Part 5Veterinary practice

Part 5—Veterinary practice Division 1—Veterinary practice 49—Veterinary services to be provided by veterinarians (1) A person must not provide veterinary services for money or other consideration unless, at the time the service is provided, the person is a veterinarian. (2) Subsection (1) does not apply in relation to— (a) veterinary services provided by an employee of the owner of the animal in the course of that employment; or (b) the provision of veterinary services, or veterinary services of a class, in prescribed circumstances. 50—Veterinary services must be provided at registered premises (1) A veterinarian must not provide veterinary services at premises other than registered premises. (2) However, subsection (1) does not apply in the following circumstances: (a) if it is not reasonably practicable to provide the veterinary services at registered premises; (b) if the veterinary services are provided at premises by telephone or other means of electronic communication without the relevant animal being present at the premises; (c) if the veterinary services are provided at premises owned or occupied by the owner, or person in control, of the relevant animal with the permission of that person; (d) if the veterinary services are provided in an emergency, or if it is impractical or dangerous to move the relevant animal; (e) if the veterinary services are provided in the course of teaching any science or research or experimentation pursuant to a licence under Part 4 of the Animal Welfare Act 1985; (f) any other circumstances prescribed by the regulations. (3) In proceedings for an offence under subsection (1), it is a defence for the defendant to prove that they did not know, and could not reasonably be expected to have known, that the premises were not registered premises. 51—Offence to carry on certain businesses other than at registered premises (1) A business consisting of, or including, the provision of veterinary services must not be carried on at premises that are not registered premises. (2) If veterinary services are provided in contravention of subsection (1), each prescribed person in respect of the business is guilty of an offence. Maximum penalty: $20 000. (3) However, this section does not apply in the following circumstances: (a) if the veterinary services provided at premises are only provided by telephone or other means of electronic communication without the relevant animal being present at the premises; (b) if the veterinary services are provided in the course of teaching any science or research or experimentation pursuant to a licence under Part 4 of the Animal Welfare Act 1985; (c) any other circumstances prescribed by the regulations. (4) In this section— prescribed person, in respect of a business, means— (a) in the case of a business carried on by an individual—that person; or (b) in the case of a business carried on by a partnership or other unincorporated body—each partner or member of the unincorporated body; or (c) in the case of a business carried on by a body corporate—each director and officer of the body corporate. 52—Veterinarian to hold certain insurance (1) A veterinarian must not provide veterinary services for money or other consideration unless insured in a manner and to an extent determined by the Board against civil liability incurred in the course of providing veterinary services. (2) The Board may exempt a veterinarian, or veterinarians of a class, from the requirements of this section. (3) An exemption under subsection (2) may be conditional or unconditional. Division 2—Improperly influencing veterinarians etc 53—Application of Division (1) This Division applies to the following persons: (a) an employer of a veterinarian; (b) a director, officer or employee of the employer of a veterinarian; (c) a person for or on behalf of whom a veterinarian provides veterinary services pursuant to a contract for services or other arrangement; (d) a veterinarian; (e) any other person, or person of a class, prescribed by the regulations, but does not apply to a person, or person of a class, prescribed by the regulations. (2) However, this Division does not apply to a person merely because the person is the owner, or has control, of an animal in relation to which a veterinarian provides veterinary services. 54—Undue influence A person to whom this Division applies must not, by dishonesty or undue influence, induce or attempt to induce a veterinarian to provide, or not provide, veterinary services, or veterinary services of a specified class. 55—Improper directions etc to veterinarian A person to whom this Division applies must not require, induce or encourage a veterinarian to engage in conduct in the course of providing veterinary services that would constitute unprofessional conduct, or that does not reflect current standards of veterinary practice in the State. Division 3—Other offences relating to veterinary practice etc 56—Offence to give, offer or accept benefit for recommendation or prescription (1) A person must not give, or offer to give, a veterinarian or a prescribed relative of a veterinarian a benefit as an inducement, consideration or reward for the veterinarian— (a) recommending that a prescribed veterinary service provided by the person be used in relation to an animal being treated by the veterinarian; or (b) prescribing a veterinary product manufactured, sold or supplied by the person, or recommending that such a product be used, in relation to an animal being treated by the veterinarian. (2) A veterinarian or a prescribed relative of a veterinarian must not accept from any person a benefit offered or given as an inducement, consideration or reward for the veterinarian— (a) recommending that a prescribed veterinary service provided by the person be used in relation to an animal being treated by the veterinarian; or (b) prescribing a veterinary product manufactured, sold or supplied by the person, or recommending that such a product be used, in relation to an animal being treated by the veterinarian. (3) In this section— benefit means money or any other consideration; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; prescribed relative, in relation to a veterinarian, means a parent, spouse, domestic partner, child, grandchild, brother or sister of the veterinarian; prescribed veterinary service means— (a) veterinary treatment, veterinary pathology or veterinary pharmaceutical services; or (b) any other service prescribed by the regulations to be a prescribed veterinary service for the purposes of this section; spouse—a person is the spouse of another if they are legally married; veterinary product means— (a) a veterinary pharmaceutical product; or (b) any other product prescribed by the regulations to be a veterinary product for the purposes of this section. 57—Illegal holding out as veterinarian or specialist (1) A person must not hold themselves out as a veterinarian, or a specialist or particular class of specialist, or permit another person to do so, unless the person does, in fact, have general registration, specialist registration, or registration in the relevant specialty, under this Act (as the case requires). (2) A person must not hold out another as a veterinarian, or a specialist or particular class of specialist unless the other person does, in fact, have general registration, specialist registration, or registration in the relevant specialty, under this Act (as the case requires). 58—Illegal holding out concerning limitations or conditions (1) A person whose registration under this Act is limited or subject to a condition must not hold themselves out as having or being taken to have a registration that is not limited or not subject to a condition or permit another person to do so. (2) A person must not hold out another whose registration under this Act is limited or subject to a condition as having or being taken to have a registration that is not limited or not subject to a condition. 59—Illegal holding out concerning registered premises (1) A person must not hold out that particular premises are registered under this Act unless those premises are, in fact, registered under this Act. (2) A person must not hold out that veterinary services, or veterinary services of a particular kind, are, or can be, provided at particular premises unless those services can, in fact, be lawfully provided at those premises. 60—Use of certain titles or descriptions prohibited (1) A person who does not have general registration, specialist registration or registration in a particular specialty under this Act (as the case requires) must not use a prescribed word, or its derivatives, to describe themselves or a service that they provide. (2) A person must not, in the course of advertising or promoting a service that they provide, use a prescribed word, or its derivatives, to describe a person who is engaged in the provision of the service but who does not have general registration, specialist registration or registration in a particular specialty under this Act (as the case requires). (3) In this section— prescribed word means— (a) in relation to general or specialist registration under this Act— (i) vet; or (ii) veterinarian; or (iii) veterinary practitioner; or (iv) veterinary surgeon; or (v) specialist; or (b) in relation to registration in a particular specialty under this Act— (i) the words comprising the name of the specialty; or (ii) the words comprising the name under a corresponding law of a corresponding specialty; or (c) any other word or expression prescribed by the regulations, but does not include a word or expression excluded from the ambit of this definition by the regulations (whether generally or in specified circumstances).