Veterinary Surgeons Act 1987 (Tas)

Veterinary Surgeons Act 1987

An Act to provide for the registration of veterinary surgeons, the regulation of the practice of veterinary surgery, and incidental matters, and to repeal the Veterinary Act 1918 [Royal Assent 23 December 1987]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title This Act may be cited as the Veterinary Surgeons Act 1987 .

2. Commencement (1) This section and section 1 shall commence on the day on which this Act receives the Royal Assent. (2) Except as provided in subsection (1) , this Act shall commence on a day to be fixed by proclamation.

3. Interpretation (1) In this Act, unless the contrary intention appears – Agency and Head of Agency have the meanings assigned to those terms by the State Service Act 2000 ; animal means – (a) a live vertebrate animal, other than a human being; or (b) a prescribed organism; approved means approved by the Board; Board means the Veterinary Board of Tasmania constituted under section 4 ; chairman means the Chairman of the Board; Commission means the Australian Securities and Investment Commission established under the Australian Securities and Investment Commission Act 1989 of the Commonwealth; corresponding law means a law, of another State or a Territory, that provides for the registration or other authorisation of a person to provide veterinary services; functions includes duties; inspector means a person empowered by the Board under section 10 (1) ; list means the list of veterinary services entities required to be kept under section 29 ; member means a member of the Board; partnership has the same meaning as in the Partnership Act 1891 , except that it does not include an incorporated limited partnership within the meaning of that Act; records includes – (a) books, accounts, minutes, registers, deeds, writings and documents; and (b) X-ray images, photographs and other methods of recording and displaying images; and (c) any other sources of information compiled, recorded, or stored, in written form or on micro-film, or by electronic process, or in any other manner or by any other means; register means the register kept under section 14 ; registered veterinary specialist means a person who – (a) is registered as a veterinary specialist under Part IV ; or (b) is not permanently resident in this State and, subject to subsection (2B) , is registered under a corresponding law as a veterinary specialist; registered veterinary surgeon means a person who – (a) is registered as a veterinary surgeon under Part IV ; or (b) is not permanently resident in this State and, subject to subsection (2B) , is registered under a corresponding law as a veterinary surgeon; Registrar means the person appointed and holding office under section 7 as the Registrar of the Board; registration means registration under this Act; relevant fee, in relation to any matter, means the fee that is approved in relation to the matter; repealed Act means the Veterinary Act 1918 ; the regulations means regulations made and in force under this Act; veterinary establishment means any establishment, vehicle, or place in which veterinary services are carried out; veterinary services means services that form part of the practice of veterinary surgery, and includes, but is not limited to including, the following services: (a) the examination of, or attendance on, any animal for the purposes of diagnosing the physiological or pathological condition of the animal, including testing or imaging for diagnostic purposes; (b) giving advice based on a diagnosis referred to in paragraph (a) , including prescribing treatment, drugs, medications or medical appliances; (c) performing medical or physical treatment of animals; (d) performing surgical procedures on animals; (e) administering an anaesthetic to any animal; (f) conducting pregnancy testing of any animal; (g) carrying out, by manual operation or use of instrumental appliances, any procedure on an animal for artificial breeding purposes – but does not include any prescribed services; veterinary services company means a body corporate, one of the objects of which is the provision of veterinary services, and includes an incorporated limited partnership, within the meaning of the Partnership Act 1891 , that carries on a business, all or part of which consists of the provision of veterinary services; veterinary services entity means – (a) a veterinary services company; or (b) a veterinary services partnership; veterinary services partnership means a partnership that carries on a business, all or part of which consists of the provision of veterinary services; veterinary student means a person who has commenced a course of veterinary studies at an approved institution on a full time basis; veterinary surgery means the art and science of veterinary surgery and medicine. (2) Unless the contrary intention appears – (a) a reference in this Act to a person being registered under Part IV includes a reference to a person provisionally so registered, and a reference to registration under Part IV has a corresponding meaning; and (b) a reference in this Act to practising veterinary surgery includes the running, operating, or administering by a veterinary surgeon of a veterinary establishment. (2A) A reference in this Act to a person being registered as a veterinary surgeon or veterinary specialist under a corresponding law is to be taken to include a reference to the person being registered or otherwise authorised under such a law to provide veterinary services, or specialist veterinary services, respectively, for which registration or authorisation under that law is required, and a reference to registration under a corresponding law has a corresponding meaning. (2B) Despite subsection (2A) , a person is not, for the purposes of this Act, to be taken to be registered or authorised as a veterinary surgeon or veterinary specialist under a corresponding law if the registration, or other authorisation, of the person under that law – (a) is specified under that law to be temporary; (b) is honorary only, including registration or authorisation under a corresponding law that is granted or maintained by a person who has generally retired from practice; or (c) is of a type of registration or authorisation that is prescribed in the regulations for the purposes of this subsection. (3) Nothing in this Act shall be construed as permitting any person to contravene any provisions of any law or enactment relating to cruelty to animals, animal welfare or control or use of chemicals, poisons or pharmaceuticals.