(1) Where, after holding an inquiry, the Board finds that a registered veterinary surgeon or registered veterinary specialist –
(a) is no longer entitled to be so registered on the ground that –
(i) when he applied for registration he made a false or misleading statement; or
(ii) he no longer has, or is no longer entitled to have, the diploma, certificate, or other academic qualification by virtue of which he is registered;
(b) has been convicted in this State of a crime or an offence which is punishable by imprisonment for a term of not less than 6 months or has been convicted elsewhere than in the State of an offence which, if committed in this State, would be a crime or an offence so punishable;
(h) has had a finding against him made by a disciplinary authority exercising jurisdiction in accordance with a law of another State or a Territory of the Commonwealth, or of a place outside the Commonwealth, being a law relating to the practice of veterinary surgery to the effect that he is guilty of misconduct in relation to the practice by him of veterinary surgery in that other State, or that Territory or place, and that misconduct would, if committed in this State, have justified the Board in making an order in respect of him under this section –
the Board shall make such determination or determinations specified in subsection (2) as it considers appropriate in the circumstances, but, if the Board does not so find, it shall dismiss the complaint.
(2) *[Section 46 Subsection (2) amended by No. 67 of 1994, s. 3 and Sched. 1 ]*For the purposes of subsection (1) , the following determinations are specified:
(c) a determination imposing a fine not exceeding 50 penalty units;
(d) a determination imposing on that person a condition, limitation, or restriction subject to which he may continue to practise veterinary surgery.
(3) Notwithstanding the provisions of subsection (1) , where the Board finds that a registered veterinary surgeon or registered veterinary specialist is guilty of misconduct in a professional respect but the Board is not satisfied that he is, by reason of that misconduct, unfit to continue to practise veterinary surgery, the Board may caution or reprimand him.
(7) Where the Board cancels the registration of a person under this section, the Board shall remove the entry in the register relating to that person in respect of that registration.
(8) [Section 46 Subsection (8) amended by No. 49 of 2011, s. 38, Applied:12 Dec 2012] Where the Board cancels the registration of a person under this section or imposes a prohibition on a person under subsection (2)(ba) , it may fix a time before which that person is not eligible to make application to be registered and, where any such time is fixed, the Board is not obliged to consider any such application before that time.
(9) Where, as a result of a complaint made under section 43 , the Board could have made a determination referred to in subsection (2)(b) if the person against whom the complaint was made had, at the time of the hearing, been registered, it may, notwithstanding that that person's registration has been cancelled, fix a time before which that person is not eligible to make an application to be registered again and, where any such time is fixed, the Board is not obliged to consider any application for registration made by that person before that time.
(a) fails to comply with a determination made under subsection (2)(c) ; or
(b) fails to comply with, or contravenes, a determination made under subsection (2)(d) –
the Board may suspend or cancel the registration of that person under Part IV , or impose a prohibition on the person under subsection (2)(ba) , without holding a further inquiry.