Sets detailed rules that implement the Veterinary Surgeons Act. It lists routine animal‑husbandry acts that are not 'veterinary science' (s3), prescribes board election procedures including electronic and postal voting (pts 3, ss6–19A), recognises qualifications and prescribed exams and specialties for registration (ss20–22), and requires signage, clinical records and continuing‑education records with retention periods and penalties (ss23–25). Veterinary surgeons bear the compliance costs (signage, recordkeeping, education; penalties in ss23–24). The board and returning officer control elections and electoral security (ss10,13,16).
This Regulation (Veterinary Surgeons Regulation 2016) sets out detailed procedural, record‑keeping, qualification, election and administrative rules that implement and augment the Veterinary Surgeons Act (the Act). It commences 1 September 2016 (s 2). Mechanically, the Regulation:
Prescribes specific animal husbandry and animal dentistry acts that are not “veterinary science” for the purposes of the Act (s 3), including age thresholds for castrating, dehorning and tailing, and an express description of the Willis dropped‑ovary spaying technique and the instrument used for it (s 3 definitions and paras (a)-(k)).
Establishes a detailed election regime for electing members of the Veterinary Surgeons Board where elections are required (Part 3). That regime covers definitions (s 4), notice and nomination requirements (ss 6-7), when candidates are elected without a ballot (s 8), and the full ballot procedures when more than two candidates are nominated (ss 9-19A). The rules prescribe timings for notices (s 6: at least 3 months before the appointed day), nomination content and signatories (s 7), ballot notice timing (s 11: at least 35 days before the appointed day), preparation and format of ballot forms (ss 12-14), how to vote (s 15), electronic voting system requirements including privacy and identification (s 13), ballot security and counting procedures (ss 16-18), tie resolution by draw (s 19), and public notice of results (s 19A).
Sets out which veterinary qualifications, examinations and specialist recognitions will be accepted for registration, including accredited degrees and certain membership/examination pathways and the prescribed period for provisional registration (s 20), specialist qualifications (s 21) and the prescription of veterinary specialties (s 22).
Current sections
Direct links to the current provisions in Veterinary Surgeons Regulation 2016.
46
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Veterinary Surgeons Regulation 2016 .
(sec.1-ssec) This regulation may be cited as the Veterinary Surgeons Regulation 2016 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 September 2016.
(sec.2-ssec) This regulation commences on 1 September 2016.
pt.2
Acts that are not veterinary science
Acts that are not veterinary science
sec.3
Particular acts are not veterinary science— Act , s 2A
sec.3 Particular acts are not veterinary science— Act , s 2A
For section 2A (3) (a) of the Act , the following acts done for animal husbandry or animal dentistry are not veterinary science—
castrating—
cattle or sheep of less than 6 months; or
goats of less than 2 months; or
pigs of less than 3 weeks;
dehorning—
cattle of less than 6 months; or
goats or sheep of less than 3 months;
spaying cattle using the Willis dropped-ovary technique;
tailing sheep of less than 6 months;
mulesing sheep of less than 1 year;
filing or rasping a horse’s teeth;
artificial insemination of cattle, deer, goats, pigs or sheep;
teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle;
pregnancy testing of cattle using rectal palpation or transrectal ultrasound by a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme;
injecting an animal with lidocaine, if—
the lidocaine comprises not more than 2% of an injectable preparation that—
is packaged in a container designed to be resistant to being opened; and
can only be administered through a rubber ring applicator that includes an injector; and
the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
spraying an animal wound with lidocaine, if—
the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and
the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
In this section—
approved cattle procedures accreditation scheme see the Animal Care and Protection Act 2001 , section 93A .
prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has—
a handle in the shape of the letter ‘T’; and
at its other end, a flattened spearhead with a slit that—
is in the forward end of the spearhead; and
has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
joins an oval hole at the other end of the slit.
Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdomen by using a prescribed instrument to—
enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and
place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and
sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
s 3 amd 2022 Act No. 35 s 52 ; 2023 SL No. 167 s 3
(sec.3-ssec.1) For section 2A (3) (a) of the Act , the following acts done for animal husbandry or animal dentistry are not veterinary science— castrating— cattle or sheep of less than 6 months; or goats of less than 2 months; or pigs of less than 3 weeks; dehorning— cattle of less than 6 months; or goats or sheep of less than 3 months; spaying cattle using the Willis dropped-ovary technique; tailing sheep of less than 6 months; mulesing sheep of less than 1 year; filing or rasping a horse’s teeth; artificial insemination of cattle, deer, goats, pigs or sheep; teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle; pregnancy testing of cattle using rectal palpation or transrectal ultrasound by a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme; injecting an animal with lidocaine, if— the lidocaine comprises not more than 2% of an injectable preparation that— is packaged in a container designed to be resistant to being opened; and can only be administered through a rubber ring applicator that includes an injector; and the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d); spraying an animal wound with lidocaine, if— the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(sec.3-ssec.2) In this section— approved cattle procedures accreditation scheme see the Animal Care and Protection Act 2001 , section 93A . prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has— a handle in the shape of the letter ‘T’; and at its other end, a flattened spearhead with a slit that— is in the forward end of the spearhead; and has a sharp edge at the end of the slit closest to the forward end of the spearhead; and joins an oval hole at the other end of the slit. Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdomen by using a prescribed instrument to— enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
(a) castrating— (i) cattle or sheep of less than 6 months; or (ii) goats of less than 2 months; or (iii) pigs of less than 3 weeks;
(i) cattle or sheep of less than 6 months; or
(ii) goats of less than 2 months; or
(iii) pigs of less than 3 weeks;
(b) dehorning— (i) cattle of less than 6 months; or (ii) goats or sheep of less than 3 months;
(i) cattle of less than 6 months; or
(ii) goats or sheep of less than 3 months;
(c) spaying cattle using the Willis dropped-ovary technique;
(d) tailing sheep of less than 6 months;
(e) mulesing sheep of less than 1 year;
(f) filing or rasping a horse’s teeth;
(g) artificial insemination of cattle, deer, goats, pigs or sheep;
(h) teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle;
(i) pregnancy testing of cattle using rectal palpation or transrectal ultrasound by a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme;
(j) injecting an animal with lidocaine, if— (i) the lidocaine comprises not more than 2% of an injectable preparation that— (A) is packaged in a container designed to be resistant to being opened; and (B) can only be administered through a rubber ring applicator that includes an injector; and (ii) the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
(i) the lidocaine comprises not more than 2% of an injectable preparation that— (A) is packaged in a container designed to be resistant to being opened; and (B) can only be administered through a rubber ring applicator that includes an injector; and
(A) is packaged in a container designed to be resistant to being opened; and
(B) can only be administered through a rubber ring applicator that includes an injector; and
(ii) the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
(k) spraying an animal wound with lidocaine, if— (i) the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and (ii) the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(i) the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and
(ii) the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(i) cattle or sheep of less than 6 months; or
(ii) goats of less than 2 months; or
(iii) pigs of less than 3 weeks;
(i) cattle of less than 6 months; or
(ii) goats or sheep of less than 3 months;
(i) the lidocaine comprises not more than 2% of an injectable preparation that— (A) is packaged in a container designed to be resistant to being opened; and (B) can only be administered through a rubber ring applicator that includes an injector; and
(A) is packaged in a container designed to be resistant to being opened; and
(B) can only be administered through a rubber ring applicator that includes an injector; and
(ii) the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
(A) is packaged in a container designed to be resistant to being opened; and
(B) can only be administered through a rubber ring applicator that includes an injector; and
(i) the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and
(ii) the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(a) a handle in the shape of the letter ‘T’; and
(b) at its other end, a flattened spearhead with a slit that— (i) is in the forward end of the spearhead; and (ii) has a sharp edge at the end of the slit closest to the forward end of the spearhead; and (iii) joins an oval hole at the other end of the slit.
(i) is in the forward end of the spearhead; and
(ii) has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
(iii) joins an oval hole at the other end of the slit.
(i) is in the forward end of the spearhead; and
(ii) has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
(iii) joins an oval hole at the other end of the slit.
(a) enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and
(b) place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and
(c) sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
pt.3
Procedures for the election of board members
Procedures for the election of board members
pt.3-div.1
Preliminary
Preliminary
sec.4
Definitions for part
sec.4 Definitions for part
In this part—
appointed day , for an election, means the day appointed by the board for the election under section 8 (2) of the Act .
ballot envelope , for a ballot for an election, means an envelope given to an eligible veterinary surgeon for the ballot under section 14 (2) (c) .
closing time , for a ballot for an election, see section 10 (3) .
election means an election of the elected members under section 8 of the Act .
electronic ballot form , for a ballot for an election, means a ballot form prepared for the ballot under section 12 (1) (b) .
electronic vote , in a ballot for an election, means a vote in the ballot using the electronic ballot form and electronic voting system for the ballot.
electronic voting system , for a ballot for an election, means an electronic system prepared for the ballot under section 12 (1) (a) .
nomination notice , for an election, means a notice published under section 6 (a) in relation to the election.
paper ballot form , for a ballot for an election, means a ballot form prepared for the ballot under section 12 (1) (c) .
postal vote , in a ballot for an election, means a vote in the ballot using a paper ballot form for the ballot.
return envelope , for a ballot for an election, means an envelope given to an eligible veterinary surgeon for the ballot under section 14 (2) (d) .
voting services provider , for a ballot for an election, means an entity engaged by the board to administer voting, and count and record votes, in the ballot.
s 4 sub 2023 SL No. 167 s 4
pt.3-div.2
Notice of appointed day for election and nomination of candidates
Notice of appointed day for election and nomination of candidates
sec.5
Application of division
sec.5 Application of division
This division applies if, under section 8 (2) of the Act , the board appoints a day for an election.
s 5 sub 2023 SL No. 167 s 4
sec.6
Notice of election and call for nominations
sec.6 Notice of election and call for nominations
The returning officer must, at least 3 months before the appointed day for the election—
publish a notice, on the board’s website, stating—
the appointed day; and
that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and
the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
give each eligible veterinary surgeon a copy of the notice.
s 6 sub 2023 SL No. 167 s 4
(a) publish a notice, on the board’s website, stating— (i) the appointed day; and (ii) that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and (iii) the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
(i) the appointed day; and
(ii) that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and
(iii) the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
(b) give each eligible veterinary surgeon a copy of the notice.
(i) the appointed day; and
(ii) that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and
(iii) the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
sec.7
Requirements for nominations
sec.7 Requirements for nominations
An eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election.
The nomination must—
state the full name of the candidate; and
be signed by—
the candidate; and
at least 3 other eligible veterinary surgeons; and
be given to the returning officer by the time stated in the nomination notice for the election under section 6 (a) (iii) .
A nomination may be accompanied by a written statement by the candidate, of not more than 200 words, introducing the candidate and describing their qualifications and experience.
s 7 sub 2023 SL No. 167 s 4
(sec.7-ssec.1) An eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election.
(sec.7-ssec.2) The nomination must— state the full name of the candidate; and be signed by— the candidate; and at least 3 other eligible veterinary surgeons; and be given to the returning officer by the time stated in the nomination notice for the election under section 6 (a) (iii) .
(sec.7-ssec.3) A nomination may be accompanied by a written statement by the candidate, of not more than 200 words, introducing the candidate and describing their qualifications and experience.
(a) state the full name of the candidate; and
(b) be signed by— (i) the candidate; and (ii) at least 3 other eligible veterinary surgeons; and
(i) the candidate; and
(ii) at least 3 other eligible veterinary surgeons; and
(c) be given to the returning officer by the time stated in the nomination notice for the election under section 6 (a) (iii) .
(i) the candidate; and
(ii) at least 3 other eligible veterinary surgeons; and
pt.3-div.3
Procedure if only 1 or 2 candidates nominated
Procedure if only 1 or 2 candidates nominated
sec.8
Candidates elected without ballot
sec.8 Candidates elected without ballot
This section applies if only 1 or 2 candidates are nominated for an election under section 7 .
The candidates are elected to the board without a ballot being conducted for the election.
The returning officer must, as soon as reasonably practicable after the nomination day for the election—
publish a notice, on the board’s website, stating the following for each candidate—
the candidate’s name;
that the candidate has been elected as an elected member; and
give each candidate a copy of the notice.
In this section—
nomination day , for an election, means the day stated in the nomination notice for the election under section 6 (a) (iii) .
s 8 sub 2023 SL No. 167 s 4
(sec.8-ssec.1) This section applies if only 1 or 2 candidates are nominated for an election under section 7 .
(sec.8-ssec.2) The candidates are elected to the board without a ballot being conducted for the election.
(sec.8-ssec.3) The returning officer must, as soon as reasonably practicable after the nomination day for the election— publish a notice, on the board’s website, stating the following for each candidate— the candidate’s name; that the candidate has been elected as an elected member; and give each candidate a copy of the notice.
(sec.8-ssec.4) In this section— nomination day , for an election, means the day stated in the nomination notice for the election under section 6 (a) (iii) .
(a) publish a notice, on the board’s website, stating the following for each candidate— (i) the candidate’s name; (ii) that the candidate has been elected as an elected member; and
(i) the candidate’s name;
(ii) that the candidate has been elected as an elected member; and
(b) give each candidate a copy of the notice.
(i) the candidate’s name;
(ii) that the candidate has been elected as an elected member; and
pt.3-div.4
Procedure if more than 2 candidates nominated
Procedure if more than 2 candidates nominated
sec.9
Application of division
sec.9 Application of division
This division applies if more than 2 candidates are nominated for an election under section 7 .
However, if, before the appointed day for the election, 1 or more candidates withdraw their nomination so that 2 or fewer candidates remain nominated—
this division stops applying for the election; and
if 1 or 2 candidates remain nominated— division 3 applies for the election.
See also section 9 of the Act .
s 9 sub 2023 SL No. 167 s 4
(sec.9-ssec.1) This division applies if more than 2 candidates are nominated for an election under section 7 .
(sec.9-ssec.2) However, if, before the appointed day for the election, 1 or more candidates withdraw their nomination so that 2 or fewer candidates remain nominated— this division stops applying for the election; and if 1 or 2 candidates remain nominated— division 3 applies for the election. See also section 9 of the Act .
(a) this division stops applying for the election; and
(b) if 1 or 2 candidates remain nominated— division 3 applies for the election. Note— See also section 9 of the Act .
sec.10
Returning officer to conduct ballot
sec.10 Returning officer to conduct ballot
The returning officer must conduct a ballot for the election under this division.
The returning officer must decide the time, on the appointed day for the election, by which all votes must be cast in the ballot under this division.
The time decided by the returning officer under subsection (2) is the closing time for the ballot.
s 10 sub 2023 SL No. 167 s 4
(sec.10-ssec.1) The returning officer must conduct a ballot for the election under this division.
(sec.10-ssec.2) The returning officer must decide the time, on the appointed day for the election, by which all votes must be cast in the ballot under this division.
(sec.10-ssec.3) The time decided by the returning officer under subsection (2) is the closing time for the ballot.
sec.11
Notice of ballot
sec.11 Notice of ballot
The returning officer must, at least 35 days before the appointed day for the election, publish a notice, on the board’s website, stating the following—
the appointed day;
the closing time for the ballot;
whether the returning officer or a voting services provider for the ballot will administer voting in the ballot;
the name and contact details of the entity administering voting in the ballot;
that the ballot will be decided on a first-past-the-post basis;
that each eligible veterinary surgeon is entitled to 1 vote in the ballot;
instructions on how an eligible veterinary surgeon may cast a vote in the ballot under section 15 .
s 11 sub 2023 SL No. 167 s 4
(a) the appointed day;
(b) the closing time for the ballot;
(c) whether the returning officer or a voting services provider for the ballot will administer voting in the ballot;
(d) the name and contact details of the entity administering voting in the ballot;
(e) that the ballot will be decided on a first-past-the-post basis;
(f) that each eligible veterinary surgeon is entitled to 1 vote in the ballot;
(g) instructions on how an eligible veterinary surgeon may cast a vote in the ballot under section 15 .
sec.12
Preparation of electronic voting system and ballot forms
sec.12 Preparation of electronic voting system and ballot forms
The returning officer must, as soon as practicable after publishing a notice under section 11 in relation to the ballot, ensure each of the following is prepared for the ballot—
an electronic system by which electronic votes may be cast in the ballot;
a ballot form with which a vote in the ballot may be cast electronically using the system;
a ballot form with which a vote in the ballot may be cast physically.
Each ballot form must list the names of the candidates in the ballot in alphabetical order.
s 12 sub 2023 SL No. 167 s 4
(sec.12-ssec.1) The returning officer must, as soon as practicable after publishing a notice under section 11 in relation to the ballot, ensure each of the following is prepared for the ballot— an electronic system by which electronic votes may be cast in the ballot; a ballot form with which a vote in the ballot may be cast electronically using the system; a ballot form with which a vote in the ballot may be cast physically.
(sec.12-ssec.2) Each ballot form must list the names of the candidates in the ballot in alphabetical order.
(a) an electronic system by which electronic votes may be cast in the ballot;
(b) a ballot form with which a vote in the ballot may be cast electronically using the system;
(c) a ballot form with which a vote in the ballot may be cast physically.
sec.13
Requirements for electronic voting system
sec.13 Requirements for electronic voting system
The electronic voting system for the ballot must—
be accessible, free of charge, on a website; and
be able to facilitate the casting of electronic votes in the ballot; and
be able to count and record the electronic votes cast for each candidate in the ballot using the system; and
for each eligible veterinary surgeon who casts an electronic vote in the ballot using the system—
allow the returning officer and any other entity administering the ballot to identify the surgeon and how the surgeon voted; and
not allow anyone else to identify the surgeon or how the surgeon voted; and
include, in a way that is accessible to an eligible veterinary surgeon using the system—
instructions on how to cast an electronic vote in the ballot using the system; and
any written statement of a candidate in the ballot that accompanied the nomination of the candidate under section 7 (3) .
s 13 sub 2023 SL No. 167 s 4
(a) be accessible, free of charge, on a website; and
(b) be able to facilitate the casting of electronic votes in the ballot; and
(c) be able to count and record the electronic votes cast for each candidate in the ballot using the system; and
(d) for each eligible veterinary surgeon who casts an electronic vote in the ballot using the system— (i) allow the returning officer and any other entity administering the ballot to identify the surgeon and how the surgeon voted; and (ii) not allow anyone else to identify the surgeon or how the surgeon voted; and
(i) allow the returning officer and any other entity administering the ballot to identify the surgeon and how the surgeon voted; and
(ii) not allow anyone else to identify the surgeon or how the surgeon voted; and
(e) include, in a way that is accessible to an eligible veterinary surgeon using the system— (i) instructions on how to cast an electronic vote in the ballot using the system; and (ii) any written statement of a candidate in the ballot that accompanied the nomination of the candidate under section 7 (3) .
(i) instructions on how to cast an electronic vote in the ballot using the system; and
(ii) any written statement of a candidate in the ballot that accompanied the nomination of the candidate under section 7 (3) .
(i) allow the returning officer and any other entity administering the ballot to identify the surgeon and how the surgeon voted; and
(ii) not allow anyone else to identify the surgeon or how the surgeon voted; and
(i) instructions on how to cast an electronic vote in the ballot using the system; and
(ii) any written statement of a candidate in the ballot that accompanied the nomination of the candidate under section 7 (3) .
sec.14
Paper ballot form and other material to be provided on request
sec.14 Paper ballot form and other material to be provided on request
An eligible veterinary surgeon may, at least 28 days before the appointed day for the election, ask the entity administering voting in the ballot for a copy of the paper ballot form for the ballot.
The entity administering the voting must give the eligible veterinary surgeon each of the following for the ballot at least 14 days before the appointed day—
a copy of the paper ballot form;
instructions on how to cast a postal vote in the ballot under section 15 ;
an unsealed envelope marked ‘ballot envelope’;
another unsealed envelope addressed to the entity.
s 14 sub 2023 SL No. 167 s 4
(sec.14-ssec.1) An eligible veterinary surgeon may, at least 28 days before the appointed day for the election, ask the entity administering voting in the ballot for a copy of the paper ballot form for the ballot.
(sec.14-ssec.2) The entity administering the voting must give the eligible veterinary surgeon each of the following for the ballot at least 14 days before the appointed day— a copy of the paper ballot form; instructions on how to cast a postal vote in the ballot under section 15 ; an unsealed envelope marked ‘ballot envelope’; another unsealed envelope addressed to the entity.
(a) a copy of the paper ballot form;
(b) instructions on how to cast a postal vote in the ballot under section 15 ;
(c) an unsealed envelope marked ‘ballot envelope’;
(d) another unsealed envelope addressed to the entity.
sec.15
Voting
sec.15 Voting
An eligible veterinary surgeon may vote in the ballot using an electronic ballot form or paper ballot form for the ballot.
The vote must be cast—
by marking the ballot form opposite the name of 1 candidate in the ballot; and
before the closing time for the ballot.
To cast the vote using the electronic ballot form, the eligible veterinary surgeon must use the form and the electronic voting system for the ballot in accordance with the instructions included in the system under section 13 (e) (i) .
To cast the vote using the paper ballot form, the eligible veterinary surgeon must, after marking the form as required under subsection (2) (a) —
put the form in a ballot envelope for the ballot and seal the envelope; and
put the ballot envelope in the return envelope for the ballot and seal the return envelope; and
write the surgeon’s name, registration number and signature on the return envelope; and
post or deliver the return envelope to the entity administering voting in the ballot so that the entity receives the envelope before the closing time for the ballot.
In this section—
registration number , of an eligible veterinary surgeon, means the number assigned by the board to the surgeon’s name on the register of veterinary surgeons.
s 15 sub 2023 SL No. 167 s 4
(sec.15-ssec.1) An eligible veterinary surgeon may vote in the ballot using an electronic ballot form or paper ballot form for the ballot.
(sec.15-ssec.2) The vote must be cast— by marking the ballot form opposite the name of 1 candidate in the ballot; and before the closing time for the ballot.
(sec.15-ssec.3) To cast the vote using the electronic ballot form, the eligible veterinary surgeon must use the form and the electronic voting system for the ballot in accordance with the instructions included in the system under section 13 (e) (i) .
(sec.15-ssec.4) To cast the vote using the paper ballot form, the eligible veterinary surgeon must, after marking the form as required under subsection (2) (a) — put the form in a ballot envelope for the ballot and seal the envelope; and put the ballot envelope in the return envelope for the ballot and seal the return envelope; and write the surgeon’s name, registration number and signature on the return envelope; and post or deliver the return envelope to the entity administering voting in the ballot so that the entity receives the envelope before the closing time for the ballot.
(sec.15-ssec.5) In this section— registration number , of an eligible veterinary surgeon, means the number assigned by the board to the surgeon’s name on the register of veterinary surgeons.
(a) by marking the ballot form opposite the name of 1 candidate in the ballot; and
(b) before the closing time for the ballot.
(a) put the form in a ballot envelope for the ballot and seal the envelope; and
(b) put the ballot envelope in the return envelope for the ballot and seal the return envelope; and
(c) write the surgeon’s name, registration number and signature on the return envelope; and
(d) post or deliver the return envelope to the entity administering voting in the ballot so that the entity receives the envelope before the closing time for the ballot.
sec.16
Electronic vote and ballot box security
sec.16 Electronic vote and ballot box security
The returning officer must ensure that—
appropriate measures are in place to keep the electronic voting system for the ballot secure from interference at all times; and
a ballot box is kept as required under subsection (2) .
The ballot box must be—
kept in a safe place; and
sealed in a way that—
allows ballot envelopes for the ballot to be put in the box until the closing time for the ballot; and
prevents the ballot envelopes from being taken out of the box until votes for the ballot are to be counted.
On receiving a return envelope for the ballot on which an eligible veterinary surgeon’s name, registration number and signature are written, the entity administering voting in the ballot must—
open the return envelope; and
take the ballot envelope for the ballot out of the return envelope; and
place the ballot envelope in the ballot box kept for the ballot.
s 16 sub 2023 SL No. 167 s 4
(sec.16-ssec.1) The returning officer must ensure that— appropriate measures are in place to keep the electronic voting system for the ballot secure from interference at all times; and a ballot box is kept as required under subsection (2) .
(sec.16-ssec.2) The ballot box must be— kept in a safe place; and sealed in a way that— allows ballot envelopes for the ballot to be put in the box until the closing time for the ballot; and prevents the ballot envelopes from being taken out of the box until votes for the ballot are to be counted.
(sec.16-ssec.3) On receiving a return envelope for the ballot on which an eligible veterinary surgeon’s name, registration number and signature are written, the entity administering voting in the ballot must— open the return envelope; and take the ballot envelope for the ballot out of the return envelope; and place the ballot envelope in the ballot box kept for the ballot.
(a) appropriate measures are in place to keep the electronic voting system for the ballot secure from interference at all times; and
(b) a ballot box is kept as required under subsection (2) .
(a) kept in a safe place; and
(b) sealed in a way that— (i) allows ballot envelopes for the ballot to be put in the box until the closing time for the ballot; and (ii) prevents the ballot envelopes from being taken out of the box until votes for the ballot are to be counted.
(i) allows ballot envelopes for the ballot to be put in the box until the closing time for the ballot; and
(ii) prevents the ballot envelopes from being taken out of the box until votes for the ballot are to be counted.
(i) allows ballot envelopes for the ballot to be put in the box until the closing time for the ballot; and
(ii) prevents the ballot envelopes from being taken out of the box until votes for the ballot are to be counted.
(a) open the return envelope; and
(b) take the ballot envelope for the ballot out of the return envelope; and
(c) place the ballot envelope in the ballot box kept for the ballot.
sec.17
Accepting, rejecting and counting postal votes
sec.17 Accepting, rejecting and counting postal votes
After the closing time for the ballot, the entity administering voting in the ballot must—
identify each eligible veterinary surgeon who cast an electronic vote in the ballot; and
do the following in the presence of at least 2 witnesses—
open each ballot envelope for the ballot that is in the ballot box for the ballot;
remove the paper ballot form for the ballot from the envelope;
if the ballot form is marked as required under section 15 (2) (a) by an eligible veterinary surgeon who has not cast an electronic vote in the ballot—accept the form;
if the ballot form does not comply with subparagraph (iii) —reject the form;
count and record the number of votes on the accepted ballot forms for each candidate in the ballot.
Despite subsection (1) (b) (iv) , the entity counting the votes may accept a ballot form marked other than as required under section 15 (2) (a) if the entity considers the voter’s intention is clear.
s 17 sub 2023 SL No. 167 s 4
(sec.17-ssec.1) After the closing time for the ballot, the entity administering voting in the ballot must— identify each eligible veterinary surgeon who cast an electronic vote in the ballot; and do the following in the presence of at least 2 witnesses— open each ballot envelope for the ballot that is in the ballot box for the ballot; remove the paper ballot form for the ballot from the envelope; if the ballot form is marked as required under section 15 (2) (a) by an eligible veterinary surgeon who has not cast an electronic vote in the ballot—accept the form; if the ballot form does not comply with subparagraph (iii) —reject the form; count and record the number of votes on the accepted ballot forms for each candidate in the ballot.
(sec.17-ssec.2) Despite subsection (1) (b) (iv) , the entity counting the votes may accept a ballot form marked other than as required under section 15 (2) (a) if the entity considers the voter’s intention is clear.
(a) identify each eligible veterinary surgeon who cast an electronic vote in the ballot; and
(b) do the following in the presence of at least 2 witnesses— (i) open each ballot envelope for the ballot that is in the ballot box for the ballot; (ii) remove the paper ballot form for the ballot from the envelope; (iii) if the ballot form is marked as required under section 15 (2) (a) by an eligible veterinary surgeon who has not cast an electronic vote in the ballot—accept the form; (iv) if the ballot form does not comply with subparagraph (iii) —reject the form; (v) count and record the number of votes on the accepted ballot forms for each candidate in the ballot.
(i) open each ballot envelope for the ballot that is in the ballot box for the ballot;
(ii) remove the paper ballot form for the ballot from the envelope;
(iii) if the ballot form is marked as required under section 15 (2) (a) by an eligible veterinary surgeon who has not cast an electronic vote in the ballot—accept the form;
(iv) if the ballot form does not comply with subparagraph (iii) —reject the form;
(v) count and record the number of votes on the accepted ballot forms for each candidate in the ballot.
(i) open each ballot envelope for the ballot that is in the ballot box for the ballot;
(ii) remove the paper ballot form for the ballot from the envelope;
(iii) if the ballot form is marked as required under section 15 (2) (a) by an eligible veterinary surgeon who has not cast an electronic vote in the ballot—accept the form;
(iv) if the ballot form does not comply with subparagraph (iii) —reject the form;
(v) count and record the number of votes on the accepted ballot forms for each candidate in the ballot.
sec.18
Voting services provider to give notice to returning officer
sec.18 Voting services provider to give notice to returning officer
This section applies if a voting services provider is administering voting in the ballot.
The voting services provider must give the returning officer written notice of the result of the counting of all votes cast in the ballot as soon as practicable after the votes have been counted.
s 18 sub 2023 SL No. 167 s 4
(sec.18-ssec.1) This section applies if a voting services provider is administering voting in the ballot.
(sec.18-ssec.2) The voting services provider must give the returning officer written notice of the result of the counting of all votes cast in the ballot as soon as practicable after the votes have been counted.
sec.19
Candidates with highest votes elected
sec.19 Candidates with highest votes elected
The 2 candidates in the ballot with the highest number of counted votes are elected as elected members on the appointed day for the election.
However, if on the appointed day, the election of 2 candidates in the ballot can not be decided under subsection (1) because 2 or more candidates (the tied candidates ) receive the same number of votes in the ballot, the returning officer must conduct a draw to decide which of the tied candidates are elected.
The returning officer must, on the appointed day, conduct the draw by doing the following in the presence of an officer of the board—
writing the names of the tied candidates on separate pieces of paper that are the same kind, shape, size and colour;
folding the pieces of paper in the same way to be the same size and thickness;
putting the pieces of paper in a container and shuffling them;
drawing out the number of pieces of paper required to decide which of the tied candidates are elected.
s 19 prev s 19 om 2018 SL No. 77 s 17
pres s 19 ins 2023 SL No. 167 s 4
(sec.19-ssec.1) The 2 candidates in the ballot with the highest number of counted votes are elected as elected members on the appointed day for the election.
(sec.19-ssec.2) However, if on the appointed day, the election of 2 candidates in the ballot can not be decided under subsection (1) because 2 or more candidates (the tied candidates ) receive the same number of votes in the ballot, the returning officer must conduct a draw to decide which of the tied candidates are elected.
(sec.19-ssec.3) The returning officer must, on the appointed day, conduct the draw by doing the following in the presence of an officer of the board— writing the names of the tied candidates on separate pieces of paper that are the same kind, shape, size and colour; folding the pieces of paper in the same way to be the same size and thickness; putting the pieces of paper in a container and shuffling them; drawing out the number of pieces of paper required to decide which of the tied candidates are elected.
(a) writing the names of the tied candidates on separate pieces of paper that are the same kind, shape, size and colour;
(b) folding the pieces of paper in the same way to be the same size and thickness;
(c) putting the pieces of paper in a container and shuffling them;
(d) drawing out the number of pieces of paper required to decide which of the tied candidates are elected.
sec.19A
Returning officer to give notice to eligible veterinary surgeons
sec.19A Returning officer to give notice to eligible veterinary surgeons
As soon as reasonably practicable after the election, the returning officer must—
publish a notice, on the board’s website, stating the name of each candidate elected in the election; and
give each eligible veterinary surgeon a copy of the notice.
s 19A ins 2023 SL No. 167 s 4
(a) publish a notice, on the board’s website, stating the name of each candidate elected in the election; and
(b) give each eligible veterinary surgeon a copy of the notice.
pt.4
Matters about veterinary surgeons
Matters about veterinary surgeons
sec.20
Veterinary qualifications and prescribed examinations— Act , s 18
sec.20 Veterinary qualifications and prescribed examinations— Act , s 18
Each of the following qualifications is recognised for section 18 (1) (a) of the Act —
a degree or diploma accredited by a body mentioned in schedule 1 , part 1 ;
membership of a body mentioned in schedule 1 , part 2 if the membership is obtained by examination by the body.
A degree or diploma mentioned in schedule 1 , part 3 is recognised for section 18 (1) (b) of the Act .
For section 18 (2) (a) of the Act , the prescribed period is 3 months.
For section 18 (2) (b) of the Act , the prescribed examinations are—
each of the following examinations conducted by the Australasian Veterinary Boards Council Incorporated—
an occupational English test with particular reference to veterinary science;
a written multiple choice examination in veterinary science about—
companion animals; and
agricultural animals; and
public health and pathology;
a clinical examination in veterinary science; or
the examinations conducted by the Veterinary Council of New Zealand that are recognised by the Australasian Veterinary Boards Council Incorporated as similar or equivalent to the examinations mentioned in paragraph (a) .
(sec.20-ssec.1) Each of the following qualifications is recognised for section 18 (1) (a) of the Act — a degree or diploma accredited by a body mentioned in schedule 1 , part 1 ; membership of a body mentioned in schedule 1 , part 2 if the membership is obtained by examination by the body.
(sec.20-ssec.2) A degree or diploma mentioned in schedule 1 , part 3 is recognised for section 18 (1) (b) of the Act .
(sec.20-ssec.3) For section 18 (2) (a) of the Act , the prescribed period is 3 months.
(sec.20-ssec.4) For section 18 (2) (b) of the Act , the prescribed examinations are— each of the following examinations conducted by the Australasian Veterinary Boards Council Incorporated— an occupational English test with particular reference to veterinary science; a written multiple choice examination in veterinary science about— companion animals; and agricultural animals; and public health and pathology; a clinical examination in veterinary science; or the examinations conducted by the Veterinary Council of New Zealand that are recognised by the Australasian Veterinary Boards Council Incorporated as similar or equivalent to the examinations mentioned in paragraph (a) .
(a) a degree or diploma accredited by a body mentioned in schedule 1 , part 1 ;
(b) membership of a body mentioned in schedule 1 , part 2 if the membership is obtained by examination by the body.
(a) each of the following examinations conducted by the Australasian Veterinary Boards Council Incorporated— (i) an occupational English test with particular reference to veterinary science; (ii) a written multiple choice examination in veterinary science about— (A) companion animals; and (B) agricultural animals; and (C) public health and pathology; (iii) a clinical examination in veterinary science; or
(i) an occupational English test with particular reference to veterinary science;
(ii) a written multiple choice examination in veterinary science about— (A) companion animals; and (B) agricultural animals; and (C) public health and pathology;
(A) companion animals; and
(B) agricultural animals; and
(C) public health and pathology;
(iii) a clinical examination in veterinary science; or
(b) the examinations conducted by the Veterinary Council of New Zealand that are recognised by the Australasian Veterinary Boards Council Incorporated as similar or equivalent to the examinations mentioned in paragraph (a) .
(i) an occupational English test with particular reference to veterinary science;
(ii) a written multiple choice examination in veterinary science about— (A) companion animals; and (B) agricultural animals; and (C) public health and pathology;
(A) companion animals; and
(B) agricultural animals; and
(C) public health and pathology;
(iii) a clinical examination in veterinary science; or
sec.21 Specialist veterinary qualifications— Act , s 19C
The qualifications mentioned in schedule 2 are recognised for section 19C (1) (c) of the Act .
(sec.21-ssec) The qualifications mentioned in schedule 2 are recognised for section 19C (1) (c) of the Act .
sec.22
Veterinary specialties— Act , s 19D
sec.22 Veterinary specialties— Act , s 19D
This section prescribes branches of veterinary science to be veterinary specialties for section 19D of the Act .
Any branch of veterinary science recognised by the Australasian Veterinary Boards Council Incorporated as a specialty providing a person qualified in the specialty with eligibility for registration as a specialist veterinary surgeon in Australia and New Zealand is prescribed.
For veterinary specialties recognised under subsection (2) , see the board’s website at www.vsb.qld.gov.au.
(sec.22-ssec.1) This section prescribes branches of veterinary science to be veterinary specialties for section 19D of the Act .
(sec.22-ssec.2) Any branch of veterinary science recognised by the Australasian Veterinary Boards Council Incorporated as a specialty providing a person qualified in the specialty with eligibility for registration as a specialist veterinary surgeon in Australia and New Zealand is prescribed. For veterinary specialties recognised under subsection (2) , see the board’s website at www.vsb.qld.gov.au.
pt.5
Miscellaneous provisions
Miscellaneous provisions
sec.23
Veterinary surgeon to display sign
sec.23 Veterinary surgeon to display sign
A veterinary surgeon must display a sign including the following information at veterinary premises where the veterinary surgeon practises veterinary science—
the veterinary surgeon’s name;
whether the veterinary surgeon is a veterinary surgeon or veterinary specialist;
the veterinary surgeon’s qualifications as recorded in—
the register of veterinary surgeons; or
if the veterinary surgeon is a veterinary specialist—the register of veterinary specialists.
Maximum penalty—10 penalty units.
However, a veterinary surgeon is not required to comply with subsection (1) for premises where the veterinary surgeon practices veterinary science in a temporary capacity, or in locum tenens, for not more than 30 days.
(sec.23-ssec.1) A veterinary surgeon must display a sign including the following information at veterinary premises where the veterinary surgeon practises veterinary science— the veterinary surgeon’s name; whether the veterinary surgeon is a veterinary surgeon or veterinary specialist; the veterinary surgeon’s qualifications as recorded in— the register of veterinary surgeons; or if the veterinary surgeon is a veterinary specialist—the register of veterinary specialists. Maximum penalty—10 penalty units.
(sec.23-ssec.2) However, a veterinary surgeon is not required to comply with subsection (1) for premises where the veterinary surgeon practices veterinary science in a temporary capacity, or in locum tenens, for not more than 30 days.
(a) the veterinary surgeon’s name;
(b) whether the veterinary surgeon is a veterinary surgeon or veterinary specialist;
(c) the veterinary surgeon’s qualifications as recorded in— (i) the register of veterinary surgeons; or (ii) if the veterinary surgeon is a veterinary specialist—the register of veterinary specialists.
(i) the register of veterinary surgeons; or
(ii) if the veterinary surgeon is a veterinary specialist—the register of veterinary specialists.
(i) the register of veterinary surgeons; or
(ii) if the veterinary surgeon is a veterinary specialist—the register of veterinary specialists.
sec.24
Record of treatment of animals
sec.24 Record of treatment of animals
A veterinary surgeon must, for each animal treated by the veterinary surgeon, keep a record including—
the animal’s identifying details; and
the following information for each consultation about the animal—
details of any condition or injury of the animal;
any provisional or definitive diagnosis;
full details, including the date, of any examination, procedure or test performed;
full details of any treatment given, including details of any drugs administered or dispensed;
results of any treatment given;
details of any instructions given when the animal is discharged.
Maximum penalty—10 penalty units.
The veterinary surgeon must keep the record for 3 years from the day the last information about the animal is included in the record.
Maximum penalty—10 penalty units.
(sec.24-ssec.1) A veterinary surgeon must, for each animal treated by the veterinary surgeon, keep a record including— the animal’s identifying details; and the following information for each consultation about the animal— details of any condition or injury of the animal; any provisional or definitive diagnosis; full details, including the date, of any examination, procedure or test performed; full details of any treatment given, including details of any drugs administered or dispensed; results of any treatment given; details of any instructions given when the animal is discharged. Maximum penalty—10 penalty units.
(sec.24-ssec.2) The veterinary surgeon must keep the record for 3 years from the day the last information about the animal is included in the record. Maximum penalty—10 penalty units.
(a) the animal’s identifying details; and
(b) the following information for each consultation about the animal— (i) details of any condition or injury of the animal; (ii) any provisional or definitive diagnosis; (iii) full details, including the date, of any examination, procedure or test performed; (iv) full details of any treatment given, including details of any drugs administered or dispensed; (v) results of any treatment given; (vi) details of any instructions given when the animal is discharged.
(i) details of any condition or injury of the animal;
(ii) any provisional or definitive diagnosis;
(iii) full details, including the date, of any examination, procedure or test performed;
(iv) full details of any treatment given, including details of any drugs administered or dispensed;
(v) results of any treatment given;
(vi) details of any instructions given when the animal is discharged.
(i) details of any condition or injury of the animal;
(ii) any provisional or definitive diagnosis;
(iii) full details, including the date, of any examination, procedure or test performed;
(iv) full details of any treatment given, including details of any drugs administered or dispensed;
(v) results of any treatment given;
(vi) details of any instructions given when the animal is discharged.
sec.25
Record of continuing education
sec.25 Record of continuing education
A veterinary surgeon must keep a record of continuing education carried out by the veterinary surgeon.
The record must be kept—
in the approved form; and
for 3 years from the day the continuing education is carried out.
(sec.25-ssec.1) A veterinary surgeon must keep a record of continuing education carried out by the veterinary surgeon.
(sec.25-ssec.2) The record must be kept— in the approved form; and for 3 years from the day the continuing education is carried out.
(a) in the approved form; and
(b) for 3 years from the day the continuing education is carried out.
sec.26
Common seal of the board
sec.26 Common seal of the board
The common seal of the board must include—
the board’s name; and
the State’s coat of arms.
The common seal may be attached to documents only under the written authority of the chairperson or a resolution of the board.
(sec.26-ssec.1) The common seal of the board must include— the board’s name; and the State’s coat of arms.
(sec.26-ssec.2) The common seal may be attached to documents only under the written authority of the chairperson or a resolution of the board.
(a) the board’s name; and
(b) the State’s coat of arms.
sec.27
Prescribed drugs and poisons— Act , s 25
sec.27 Prescribed drugs and poisons— Act , s 25
For section 25 of the Act , definition disqualifying offence , paragraph (e) , the following drugs and poisons are prescribed—
a substance that is a medicine, poison or prohibited substance under the Medicines and Poisons Act 2019 ; or
a substance that was a controlled drug, restricted drug or poison under the repealed Health (Drugs and Poisons) Regulation 1996 .
s 27 sub 2021 SL No. 140 s 263 sch 23
(a) a substance that is a medicine, poison or prohibited substance under the Medicines and Poisons Act 2019 ; or
(b) a substance that was a controlled drug, restricted drug or poison under the repealed Health (Drugs and Poisons) Regulation 1996 .
sec.28
Fees
sec.28 Fees
The fees payable under the Act are stated in schedule 3 .
s 28 amd 2018 SL No. 98 s 26
(sec.28-ssec) The fees payable under the Act are stated in schedule 3 .
pt.6
Transitional provisions
Transitional provisions
sec.29
Continuation of record of treatment
sec.29 Continuation of record of treatment
This section applies to a record kept immediately before the commencement under the Veterinary Surgeons Regulation 2002 , section 25 .
On the commencement, the record is taken to be a record for section 24.
(sec.29-ssec.1) This section applies to a record kept immediately before the commencement under the Veterinary Surgeons Regulation 2002 , section 25 .
(sec.29-ssec.2) On the commencement, the record is taken to be a record for section 24.
sec.30
Continuation of record of continuing education
sec.30 Continuation of record of continuing education
This section applies to a record kept immediately before the commencement under the Veterinary Surgeons Regulation 2002 , section 26 .
On the commencement, the record is taken to be a record for section 25.
(sec.30-ssec.1) This section applies to a record kept immediately before the commencement under the Veterinary Surgeons Regulation 2002 , section 26 .
(sec.30-ssec.2) On the commencement, the record is taken to be a record for section 25.
sch.1-pt.1
Accrediting bodies for degrees or diplomas recognised for the Act , section 18 (1) (a)
Accrediting bodies for degrees or diplomas recognised for the Act , section 18 (1) (a)
sch.1-pt.2
Memberships recognised for the Act , section 18 (1) (a)
Memberships recognised for the Act , section 18 (1) (a)
sch.1-pt.3
Degrees or diplomas recognised for the Act , section 18 (1) (b)
Degrees or diplomas recognised for the Act , section 18 (1) (b)
sch.2-pt.1
Qualifications
Qualifications
sch.2-pt.2
Definition
Definition
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Veterinary Surgeons Regulation 2016 .
(sec.1-ssec) This regulation may be cited as the Veterinary Surgeons Regulation 2016 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 September 2016.
(sec.2-ssec) This regulation commences on 1 September 2016.
pt.2 Acts that are not veterinary science
Acts that are not veterinary science
sec.3 Particular acts are not veterinary science— Act , s 2A
sec.3 Particular acts are not veterinary science— Act , s 2A
For section 2A (3) (a) of the Act , the following acts done for animal husbandry or animal dentistry are not veterinary science—
castrating—
cattle or sheep of less than 6 months; or
goats of less than 2 months; or
pigs of less than 3 weeks;
dehorning—
cattle of less than 6 months; or
goats or sheep of less than 3 months;
spaying cattle using the Willis dropped-ovary technique;
tailing sheep of less than 6 months;
mulesing sheep of less than 1 year;
filing or rasping a horse’s teeth;
artificial insemination of cattle, deer, goats, pigs or sheep;
teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle;
pregnancy testing of cattle using rectal palpation or transrectal ultrasound by a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme;
injecting an animal with lidocaine, if—
the lidocaine comprises not more than 2% of an injectable preparation that—
is packaged in a container designed to be resistant to being opened; and
can only be administered through a rubber ring applicator that includes an injector; and
the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
spraying an animal wound with lidocaine, if—
the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and
the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
In this section—
approved cattle procedures accreditation scheme see the Animal Care and Protection Act 2001 , section 93A .
prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has—
a handle in the shape of the letter ‘T’; and
at its other end, a flattened spearhead with a slit that—
is in the forward end of the spearhead; and
has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
joins an oval hole at the other end of the slit.
Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdomen by using a prescribed instrument to—
enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and
place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and
sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
s 3 amd 2022 Act No. 35 s 52 ; 2023 SL No. 167 s 3
(sec.3-ssec.1) For section 2A (3) (a) of the Act , the following acts done for animal husbandry or animal dentistry are not veterinary science— castrating— cattle or sheep of less than 6 months; or goats of less than 2 months; or pigs of less than 3 weeks; dehorning— cattle of less than 6 months; or goats or sheep of less than 3 months; spaying cattle using the Willis dropped-ovary technique; tailing sheep of less than 6 months; mulesing sheep of less than 1 year; filing or rasping a horse’s teeth; artificial insemination of cattle, deer, goats, pigs or sheep; teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle; pregnancy testing of cattle using rectal palpation or transrectal ultrasound by a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme; injecting an animal with lidocaine, if— the lidocaine comprises not more than 2% of an injectable preparation that— is packaged in a container designed to be resistant to being opened; and can only be administered through a rubber ring applicator that includes an injector; and the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d); spraying an animal wound with lidocaine, if— the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(sec.3-ssec.2) In this section— approved cattle procedures accreditation scheme see the Animal Care and Protection Act 2001 , section 93A . prescribed instrument , for the Willis dropped-ovary technique, means an instrument made of stainless steel that has— a handle in the shape of the letter ‘T’; and at its other end, a flattened spearhead with a slit that— is in the forward end of the spearhead; and has a sharp edge at the end of the slit closest to the forward end of the spearhead; and joins an oval hole at the other end of the slit. Willis dropped-ovary technique means a technique for spaying cattle that involves dropping ovaries into the abdomen by using a prescribed instrument to— enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
Imposes practice obligations on registered veterinary surgeons: mandatory display of a sign at premises (s 23), clinical record‑keeping requirements and retention periods for animal treatment records (s 24), and record‑keeping for continuing education in an approved form (s 25).
Stipulates form and custody requirements for the Board’s common seal (s 26), prescribes what constitutes “prescribed drugs and poisons” for the Act’s disqualifying‑offence definition (s 27), and states that fees payable under the Act are set out in schedule 3 (s 28).
Contains transitional provisions that carry over certain records kept under the 2002 Regulation into the new regime (ss 29-30).
The Regulation therefore translates high‑level statutory obligations in the Act into operational steps that the Board, returning officer, veterinary surgeons and voting services providers must follow. Several provisions link to external standards and schemes (for example, recognition by the Australasian Veterinary Boards Council Incorporated in ss 20-22, and the Animal Care and Protection Act approved cattle procedures accreditation scheme referenced in s 3). The document combines both substantive thresholds (which acts do not amount to veterinary science) and procedural rules (particularly the elections regime and voting integrity requirements).
Main concepts
The Regulation revolves around three clusters of concepts: (1) delimiting what is not “veterinary science”; (2) structuring democratically elected Board membership through a specified electoral process; and (3) operational duties of registered veterinary surgeons and the Board.
Acts not veterinary science (s 3). The Regulation lists specific husbandry and dentistry tasks that are to be treated as non‑veterinary when performed for animal husbandry or animal dentistry (paras (a)-(k)). These are qualified by species and age thresholds (for example, castrating cattle or sheep under 6 months, goats under 2 months, pigs under 3 weeks; dehorning cattle under 6 months, goats or sheep under 3 months) and by method (the Willis dropped‑ovary technique for spaying cattle is prescribed, with a precise description of the “prescribed instrument”). The section also carves out limited use of lidocaine injections/sprays in conjunction with those husbandry acts, but imposes formulation and delivery constraints (e.g. ≤2% injectable lidocaine in a container resistant to being opened and administered only through a rubber ring applicator, or ≤4.5% lidocaine in an aqueous gel for spraying wounds) (s 3(j)-(k)).
Election procedures (Part 3: ss 4-19A). The Regulation creates a prescriptive election architecture: defined timelines for public notice of appointed day and nominations (s 6), nomination form and sponsorship (s 7), rules for uncontested elections (s 8), and detailed ballot mechanics when contested (ss 9-19A). Key concepts include eligibility to nominate and vote (eligible veterinary surgeons), the use of combined electronic and paper voting systems (s 12), requirements for electronic voting systems to both identify the voter for the returning officer while preserving anonymity from others (s 13(d)), and processes for receipt, security and counting of postal ballots (ss 14-17). Voting is first‑past‑the‑post and each eligible surgeon gets a single vote (s 11).
Professional obligations and administrative specifications. The Regulation mandates visible signage at veterinary premises (s 23), precise clinical record keeping for each animal treated with retention for 3 years (s 24), and a record of continuing education in an approved form kept for 3 years (s 25). It also prescribes standards for the Board’s common seal (s 26) and prescribes controlled substances relevant to disqualification tests (s 27).
Interlocking references and accreditation. Multiple provisions depend on external accreditation or recognition: schedule entries for accrediting bodies and recognized degrees (schedule 1, referred to in s 20), examinations by the Australasian Veterinary Boards Council Incorporated (s 20(4)), recognition of New Zealand examinations (s 20(4)(b)), and the Board’s website as the published list of specialties recognised under s 22(3). The Regulation therefore embeds reliance on inter‑jurisdictional professional standards and third‑party recognition.
Operational integrity and confidentiality. The election rules explicitly balance two requirements in electronic voting: the returning officer (and administering entity) must be able to identify the surgeon and how they voted, while the system must prevent anyone else from identifying a surgeon and their vote (s 13(d)). That design choice creates implementation obligations on security, procedural auditability and privacy management.
Finally, the Regulation contains specific, narrow technical definitions (for example, the “prescribed instrument” and the Willis technique in s 3) which affect lawful performance of certain surgical techniques by non‑veterinarians under the Act’s exceptions.
Who it affects
The Regulation directly affects several distinct groups. Identify who pays, who decides and who must change behaviour.
Eligible veterinary surgeons. They are the primary regulated cohort. The Regulation prescribes:
Electoral rights and obligations: all eligible veterinary surgeons may nominate a single eligible veterinary surgeon as a candidate (s 6, s 7) and are entitled to one vote in Board elections (s 11). Voting choices are constrained to marking a single candidate (s 15(2)(a)). The formality requirements for postal votes require an individual to write their name, registration number and signature on the return envelope (s 15(4)(c)), which affects anonymity and evidentiary trails.
Practice obligations: display of a sign at veterinary premises including name, status (veterinary surgeon or specialist) and qualifications as recorded on registers (s 23); clinical record‑keeping obligations for every animal treated including specific entries and a 3‑year retention period (s 24); and continuing education record retention in an approved form for 3 years (s 25). Non‑compliance carries penalties (see Penalties and enforcement).
Qualification recognition: those seeking registration are affected by which degrees, diplomas and membership/examination routes are recognised (s 20 and schedule references), and the prescribed examinations and periods for provisional registration (s 20(3)-(4)).
Returning officer and voting services providers. The returning officer is tasked with administering elections: publishing notices (s 6, s 11), deciding ballot closing times (s 10), ensuring preparation of electronic and paper ballot forms (s 12), ensuring ballot security and electronic system security (s 16), conducting draws to resolve ties (s 19), and publishing results (s 19A). Where a voting services provider is engaged, that provider must notify the returning officer of the result as soon as practicable (s 18) and follow the ballot handling and counting rules (ss 14-17). The returning officer decides closing time (s 10), and decides who administers voting unless a provider is engaged.
Veterinary Surgeons Board. The Board decides when an election is required by appointing the “appointed day” under the Act (s 4 definition). The Board publishes nomination notices and maintains lists on its website (ss 6, 11, 22). It also authorises use of the common seal (s 26). The Board sets fees under the Act (schedule 3) to be payable by practitioners (s 28). The Board therefore makes programmatic and administrative choices that affect compliance costs for members.
Non‑veterinarian persons who perform animal husbandry/dentistry for owners. Section 3 specifically prescribes certain acts as not being “veterinary science” when done for animal husbandry or animal dentistry. That means producers, stockpeople and animal owners who perform actions within the specified age thresholds or under accredited training schemes may lawfully perform those acts without being registered veterinary surgeons, subject to the detailed constraints in s 3 (for example, lidocaine formulation and delivery constraints in s 3(j)-(k), and accredited pregnancy testing schemes in s 3(i)). The Animal Care and Protection Act approved cattle procedures accreditation scheme (s 3 definition) is expressly referenced, creating a link to another regulatory pathway.
Practice premises and service providers. Premises where veterinary surgeons practise are affected because of signage requirements (s 23), and clinics are indirectly affected by record‑keeping obligations and by any administrative cooperation necessary for elections, such as facilitating electronic voting or distributing nomination notices.
Entities that accredit or recognise qualifications. Third parties such as the Australasian Veterinary Boards Council Incorporated and professional colleges influence registration eligibility under ss 20-22. The Regulation defers to their recognition and examinations for both general registration and specialist recognition (s 20(4), s 21-22).
The distribution of costs and decision authority: those who pay are mainly veterinary surgeons (compliance costs for signage, records, continuing education documentation, and fees noted in schedule 3), and the Board or returning officer who must procure or oversee electronic voting systems and ballot security. Decision authority rests with the Board (appointing election days, publishing notices, making specialty lists available on its website) and the returning officer (setting closing times, ensuring security, counting votes). Voting services providers, when engaged, exercise practical control of ballot administration but must report results to the returning officer (s 18). Non‑veterinarian operators benefit from explicit non‑veterinary carve‑outs (s 3) but only within strict technical and age constraints.
Key duties and rights
This section describes the principal obligations imposed by the Regulation and the principal entitlements it creates, with section references.
Duties
Returning officer duties (Part 3): publish notice of the appointed day and call for nominations at least 3 months before the appointed day and provide the notice to each eligible veterinary surgeon (s 6); decide closing time for ballots on the appointed day (s 10); publish ballot notices at least 35 days before the appointed day with specified content (s 11); ensure preparation of electronic and paper ballot forms and an electronic voting system (s 12); ensure appropriate measures to secure the electronic voting system and to keep a sealed ballot box (s 16); conduct a draw in the event of tied votes and produce required notifications (ss 19, 19A).
Voting services provider duties: if administering voting, give the returning officer written notice of the result as soon as practicable after counting (s 18); administer voting and counting in accordance with the rules in ss 14-17 and s 13 for electronic voting system functionality.
Entity administering voting (if different from the returning officer): upon receipt of postal return envelopes, open them, extract ballot envelopes and place ballot envelopes in the ballot box (s 16(3)); after closing time, identify each eligible surgeon who cast an electronic vote and, in the presence of at least two witnesses, open ballot envelopes, remove and examine paper ballot forms and count accepted votes (s 17).
Candidate and nominator duties: nominations must state candidate’s full name, be signed by the candidate and at least three other eligible veterinary surgeons and be delivered to the returning officer by the stated time (s 7). A candidate may supply a written statement of up to 200 words (s 7(3)).
Veterinary surgeon duties: display signage at veterinary premises with name, status (surgeon or specialist) and qualifications as recorded in the register(s) (s 23); maintain a record for each animal treated including prescribed data fields and retain the record for 3 years from the last entry (s 24); maintain a continuing education record in the approved form for 3 years (s 25). The sign display and record‑keeping provisions include explicit maximum penalties (s 23 and s 24 each carry a maximum penalty of 10 penalty units).
Board duties in specialty listing: publish (via its website) the veterinary specialties recognised under s 22 (s 22(3)).
Rights and entitlements
Nomination and voting rights: each eligible veterinary surgeon may nominate one eligible veterinary surgeon and is entitled to one vote in contested elections (ss 6, 7, 11). The ballot is decided on a first‑past‑the‑post basis and the two candidates with the highest votes win (s 11, s 19(1)). Where only one or two candidates are nominated, those candidates are elected without a ballot (s 8).
Access to voting methods: eligible veterinary surgeons are entitled to access an electronic voting system free of charge on a website (s 13(a)) and may request a paper ballot form at least 28 days before the appointed day (s 14(1)). When requested, the administering entity must provide the paper ballot form and associated envelopes and instructions at least 14 days before the appointed day (s 14(2)).
Privacy protections in electronic voting: the electronic voting system must allow the returning officer and any administering entity to identify the surgeon and how they voted while preventing anyone else from identifying the surgeon or how the surgeon voted (s 13(d)). That creates a limited, controlled identification right for the returning officer and administering entity, and an obligation for the system to protect that information from others.
Acceptance discretion for unclear marks: the entity counting votes may accept a paper ballot form marked other than strictly as required if the voter’s intention is clear (s 17(2)). This provides some interpretive flexibility during counting.
Other rights and duties of note
Definitions and dependency obligations: the Regulation places duties on actors to consult or abide by external accreditation bodies and scheme criteria. For example, pregnancy testing of cattle by accredited persons under an approved cattle procedures accreditation scheme is carved out from being “veterinary science” (s 3(i)), and the prescribed examinations include those conducted by the Australasian Veterinary Boards Council Incorporated and recognised New Zealand exams (s 20(4)). This creates cross‑institutional compliance obligations.
Who decides and who enforces
The returning officer decides key administrative elements of the ballot (closing time, whether they or a provider administers voting) and conducts the draw in ties (ss 10, 11, 19). The Board decides the appointed day for elections (s 4 definition). Enforcement for practice obligations (signage, record keeping) is by the regulatory penalty framework in the Act and this Regulation (s 23 and s 24 specify maximum penalties of 10 penalty units).
Collectively, the duties impose administrative, record‑keeping and procedural burdens on practitioners and election administrators, while conferring formal participatory rights in Board elections. Several duties are operationally granular, requiring systems and processes (secure electronic voting, sealed ballot boxes, witness presence for counting) that allocate responsibilities to named actors.
Penalties and enforcement
The Regulation itself prescribes particular maximum penalties and sets up processes whose failure or misuse may attract sanction under the Act. The text contains explicit penalty amounts for certain contraventions and otherwise relies on the Act’s enforcement framework for general compliance.
Explicit penalties
Signage requirement (s 23). A veterinary surgeon who fails to display the required sign at veterinary premises as specified in s 23(1) faces a maximum penalty of 10 penalty units. The section also creates a narrow exemption for temporary practice of up to 30 days where the sign requirement does not apply (s 23(2)).
Clinical record keeping (s 24). A veterinary surgeon must keep detailed records for each animal treated; failure to do so attracts a maximum penalty of 10 penalty units (s 24(1)). Additionally, the requirement to retain records for three years from the last entry carries a separate maximum penalty of 10 penalty units (s 24(2)). The two subsections therefore impose two distinct obligations, each with the same maximum pecuniary penalty.
Other enforcement mechanisms and accountability
The Regulation requires procedural safeguards in elections that, if breached, could give rise to challenge or action under the Act. For example, s 13 requires that the electronic voting system allow the returning officer and administering entity to identify a surgeon and how they voted while preventing anyone else from doing so; failure to implement required system security (s 16) could produce disputes or administrative action by the Board or returning officer, and could attract corrective remedies under the Act.
The Regulation mandates witness presence for postal vote opening and counting (s 17(1)(b)). Non‑compliance with those procedural requirements could create grounds for contesting election results under relevant provisions of the Act (see also cross‑reference to s 9 of the Act in s 9 of the Regulation).
The returning officer’s obligations to publish notices and provide material to eligible veterinary surgeons (ss 6, 11, 14, 19A) create transparency duties. A failure to comply may not carry a direct penalty in the Regulation but could be actionable through administrative review or undermine the validity of an election.
What enforcement implies in practice
Monetary penalties (10 penalty units) are modest in absolute terms but operate against the background penalty and disciplinary mechanisms in the Act for professional misconduct or unregistered practice. The text does not set out the enforcement process but compliance will typically be monitored by the Board via complaints, audits or routine inspections.
Election integrity provisions create both procedural and evidentiary requirements that must be demonstrably met. The Regulation prescribes multiple checks (witnesses at counting, sealed ballot boxes, return envelope identification, written notice of results) that assist the returning officer and Board to defend the integrity of an election. Failure to follow these may result in administrative remedies, re‑run of elections, or challenge under the Act’s election dispute mechanisms (the Regulation itself does not set separate civil remedies).
Where third‑party accreditation or recognition is relied on (ss 20-22), disputes about recognition or equivalence (for example, whether a foreign qualification is “accredited by” a listed body or the equivalence of an examination) would be decided under the Act’s registration review processes and by reference to the schedules referenced in the Regulation.
In sum, the Regulation contains direct pecuniary sanctions for specified practice failings and builds a framework of procedural constraints whose breach has practical enforcement consequences through the Board’s administrative powers under the Act. The Regulation prescribes many procedural safeguards intended to limit disputes; however it also creates specific points (signage, record retention, vote secrecy vs identification) where enforcement tensions may arise in practice.
How it interacts with other laws
The Regulation explicitly interfaces with the Act and with several external instruments and bodies. The text makes cross‑references that determine scope, recognition and permitted conduct.
Primary statutory relationship
Veterinary Surgeons Act (the Act). The Regulation is subordinate to and implements provisions of the Act. Numerous sections are framed explicitly as prescriptions for the Act’s provisions: e.g. s 3 declares acts not veterinary science for the Act’s s 2A; Part 3 procedures implement the Act’s s 8 election provisions; ss 20-22 provide particulars required by the Act’s registration and specialist registration provisions; s 27 prescribes drugs and poisons for the Act’s disqualifying offence definition (Act, s 25). Always interpret the Regulation in light of the empowering and interpretive provisions of the Act.
Inter‑agency and external instrument dependence
Animal Care and Protection Act 2001. Section 3(1) uses the term “approved cattle procedures accreditation scheme”, defined to be the scheme in the Animal Care and Protection Act 2001, s 93A. That link means that for the non‑veterinary carve‑out for pregnancy testing (s 3(i)), actors must satisfy the approval and accreditation mechanisms under that separate Act to rely on the Regulation’s saving.
Medicines and Poisons Act 2019 and repealed Health (Drugs and Poisons) Regulation 1996. Section 27 prescribes that a “substance that is a medicine, poison or prohibited substance under the Medicines and Poisons Act 2019” or a substance that was a controlled or restricted drug under the repealed regulation will be treated as prescribed drugs and poisons for the Act’s disqualifying offences. This ties the vet registration disqualification regime to the contemporary poisons control regime.
Australasian Veterinary Boards Council Incorporated and Veterinary Council of New Zealand. Section 20(4) prescribes that specified examinations by the Australasian Veterinary Boards Council Incorporated are the prescribed examinations for registration purposes, and also allows reliance on Veterinary Council of New Zealand examinations that are recognised as equivalent. Sections 21-22 also adopt recognitions by the Australasian Council for specialist qualification and specialty listing. These cross‑jurisdictional recognitions substantially defer content to professional bodies outside the Queensland statutes and embed trans‑Tasman harmonisation of standards.
Operational interactions and administrative spillovers
Electronic voting systems (s 13) and data privacy regimes. The electronic voting system must allow identification by the returning officer but not allow third parties to identify surgeon voting choices (s 13(d)). This raises the interface with privacy and information security obligations under state privacy law and possibly the Privacy Act 1988 (Cth) if Commonwealth data flows are involved. The Regulation does not itself specify record retention for election data beyond counting and notification procedures, so implementers must reconcile s 13’s identification and anonymity requirements with applicable privacy obligations and record‑keeping laws.
Electoral dispute and administrative law. The Regulation prescribes detailed electoral procedures; disputes about compliance, the validity of ballots, or interpretation of rules (e.g. acceptance of ambiguously marked ballots under s 17(2)) will engage administrative law remedies and any election challenge procedures under the Act. The Regulation cross‑references the Act (see s 9 note “See also section 9 of the Act”), signalling that broader statutory election dispute mechanisms are relevant.
Occupational health and animal welfare law. Section 3’s carve‑outs for certain husbandry acts interact with animal welfare law; reliance on those carve‑outs requires conformity with the Animal Care and Protection Act accreditation scheme and potentially with biosecurity requirements in other instruments where species handling is regulated.
Practical consequence of interactions
The Regulation’s content is not standalone: implementation demands coordination with external accreditation bodies, the Board’s own registers and website, the Animal Care and Protection Act approval scheme, poisons regulation, and privacy/data security regimes. That creates both advantages (harmonisation, reliance on established examinations/standards) and compliance complexity, because multiple legal standards determine whether a person is lawfully acting outside the veterinary registration regime, whether a qualification is recognised for registration, or how election data are stored and protected.
Amendment history
The Regulation text includes inserted amendment annotations indicating later adjustments to particular sections. The provision annotations within the text identify amendment interventions and dates where recorded. Key amendment markers present in the text are:
Section 3 amendments. The annotation shows “s 3 amd 2022 Act No. 35 s 52; 2023 SL No. 167 s 3”. That records that s 3 was amended by the 2022 Act No. 35 (s 52) and further by subordinate legislation in 2023 (SL No. 167 s 3). The Regulation’s repeated rendering of s 3 with ssec and paragraph repeats suggests the 2022 and 2023 changes adjusted the list of carved‑out acts and added or clarified definitions for the Willis technique, prescribed instrument, and lidocaine uses.
Part 3 (election procedures) amendments. Multiple subsections include “s 4 sub 2023 SL No. 167 s 4” or “s 5 sub 2023 SL No. 167 s 4” etc. This indicates a broader 2023 subordinate legislation update (SL No. 167) that amended several Part 3 provisions: s 4, s 5, s 6, s 7, s 8, s 9, s 10, s 11, s 12, s 13, s 14, s 15, s 16, s 17, s 18, s 19 and the insertion of s 19A are all annotated with “sub 2023 SL No. 167 s 4” or “ins 2023 SL No. 167 s 4” where new sections were added (s 19A is marked “ins 2023 SL No. 167 s 4”). Those annotations show a cohesive update to the election framework in 2023.
Section 19 insertion. The text notes “pres s 19 ins 2023 SL No. 167 s 4” and “prev s 19 om 2018 SL No. 77 s 17”, indicating s 19 was previously omitted by 2018 subordinate legislation and then re‑inserted in 2023 SL No. 167. That demonstrates the election‑related provisions have been actively revised across multiple years.
Section 20 amendment. There is no explicit amendment note in the running text for s 20 beyond “s 20 sub 2023 SL No. 167 s 4” in some earlier parts; however s 20 is shown as updated with the 2023 subordinate legislation references, indicating the prescribed examinations and periods were reaffirmed or adjusted in that update.
Section 27 amendment. The annotation “s 27 sub 2021 SL No. 140 s 263 sch 23” shows a modification tied to the Medicines and Poisons Act 2019 implementation or related transitions, prescribing medicines and poisons relevant to disqualification offences.
Section 28 amendment. The note “s 28 amd 2018 SL No. 98 s 26” records that fees payable under the Act (stated in schedule 3) were amended in 2018 subordinate legislation.
The schedules (1-3) are referenced but not reproduced here. The amendment notes demonstrate active maintenance of the electoral and professional recognition framework, with significant updates in 2023 (SL No. 167). For detailed historical comparison of provision text, one must consult the consolidated and historical versions of the Regulation available via official legislative databases showing the textual changes effected by the amendments identified above (2022 Act No. 35 s 52; 2018 SL No. 98 s 26; 2018 SL No. 77 s 17; 2021 SL No. 140 s 263 sch 23; 2023 SL No. 167 s 3-4).
This Regulation therefore has a recent amendment trajectory concentrated on elections and on aligning the poisons/disqualification regime with the Medicines and Poisons Act. Practitioners and administrators should check the Board website and the legislative register for consolidated text and historical versions when advising on transitional issues or on matters affected by the 2018, 2021, 2022 and 2023 amendments.
Litigation history
The regulation text as provided contains no citations to judicial decisions, and it does not record any litigation history. No cases are named or discussed in the instrument. Therefore, there is no express litigation history recorded in the Regulation itself.
However, the Regulation creates multiple procedural touchpoints and enforcement points that commonly generate litigation or administrative review in analogous regulatory settings. Based on the provisions in the text, practical dispute flashpoints that could lead to litigation or reviews (though none are cited in the instrument) include:
Electoral disputes about process compliance. The Regulation prescribes tight timelines (s 6, s 11), ballot administration rules (ss 12-17), and counting and tie mechanisms (s 19). Disputes may arise from alleged failures to follow notice requirements, alleged mishandling of postal ballots (s 16-17), alleged defects in the electronic voting system (s 13), or compliance with counting procedures and witness requirements (s 17(1)(b)). Where an affected candidate or elector believes the process breached the Act or the Regulation, administrative remedies under the Act or judicial review for procedural fairness may be sought.
Privacy and data protection challenges relating to electronic voting. Section 13 requires that the returning officer and administering entity be able to identify each surgeon and how they voted while preventing anyone else from doing so. If this is implemented in a manner that leads to inadvertent disclosure or inadequate safeguards, affected persons could invoke privacy legislation or administrative sanctions. Legal disputes may focus on whether the system met the Regulation’s confidentiality standard and applicable privacy law.
Challenges to acceptance or rejection of postal votes. Section 17 allows acceptance of ballots not strictly complying with marking rules when the voter’s intention is clear. Conversely, rejection of envelopes due to defects on the return envelope (s 15(4)(c) requirements for name, registration number and signature) may be contested.
Qualification and registration disputes. Sections 20-22 defer to third‑party recognition for qualifications and specialists. Applicants denied registration or specialist recognition might challenge a Board decision, arguing that their qualification should be recognised under the listed schedules or that an overseas examination is equivalent. Such disputes typically proceed under the Act’s internal review processes and, if necessary, judicial review of administrative decisions.
Enforcement actions for record keeping or signage. Section 24 imposes record‑keeping obligations and a maximum 10 penalty units. Prosecutions or penalty notices for non‑compliance could be litigated, or practitioners could seek review of enforcement decisions.
Because the Regulation does not itself cite or summarise any adjudicated disputes, practitioners advising on litigation exposure should perform a search of court and tribunal records and of the Board’s decisions under the Act for any precedential rulings. For practical purposes, the Regulation’s detailed electoral mechanics and the explicit privacy/identification tension in electronic voting (s 13) represent likely sources of contested matters if implementation problems occur. Any litigation or challenge would be decided on the facts in light of the Act and this Regulation.
Gotchas
Practical pitfalls and friction points in the Regulation often arise from specific technical requirements that are easy to miss or misimplement. The following are concrete areas to flag, citing the sections that create potential traps.
Identification requirement on postal return envelopes (s 15(4)(c)). Postal votes require the surgeon to write their name, registration number and signature on the return envelope before posting. This compromises voter anonymity in the postal process (even though paper ballots are placed in a separated ballot envelope), and failure to complete the return envelope correctly will lead to the ballot being rejected (s 17(1)(b)(iii)-(iv)). Practically, clinics and practitioners must train staff and check outgoing envelopes to avoid inadvertent disqualification of postal votes.
Electronic voting identity vs anonymity tension (s 13(d)). The electronic system must allow the returning officer and administering entity to identify each surgeon and how they voted, but prevent anyone else from doing so. “Anyone else” is broad. Implementation requires careful system architecture, access control, logging and encryption; a poorly designed system risks either excessive identification (breaching privacy) or insufficient identification (preventing detection of duplicate votes or ineligible votes). The Regulation does not prescribe technical standards; implementers must therefore develop compliant technical and procedural safeguards and document them.
Strict nomination signature requirements (s 7). A nomination must be signed by the candidate and at least three other eligible veterinary surgeons and delivered by the stated nomination deadline. Missing signatures or late delivery will invalidate a nomination. Nomination notices must be published at least 3 months before the appointed day (s 6), but the nomination time must be at least 28 days after that notice. Candidates should ensure nominators are current eligible registrants and that nominations comply exactly with s 7.
Age and method thresholds for acts not veterinary science (s 3). The exemptions for castration, dehorning, tailing and other acts depend on specific age thresholds and techniques (for example, mulesing sheep under 1 year, or Willis technique defined with a specified instrument). Non‑veterinarians relying on these carve‑outs must ensure they precisely meet the species, age and method requirements and, for pregnancy testing or certain injections, be accredited under the Animal Care and Protection Act scheme (s 3(i)). The detailed definition of the Willis instrument in s 3 includes shape and slit specifics; deviation could change the legal characterisation of the act.
Lidocaine formulation and delivery constraints (s 3(j)-(k)). The Regulation permits only limited injections and sprays of lidocaine when used in conjunction with specified husbandry acts, and only where formulations and packaging meet narrow specifications (≤2% injectable in a container resistant to being opened and cue‑only through a rubber ring applicator with an injector; ≤4.5% aqueous gel for spraying wounds). Suppliers and practitioners must ensure pharmacological products meet these exact standards; otherwise the exemption may not apply.
Counting discretion and ambiguity acceptance (s 17(2)). While the counting entity may accept ballots marked other than strictly in the required way if voter intention is clear, that discretionary test can be litigated. Counting panels should document rationale for accepting ambiguous ballots and convene the requisite witnesses to reduce post‑count challenges.
Witness requirement for counting (s 17(1)(b)). The presence of at least two witnesses is mandatory for the postal vote opening and counting. Failure to secure witnesses could expose the process to challenge and could render counts procedurally defective.
Timings and notice windows. Multiple timing windows overlap: publication at least 3 months before the appointed day for nomination notice (s 6); nomination period at least 28 days from that publication (s 6(1)(a)(iii)); request for paper ballot at least 28 days before appointed day (s 14(1)); provision of paper ballot and envelopes at least 14 days before appointed day (s 14(2)); ballot notice at least 35 days before the appointed day (s 11). Miscalculating these windows can invalidate election steps. Administrators must construct a timeline matrix to meet all statutory minima.
Record‑keeping formality and retention (ss 24-25). Records of treatment must include enumerated fields and be kept for 3 years (s 24). Continuing education records must be kept “in the approved form” for 3 years (s 25). The Regulation does not specify the “approved form” or how approval is obtained; practitioners must consult the Board for the approved form to avoid non‑compliance.
Fees set in Schedule 3 (s 28). Fees are not stated in the body of the Regulation but are in schedule 3. Advisers should check schedule 3 and the Board’s fee schedule to determine payable amounts and periodic changes (s 28 notes amendments in subordinate legislation).
Being explicit about who must do what, and when, reduces risk. Key administrative recommendations (see the How to comply section) include maintaining a compliance calendar, designing an audited chain of custody for postal ballots, documenting electronic system access controls and encryption, training staff on return envelope completion, and confirming product specifications for lidocaine and instrument conformity when acting under s 3 exemptions.
How to comply
This section outlines concrete steps and checklists for the main actors to achieve regulatory compliance based on the text.
A. For practising veterinary surgeons
Signage (s 23):
Ensure a sign is displayed at each premises where you practice veterinary science. The sign must include: your name; whether you are a veterinary surgeon or veterinary specialist; and qualifications as recorded in the register of veterinary surgeons or, if a specialist, the register of veterinary specialists (s 23(1)).
If you are practising at a premises in a temporary capacity or as locum tenens for 30 days or fewer, no sign is required (s 23(2)).
Record compliance: photograph or keep a dated inventory of signs for audit.
Clinical records (s 24):
For each animal treated, maintain a record containing at minimum: the animal’s identifying details; condition/injury details; provisional/definitive diagnosis; full details and dates of any examinations, procedures or tests; full details of any treatment given including drugs administered or dispensed; results of treatment; and discharge instructions (s 24(1)(a)-(b)). Use templates to ensure all fields are captured.
Retention: keep each record for 3 years from the day the last information about the animal is included (s 24(2)). Implement secure storage (electronic or physical) with retention schedules and deletion protocols.
Audit trail: preserve entry timestamps and author identification to support enforcement or complaints investigations.
Continuing education records (s 25):
Keep records of continuing education in the Board’s “approved form” (ask the Board for the form). Retain for 3 years from the date the CPD was carried out (s 25(2)).
Maintain an indexed CPD log linked to your registration number for ease of production on audit.
If relying on s 3 non‑veterinary carve‑outs:
Ensure animals meet species and age criteria for permitted acts (e.g., castration, dehorning, tailing, mulesing). s 3 lists precise ages and procedures.
For spaying using Willis technique, ensure the instrument matches the “prescribed instrument” specification and the technique is performed as described in s 3.
For pregnancy testing or lidocaine injections/sprays, confirm accreditation under the approved cattle procedures accreditation scheme where necessary (s 3(i)) and ensure lidocaine formulation and delivery conform with s 3(j)-(k).
Keep proof of training/accreditation and product specifications on file.
B. For candidates, nominators and election administrators
Nomination process (ss 6-7):
Verify the Board’s website for the nomination notice published at least 3 months before the appointed day (s 6(1)). Note the nomination deadline which must be at least 28 days after notice publication (s 6(1)(a)(iii)).
Ensure nominations state the candidate’s full name and are signed by the candidate and at least three other eligible veterinary surgeons (s 7(2)). Obtain signatures well before the deadline.
Keep a copy of any candidate’s 200‑word statement and confirm it complies with s 7(3).
Postal and electronic voting logistics (ss 11-16):
Ensure the ballot notice is published at least 35 days before the appointed day and includes required content (s 11).
Prepare electronic and paper ballot forms listing candidate names in alphabetical order (s 12). Confirm the electronic system is accessible, free of charge and includes instructions and candidate statements (s 13(e)).
If electing to provide paper ballots, put processes in place to handle requests made at least 28 days before the appointed day and to deliver ballot materials at least 14 days before the appointed day (s 14).
Train staff on the paper voting procedure: voters must mark only one candidate, place the paper ballot in the ballot envelope, place that in the return envelope, sign and include registration number and post or deliver to arrive before closing time (s 15). Check return envelopes on receipt to ensure name, registration number and signature are present.
Electronic voting system compliance (s 13):
The system must allow identification by the returning officer and administering entity but prevent others from linking voters to choices. Implement role‑based access controls, encryption at rest and in transit, audit logs and technical documentation to evidence these controls.
Provide clear, accessible instructions within the system on how to vote and include any candidate statements (s 13(e)).
Conduct a security audit or penetration test before deployment. Retain test reports and sign‑offs.
Ballot security and counting (ss 16-17):
Use a sealed ballot box kept in a safe place. Ensure the seal allows insertion of ballot envelopes but prevents removal until counting (s 16(2)). Document chain of custody.
On receipt of return envelopes, open them and extract ballot envelopes promptly and place them in the sealed ballot box (s 16(3)).
After the closing time, identify electronic voters and conduct the paper ballot opening and counting in the presence of at least two witnesses (s 17(1)(b)). Record witness names, roles and times. Keep contemporaneous counting logs and photographic records where lawful.
For ambiguous marks, apply s 17(2) and document reasoning when accepting such ballots.
C. For the Board and returning officer
Publish authoritative timelines and templates:
Publish the nomination notice, ballot notice, nomination forms, and approved forms for continuing education and record keeping. Make the specialty list referenced in s 22 available on the Board’s website (s 22(3)).
Provide the “approved form” for continuing education record keeping and any templates for clinical records to reduce practitioner uncertainty.
Procurement and contracts:
When contracting a voting services provider, include contractual obligations to meet s 13 confidentiality and system requirements, s 16 ballot security, s 17 witness and counting procedures, and timely notice obligations under s 18.
Retain the audit trail and logs from electronic voting systems for a reasonable period consistent with privacy law and the Act’s record‑keeping expectations. Develop a retention policy that reconciles election integrity needs and privacy obligations.
Training and compliance monitoring:
Train returning officers and counting teams on s 17 acceptance discretion and ensure witness availability.
Audit clinic compliance with sign and record keeping obligations periodically, and provide guidance on the “approved form” for CPD records.
D. Miscellaneous
Fees and schedules. Check schedule 3 for payable fees under the Act (s 28) and budget accordingly.
Transition records. If relying on records kept before the changeover under the 2002 Regulation, note that those records are taken to be records for s 24 and s 25 as appropriate (ss 29-30), but confirm they meet current content and retention standards.
Record everything. Where discretion exists (counting ambiguous ballots, accepting certain marks, electronic system design choices) document the policy and the factual decision at the time to reduce later disputes. Where the Regulation refers to external accreditations or approvals, retain documentary proof of recognition, equivalence or accreditation as part of the file.
Part pt.3Procedures for the election of board members
(a) castrating— (i) cattle or sheep of less than 6 months; or (ii) goats of less than 2 months; or (iii) pigs of less than 3 weeks;
(i) cattle or sheep of less than 6 months; or
(ii) goats of less than 2 months; or
(iii) pigs of less than 3 weeks;
(b) dehorning— (i) cattle of less than 6 months; or (ii) goats or sheep of less than 3 months;
(i) cattle of less than 6 months; or
(ii) goats or sheep of less than 3 months;
(c) spaying cattle using the Willis dropped-ovary technique;
(d) tailing sheep of less than 6 months;
(e) mulesing sheep of less than 1 year;
(f) filing or rasping a horse’s teeth;
(g) artificial insemination of cattle, deer, goats, pigs or sheep;
(h) teaching techniques about pregnancy testing of cattle by a veterinary surgeon to an owner of cattle;
(i) pregnancy testing of cattle using rectal palpation or transrectal ultrasound by a person accredited to use rectal palpation or transrectal ultrasound to test for pregnancy in cattle under an approved cattle procedures accreditation scheme;
(j) injecting an animal with lidocaine, if— (i) the lidocaine comprises not more than 2% of an injectable preparation that— (A) is packaged in a container designed to be resistant to being opened; and (B) can only be administered through a rubber ring applicator that includes an injector; and (ii) the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
(i) the lidocaine comprises not more than 2% of an injectable preparation that— (A) is packaged in a container designed to be resistant to being opened; and (B) can only be administered through a rubber ring applicator that includes an injector; and
(A) is packaged in a container designed to be resistant to being opened; and
(B) can only be administered through a rubber ring applicator that includes an injector; and
(ii) the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
(k) spraying an animal wound with lidocaine, if— (i) the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and (ii) the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(i) the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and
(ii) the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(i) cattle or sheep of less than 6 months; or
(ii) goats of less than 2 months; or
(iii) pigs of less than 3 weeks;
(i) cattle of less than 6 months; or
(ii) goats or sheep of less than 3 months;
(i) the lidocaine comprises not more than 2% of an injectable preparation that— (A) is packaged in a container designed to be resistant to being opened; and (B) can only be administered through a rubber ring applicator that includes an injector; and
(A) is packaged in a container designed to be resistant to being opened; and
(B) can only be administered through a rubber ring applicator that includes an injector; and
(ii) the injection is given in conjunction with an act mentioned in paragraph (a) (i) or (d);
(A) is packaged in a container designed to be resistant to being opened; and
(B) can only be administered through a rubber ring applicator that includes an injector; and
(i) the lidocaine comprises not more than 4.5% of an aqueous gel preparation designed to be sprayed on animal wounds; and
(ii) the wound is caused by an act mentioned in paragraph (a) (i) , (b)(i) or (d).
(a) a handle in the shape of the letter ‘T’; and
(b) at its other end, a flattened spearhead with a slit that— (i) is in the forward end of the spearhead; and (ii) has a sharp edge at the end of the slit closest to the forward end of the spearhead; and (iii) joins an oval hole at the other end of the slit.
(i) is in the forward end of the spearhead; and
(ii) has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
(iii) joins an oval hole at the other end of the slit.
(i) is in the forward end of the spearhead; and
(ii) has a sharp edge at the end of the slit closest to the forward end of the spearhead; and
(iii) joins an oval hole at the other end of the slit.
(a) enter the abdomen by piercing the wall of the vagina with the instrument’s spearhead; and
(b) place each ovary, by rectal manipulation, in the oval hole in the instrument’s spearhead; and
(c) sever the ovaries with the sharp edge of the slit in the instrument’s spearhead by retracting the instrument.
pt.3 Procedures for the election of board members
Procedures for the election of board members
pt.3-div.1 Preliminary
Preliminary
sec.4 Definitions for part
sec.4 Definitions for part
In this part—
appointed day , for an election, means the day appointed by the board for the election under section 8 (2) of the Act .
ballot envelope , for a ballot for an election, means an envelope given to an eligible veterinary surgeon for the ballot under section 14 (2) (c) .
closing time , for a ballot for an election, see section 10 (3) .
election means an election of the elected members under section 8 of the Act .
electronic ballot form , for a ballot for an election, means a ballot form prepared for the ballot under section 12 (1) (b) .
electronic vote , in a ballot for an election, means a vote in the ballot using the electronic ballot form and electronic voting system for the ballot.
electronic voting system , for a ballot for an election, means an electronic system prepared for the ballot under section 12 (1) (a) .
nomination notice , for an election, means a notice published under section 6 (a) in relation to the election.
paper ballot form , for a ballot for an election, means a ballot form prepared for the ballot under section 12 (1) (c) .
postal vote , in a ballot for an election, means a vote in the ballot using a paper ballot form for the ballot.
return envelope , for a ballot for an election, means an envelope given to an eligible veterinary surgeon for the ballot under section 14 (2) (d) .
voting services provider , for a ballot for an election, means an entity engaged by the board to administer voting, and count and record votes, in the ballot.
s 4 sub 2023 SL No. 167 s 4
pt.3-div.2 Notice of appointed day for election and nomination of candidates
Notice of appointed day for election and nomination of candidates
sec.5 Application of division
sec.5 Application of division
This division applies if, under section 8 (2) of the Act , the board appoints a day for an election.
s 5 sub 2023 SL No. 167 s 4
sec.6 Notice of election and call for nominations
sec.6 Notice of election and call for nominations
The returning officer must, at least 3 months before the appointed day for the election—
publish a notice, on the board’s website, stating—
the appointed day; and
that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and
the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
give each eligible veterinary surgeon a copy of the notice.
s 6 sub 2023 SL No. 167 s 4
(a) publish a notice, on the board’s website, stating— (i) the appointed day; and (ii) that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and (iii) the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
(i) the appointed day; and
(ii) that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and
(iii) the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
(b) give each eligible veterinary surgeon a copy of the notice.
(i) the appointed day; and
(ii) that each eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election; and
(iii) the time, on a stated day at least 28 days after the day the notice is published, by which a nomination mentioned in subparagraph (ii) must be given to the returning officer; and
sec.7 Requirements for nominations
sec.7 Requirements for nominations
An eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election.
The nomination must—
state the full name of the candidate; and
be signed by—
the candidate; and
at least 3 other eligible veterinary surgeons; and
be given to the returning officer by the time stated in the nomination notice for the election under section 6 (a) (iii) .
A nomination may be accompanied by a written statement by the candidate, of not more than 200 words, introducing the candidate and describing their qualifications and experience.
s 7 sub 2023 SL No. 167 s 4
(sec.7-ssec.1) An eligible veterinary surgeon may nominate 1 eligible veterinary surgeon as a candidate for the election.
(sec.7-ssec.2) The nomination must— state the full name of the candidate; and be signed by— the candidate; and at least 3 other eligible veterinary surgeons; and be given to the returning officer by the time stated in the nomination notice for the election under section 6 (a) (iii) .
(sec.7-ssec.3) A nomination may be accompanied by a written statement by the candidate, of not more than 200 words, introducing the candidate and describing their qualifications and experience.
(a) state the full name of the candidate; and
(b) be signed by— (i) the candidate; and (ii) at least 3 other eligible veterinary surgeons; and
(i) the candidate; and
(ii) at least 3 other eligible veterinary surgeons; and
(c) be given to the returning officer by the time stated in the nomination notice for the election under section 6 (a) (iii) .
(i)
This is an opening excerpt, not the complete document.
Results and tie resolution (ss 18-19A):
If a voting services provider is used, require written notice of results as soon as practicable after counting (s 18).
Where two candidates tie in a way that prevents deciding the two elected members, conduct the draw as set out in s 19(3) with an officer of the board present. Document the process and retain draw materials.
Publish election results on the Board’s website and deliver results to all eligible veterinary surgeons as soon as reasonably practicable after the election (s 19A).