 27; health professional means— (a) a person who is registered in this State as a medical practitioner; or (b) a person who is registered in this State as a psychologist; or (c) any other person who belongs to a profession, or who has an occupation, declared by the Board, by notice in the Gazette, to be a profession or occupation within the ambit of this definition; inspector means a person authorised by the Board to perform the functions of an inspector under this Act; interstate registration authority means a person or body having the function of the registration of persons providing veterinary services under a corresponding law; jurisdiction means— (a) a State; or (b) a Territory; or (c) an overseas jurisdiction brought within the ambit of this definition by the regulations; legal practitioner means a person admitted and enrolled as a practitioner of the Supreme Court of South Australia; participating jurisdiction means this State or a jurisdiction in which a corresponding law is in force; primary registration means registration under Part 3 Division 2; registered premises means premises registered under Part 4; repealed Act means the Veterinary Surgeons Act 1985 or the Veterinary Practice Act 2003; responsible person in respect of registered premises—see section 41; specialist means a person registered on the specialist register; specialist register—see section 27; specialty means a branch of veterinary practice declared by the Board, by notice in the Gazette, to be a specialty; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013; unprofessional conduct includes— (a) improper or unethical conduct in relation to professional practice; and (b) incompetence or negligence in relation to the provision of veterinary services; and (c) a contravention of— (i) a provision of this Act; or (ii) a code of conduct or professional standards prepared or endorsed by the Board under this Act; and (d) conduct that constitutes an offence punishable by imprisonment for 1 year or more under this or any other Act or law; and (e) conduct that constitutes an offence prescribed by the regulations; veterinarian means— (a) a person with primary registration; or (b) a person with deemed registration who provides veterinary services or engages in other conduct as a veterinarian in this State; veterinary premises register—see section 39; veterinary premises standard means the veterinary premises standard prepared or endorsed under section 40, as in force from time to time; veterinary service means a service which forms part of the practice of veterinary surgery or veterinary medicine and includes— (a) the diagnosis of a disease or physiological condition in, or an injury to, an animal; and (b) the medical treatment of an animal; and (c) the administration of an anaesthetic to an animal; and (d) the performance of an invasive or surgical procedure on an animal; and (e) the castration or spaying of an animal; and (f) the performance of a dental procedure on an animal; and (g) any other act or activity of a kind prescribed by the regulations to be a veterinary service, but does not include anything excluded from the ambit of this definition by the regulations. (2) A reference in this Act to premises will be taken to include a reference to a mobile hospital or clinic (whether a vehicle, demountable building or otherwise) in which it is intended that veterinary services will be provided (including the performance of invasive or surgical procedures on animals). (3) A reference in this Act to unprofessional conduct extends to— (a) unprofessional conduct committed before the commencement of this Act; and (b) unprofessional conduct committed within or outside South Australia or the Commonwealth. (4) For the purposes of this Act, a reference to disqualification from registration under a corresponding law is a reference to any form of prohibition from general or specialist registration or registration in a corresponding specialty under the corresponding law. (5) For the purposes of this Act, a reference to being registered on the specialist register will, in the case of a veterinarian registered in more than 1 specialty, be taken to be a reference to the registration of each such specialty. 4—Application of Act This Act is in addition to, and does not derogate from, any other Act or law.