Veterinary Services Act 2023
Sch 1Related amendments, repeals and transitional provisions
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Schedule 1—Related amendments, repeals and transitional provisions Part 1—Amendment of Agricultural and Veterinary Products (Control of Use) Act 2002 1—Amendment of section 3—Interpretation (1) Section 3(1), definition of veterinary product, (b)—delete "veterinary surgeon" wherever occurring and substitute: (2) Section 3(1), definition of veterinary surgeon—delete the definition and substitute: veterinarian means a person registered as a veterinarian under the Veterinary Services Act 2023; 2—Amendment of section 11—Supply of prescribed substances prepared by veterinary surgeon (1) Section 11, heading—delete "veterinary surgeon" and substitute: (2) Section 11(2)—delete "veterinary surgeon" wherever occurring and substitute in each case: 3—Amendment of section 14—Treatment of trade species animals in unauthorised manner Section 14(2)(b) and (5)—delete "veterinary surgeon" wherever occurring and substitute in each case: 4—Amendment of section 16—Responsibilities of veterinary surgeon in relation to withholding periods (1) Section 16, heading—delete "veterinary surgeon" and substitute: (2) Section 16—delete "veterinary surgeon" wherever occurring and substitute in each case: Part 2—Amendment of Animal Welfare Act 1985 5—Amendment of section 3—Interpretation Section 3, definition of veterinary surgeon—delete the definition and substitute: 6—Amendment of section 14A—Possession of certain items prohibited Section 14A(1)(c)—delete "veterinary surgeon" and substitute: 7—Amendment of section 23—Establishment of animal ethics committees by licensee Section 23(3)(a)—delete "veterinary surgeon" and substitute: 8—Amendment of section 34B—Power of veterinary surgeons to destroy animals (1) Section 34B, heading—delete "veterinary surgeons" and substitute: (2) Section 34B—delete "veterinary surgeon" and substitute: Part 3—Amendment of Controlled Substances Act 1984 9—Amendment of section 4—Interpretation Section 4(1), definition of veterinary surgeon—delete the definition and substitute: veterinarian means a person registered as a veterinarian under the Veterinary Services Act 2023; 10—Amendment of section 13—Manufacture and packing Section 13(1)(a)—delete "veterinary surgeon" and substitute: 11—Amendment of section 15—Sale or supply to end user Section 15(1)(a)—delete "veterinary surgeon" and substitute: 12—Amendment of section 17B—Storage and sale of certain precursors Section 17B(5)(b)—delete "veterinary surgeon" and substitute: 13—Amendment of section 17C—Regulation of sale of certain precursors Section 17C(3)(b)—delete "veterinary surgeon" and substitute: 14—Amendment of section 18—Regulation of prescription drugs (1) Section 18(1)(b)—delete paragraph (b) and substitute: (b) a veterinarian may prescribe a prescription drug (not being a drug of dependence) for an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession; (2) Section 18(1b)(c)—delete paragraph (c) and substitute: (c) a veterinarian may sell a prescription drug (not being a drug of dependence) by retail if the veterinarian is acting in the ordinary course of the veterinarian's profession; (3) Section 18(1c)(c)—delete paragraph (c) and substitute: (c) a veterinarian may supply a prescription drug (not being a drug of dependence) to a person for an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession; (4) Section 18(1d)(b)—delete paragraph (b) and substitute: (b) a veterinarian may administer a prescription drug (other than a drug of dependence) to an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession; (5) Section 18(1e)(c)—delete paragraph (c) and substitute: (c) a veterinarian may manufacture or pack a prescription drug (not being a drug of dependence) if the veterinarian is acting in the ordinary course of the veterinarian's profession; 15—Amendment of section 18A—Restriction of prescription or supply of drug of dependence in certain circumstances Section 18A(a1)(b)—delete paragraph (b) and substitute: (b) a veterinarian may prescribe a drug of dependence for an animal if the veterinarian is acting in the ordinary course of the veterinarian's profession. 16—Amendment of section 31—Application of Part Section 31(1)(ae)—delete paragraph (ae) and substitute: (ae) the manufacture, sale, supply or administration of a poison, or the sale or supply of equipment for use in connection with the consumption or administration of a poison, by a veterinarian if the veterinarian is acting in the ordinary course of the veterinarian's profession; or 17—Amendment of section 52—Power to search, seize etc Section 52(4)(a)—delete "veterinary surgeon" and substitute: 18—Amendment of section 58—Publication of information Section 58(1)(c)—delete "veterinary surgeons" and substitute: 19—Amendment of section 60—Minister may require certain information to be given Section 60(2)—delete "veterinary surgeon" wherever occurring and substitute in each case: Part 4—Amendment of Dog and Cat Management Act 1995 20—Amendment of section 4—Interpretation Section 4, definition of registered veterinary surgeon—delete the definition and substitute: registered veterinarian means a person registered as a veterinarian under the Veterinary Services Act 2023; 21—Amendment of section 45A—Miscellaneous duties relating to dogs Section 45A(3)—delete "veterinary surgeon" and substitute: 22—Amendment of section 62—Destruction or disposal of seized dog Section 62(3)(b)—delete "veterinary surgeon" wherever occurring and substitute in each case: 23—Amendment of section 63—Power to destroy cats Section 63(1)(d)(iv)—delete "veterinary surgeon" and substitute: 24—Amendment of section 64—Power to seize and detain cats Section 64(2)(a)—delete "veterinary surgeon" and substitute: 25—Amendment of section 64D—Notification to owner of dog or cat destroyed etc under Part Section 64D(3), definition of prescribed person, (f)—delete "veterinary surgeon" and substitute: Part 5—Amendment of Health Care Act 2008 26—Amendment of section 31—General powers of incorporated hospital Section 31(1a)(f)(i)—delete "veterinary surgeons" and substitute: Part 6—Amendment of Health Practitioner Regulation National Law (South Australia) Act 2010 27—Amendment of section 26—Interpretation (1) Section 26(1), definition of restricted pharmacy services, (a)—delete "veterinary surgeon" and substitute: (2) Section 26(1), definition of veterinary surgeon—delete the definition and substitute: Part 7—Amendment of Livestock Act 1997 28—Amendment of section 3—Interpretation—general (1) Section 3(1), definition of veterinary diagnostic laboratory—delete "veterinary surgeon" wherever occurring and substitute in each case: (2) Section 3(1), definition of veterinary surgeon—delete the definition and substitute: 29—Amendment of section 19—Requirement for registration to perform artificial breeding procedure Section 19(2)(a)—delete "veterinary surgeon" and substitute: 30—Amendment of section 27—Requirement to report notifiable conditions Section 27(2)—delete "veterinary surgeon" wherever occurring and substitute in each case: 31—Amendment of section 49—Claims for compensation from Fund Section 49(2)(a)(i)(A)—delete "veterinary surgeon" and substitute: 32—Amendment of section 68—General powers of inspectors Section 68(6)—delete subsection (6) and substitute: (6) An inspector (who is not a veterinarian) must not carry out any veterinary services within the meaning of the Veterinary Services Act 2023 unless authorised by the Chief Inspector to carry out veterinary services of that kind. Part 8—Repeal of Veterinary Practice Act 2003 33—Repeal of Act The Veterinary Practice Act 2003 is repealed. Part 9—Transitional provisions 34—Continuation of Board membership (1) Subject to this Act, a member of the Board in office immediately before the commencement of this clause continues in office on the conditions, and for the remainder of the term, specified in the instrument of appointment. (2) Section 6(2) to (4) will be taken not to apply in relation to the continuation of members of the Board under this clause. 35—Chair of Board Despite section 6(5), but otherwise subject to this Act, the presiding member of the Veterinary Surgeons Board of South Australia immediately before the commencement of this clause continues as the Chair of the Board for the remainder of their term of appointment. 36—Deputy of member An appointment of a deputy of a member in force immediately before the commencement of this clause continues in accordance with its terms. 37—Total consecutive terms of office The term of office held by a member of the Board at the time this clause commences (the current term), and any previous terms of office held by the member consecutive with the current term, will be taken into account in determining the total consecutive terms of office for the purposes of section 7(2). 38—Governance training (1) Section 12 does not apply to a member of the Board who continues in office in accordance with clause 34(1). (2) However, such a member must comply with any direction of the Minister in respect of training related to corporate governance. 39—Codes, standards and guidelines (1) Subject to this Act, a code of conduct, professional standard or guidelines prepared or endorsed by the Veterinary Surgeons Board of South Australia and in force immediately before the commencement of this clause continues as a code of conduct, professional standard or guidelines for the purposes of this Act. (2) The Board must review and, if necessary, update the codes, standards and guidelines referred to in subclause (1)— (a) in the case of a code, standard or guidelines prepared or endorsed by the Veterinary Surgeons Board of South Australia more than 5 years before the commencement of this clause—within 2 years after the commencement of this clause; or (b) in the case of a code, standard or guidelines prepared or endorsed by the Veterinary Surgeons Board of South Australia less than 5 years before the commencement of this clause—within 3 years after the commencement of this clause. 40—References to Veterinary Surgeons Board of South Australia etc (1) A reference in a contract or any other instrument to the Veterinary Surgeons Board of South Australia will be taken to be a reference to the Board. (2) Unless the contrary intention appears, a reference in a contract or any other instrument to— (a) a veterinary surgeon will be taken to be a reference to a veterinarian; and (b) veterinary treatment will be taken to be a reference to veterinary services. 41—Delegations A delegation in force under the Veterinary Practice Act 2003 immediately before the commencement of this clause is, by force of this clause, revoked. 42—Executive Officer (1) The person holding the office of Registrar of the Board under section 10 of the Veterinary Practice Act 2003 immediately before the commencement of this clause continues as the Executive Officer of the Board. (2) The appointment of the Executive Officer under subclause (1)— (a) has effect on the conditions, and for the remainder of the term, specified in the instrument of appointment; and (b) will, for the purposes of this Act, be taken to be an appointment under section 24. 43—Continuation of registers The registers referred to in section 26(1) of the Veterinary Practice Act 2003 continue in existence as the corresponding registers under section 27. 44—Continuation of registration (1) A person whose name is on the general register or the specialist register immediately following the commencement of this clause will be taken to be registered under this Act on the relevant register. (2) Subject to this Act, any restrictions, limitations or conditions that applied to the registration of the person under the Veterinary Practice Act 2003 immediately before the commencement of this clause will be taken to continue to apply to the registration of the person under this Act as if they had been imposed by the Board under this Act. 45—Applications (1) An application under section 33(1) of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 28(6). (2) An application under section 34(1) of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 30(1). (3) An application under section 35 of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 31. (4) An application under section 37 of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 28(10). (5) An application under section 38B of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 36(4). (6) An application under section 38D(2) of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 36(2). (7) An application under section 38E(3) of the Veterinary Practice Act 2003 but not determined before the commencement of this clause will be taken to be an application under section 37(3). 46—Exemptions Subject to this Act, an exemption granted by the Board or the Governor under the Veterinary Practice Act 2003 will continue in accordance with its terms and will, for the purposes of this Act, be taken to be an exemption granted by the Minister under section 89. 47—Registration of premises (1) A facility with accreditation as a veterinary hospital under section 53 of the Veterinary Practice Act 2003 in force immediately before the commencement of this clause will be taken to be premises registered under Part 4. (2) Subject to this Act, any restrictions, limitations or conditions that applied to the accreditation of the facility under the Veterinary Practice Act 2003 immediately before the commencement of this clause will be taken to continue to apply to the registration of the premises under this Act as if they had been imposed by the Board under this Act. (3) Subject to this Act, registration of premises under this clause will remain in force for the remainder of the period of accreditation under the Veterinary Practice Act 2003. Legislative history Notes • Amendments of this version that are uncommenced are not incorporated into the text. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Veterinary Services Act 2023 7.12.2023 1.7.2026 (Gazette 20.11.2025 p4496) except Sch 1 (Pt 4)—uncommenced Animal Welfare Act 2025 27.2.2025 Sch 1 (cll 8 & 9)—uncommenced