37Production of case histories, &c.

37 Production of case histories, &c.

(1)  [Section 37 Subsection (1) amended by No. 49 of 2011, s. 31, Applied:12 Dec 2012] [Section 37 Subsection (1) amended by No. 14 of 2002, s. 17, Applied:01 Sep 2002] [Section 37 Subsection (1) amended by No. 14 of 2002, s. 17, Applied:01 Sep 2002] [Section 37 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] Notwithstanding anything in any enactment, the Commission or a member of the staff of the Commission is not entitled to require a veterinary service entity, registered veterinary surgeon or registered veterinary specialist to produce for the purposes of the inspection by it, him or her, to inspect, or take possession of –

(a) [Section 37 Subsection (1) amended by No. 14 of 2002, s. 17, Applied:01 Sep 2002] [Section 37 Subsection (1) amended by No. 49 of 2011, s. 31, Applied:12 Dec 2012] the case history or similar veterinary record of a patient for whom the entity, surgeon or specialist has provided a veterinary service (not being a record to which paragraph (b) applies); or

(b) [Section 37 Subsection (1) amended by No. 14 of 2002, s. 17, Applied:01 Sep 2002] [Section 37 Subsection (1) amended by No. 49 of 2011, s. 31, Applied:12 Dec 2012] any records kept by the entity, surgeon or specialist under section 34  –

unless the Supreme Court has made an order authorizing the Commission or that member to do so.

(2)  The Supreme Court may, on the application of the Commission, make an order authorizing the Commission or a member of the staff of the Commission to do all or any of the acts mentioned in subsection (1) .

(3)  On the making of an order under subsection (2) , the Supreme Court may make such orders, including an order relating to the payment of costs, as it thinks fit.