Veterinary Surgeons Amendment Act 2002

Veterinary Surgeons Amendment Act 2002

An Act to amend the Veterinary Surgeons Act 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:

1.   Short title

This Act may be cited as the Veterinary Surgeons Amendment Act 2002 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Principal Act

In this Act, the Veterinary Surgeons Act 1987 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3(1) of the Principal Act is amended as follows:

(a) by omitting the definition of approval ;

(b) by omitting the definition of approved veterinary services company ;

(c) by inserting the following definition after the definition of chairman :

Commission means the Australian Securities and Investment Commission established under the Australian Securities and Investment Commission Act 1989 of the Commonwealth;

(d) by inserting the following definition after the definition of member :

primary registration means registration in accordance with section 18(1A) ;

(e) by inserting the following definition after the definition of registered veterinary surgeon :

registration means primary registration or secondary registration;

(f) by inserting the following definition after the definition of repealed Act :

secondary registration means registration in accordance with section 18(1B) ;

(g) by omitting the definition of veterinary services company and substituting the following definition:

veterinary services company means a body corporate one of the objects of which is the provision of veterinary services;

5.    Section 18 amended (Application for registration)

Section 18 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections:

(1)  A person who claims to be entitled to registration may apply to the Board for primary registration or secondary registration.

(1A)  A person may apply for primary registration if the majority of his or her practice is carried out in this State.

(1B)  A person may apply for secondary registration if –

(a) the majority of his or her practice is carried out in another State or a Territory; and

(b) he or she is registered as a veterinary specialist or veterinary surgeon in that State or Territory.

6.    Section 21A inserted

After section 21 of the Principal Act , the following section is inserted in Part IV:

21A.   Initial registration fee

On becoming registered under section 18 , a person is to pay –

(a) the full relevant fee, if he or she is registered on or after 1 January and on or before 31 March; or

(b) three quarters of the relevant fee, if he or she is registered on or after 1 April and on or before 30 June; or

(c) one half of the relevant fee, if he or she is registered on or after 1 July and on or before 30 September; or

(d) one quarter of the relevant fee, if he or she is registered on or after 1 October and on or before 31 December.

7.    Part V, Division 1: Heading amended

Division 1 of Part V of the Principal Act is amended by omitting "Approvals in respect of veterinary services companies and related matters" from the heading to that Division and substituting "List of veterinary services companies".

8.    Section 25 repealed

Section 25 of the Principal Act is repealed.

9.    Section 26 amended (Notification of intention to provide veterinary services)

Section 26 of the Principal Act is amended as follows:

(a) by omitting subsection (1) and substituting the following subsections:

(1)  A company that intends to provide veterinary services must give the Board written notification of that intention.

Penalty:  Fine not exceeding 10 penalty units.

(1A)  A notification is to be in accordance with the approved form.

(b) by omitting from subsection (2) "in an application";

(c) by omitting from subsection (2) "applicant" twice occurring and substituting "company";

(d) by omitting from subsection (2) "application" second occurring and substituting "notification";

(e) by omitting subsection (3) and substituting the following subsection:

(3)  Where the Board serves an instrument under subsection (2) , the Board may refuse to include the company on the list until the company has provided a statement of further particulars and, where any such statement is provided, the Board may refuse to include the company on the list until it is satisfied as to the particulars contained in the statement.

10.    Sections 27 and 28 repealed

Sections 27 and 28 of the Principal Act are repealed.

11.    Section 29 amended (List of veterinary services companies)

Section 29 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "granted approvals" and substituting "received notification in accordance with section 26 ";

(b) by omitting from subsection (3) "grants an approval" and substituting "receives notification in accordance with section 26 ";

(c) by omitting from subsection (3)(a) "approval" and substituting "notification";

(d) by omitting subsection (4) ;

(e) by inserting the following subsection after subsection (7) :

(8)  A veterinary services company that is not on the list must not provide veterinary services.

Penalty:  Fine not exceeding 20 penalty units.

12.    Sections 30 , 31 and 32 substituted

Sections 30 , 31 and 32 of the Principal Act are repealed and the following sections are substituted:

30.   Evidentiary provision

Where the list is published in the Gazette, a copy of the Gazette purporting to contain a copy of the list is admissible in evidence in any legal proceedings and, in the absence of any evidence to the contrary, is proof of the matters contained in the list.

31.   Removal from list

(1)  If a veterinary services company that is on the list intends to cease providing veterinary services, it must notify the Board as soon as practicable after forming the intention.

Penalty:  Fine not exceeding 10 penalty units.

(2)  On receipt of notification under subsection (1) , the Board is to remove the company from the list.

13.    Section 33 amended (Restrictions on provision of veterinary services by veterinary services companies)

Section 33(1) of the Principal Act is amended by omitting "An approved" and substituting "A".

14.    Section 34 amended (Records to be kept)

Section 34 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "shall" and substituting ", registered veterinary surgeon or registered veterinary specialist must";

(b) by inserting in subsection (1)(a)(i) "he, she or" after "whom";

(c) by omitting from subsection (1)(a)(iv) "practitioner" and substituting "surgeon or registered veterinary specialist";

(d) by inserting the following penalty after paragraph (b) in subsection (1) :

Penalty:  Fine not exceeding 20 penalty units.

(e) by omitting subsections (2) and (3) ;

(f) by inserting in subsection (4)(a) ", registered veterinary surgeon or registered veterinary specialist" after "company".

15.    Section 35 amended (Board may require information from records kept under section 34 )

Section 35 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) ", registered veterinary surgeon or registered veterinary specialist" after "services company";

(b) by inserting in subsection (1) "him, her or" after "requiring";

(c) by inserting in subsection (1) "the registered veterinary surgeon or registered veterinary specialist or" after "by";

(d) by omitting from subsection (1) "by the company";

(e) by omitting from subsection (2) "by a veterinary services company";

(f) by omitting subsection (3) and substituting the following subsection:

(3)  A veterinary services company on which, or registered veterinary surgeon or registered veterinary specialist on whom, an instrument is served under subsection (1) must not fail to –

(a) provide the Board with a statement as required by the instrument; or

(b) provide the Board with such a statement within such period as is specified in the instrument or such further period as the Board may allow.

Penalty:  Fine not exceeding 20 penalty units.

(g) by omitting from subsection (4) "by a veterinary services company".

16.    Section 36 repealed

Section 36 of the Principal Act is repealed.

17.    Section 37 amended (Production of case histories, &c.)

Section 37 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) ", registered veterinary surgeon or registered veterinary specialist" after "services company";

(b) by omitting from subsection (1) "or him" and substituting ", him or her";

(c) by inserting in subsection (1)(a) ", surgeon or specialist" after "company";

(d) by inserting in subsection (1)(b) ", surgeon or specialist" after "company";

(e) by omitting subsection (4) .

18.    Section 38 repealed

Section 38 of the Principal Act is repealed.

19.    Section 49 amended (Disciplinary powers of Board in respect of listed veterinary services companies)

Section 49 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(a) "section;" and substituting "section; or";

(b) by omitting from subsection (1)(b) "section; or" and substituting "section.";

(c) by omitting paragraph (c) from subsection (1) ;

(d) by omitting from subsection (2)(b) "approved".

20.    Sections 51 and 52 repealed

Sections 51 and 52 of the Principal Act are repealed.

21.    Section 53 amended (Appeals)

Section 53(1) of the Principal Act is amended as follows:

(a) by omitting paragraphs (b) and (c) ;

(b) by omitting from paragraph (d) " section 17 , 18 , 26 , or 31 " and substituting " section 17 or 18 ";

(c) by omitting subparagraph (iii) from paragraph (d) .

22.    Section 54 amended (Hearing and determination of appeal under section 53)

Section 54(2) of the Principal Act is amended by omitting paragraphs (b) and (c) .

23.    Section 58A inserted

After section 58 of the Principal Act , the following section is inserted in Part VIII:

58A.   Management liable for employed persons

Where a person employed by a body corporate is charged with an offence against this Act, any person who is concerned with, or takes part in, the management of the body corporate may be charged with the same offence and, where the person employed is convicted of the offence, any person charged with the same offence under this section may be convicted of that offence unless he or she satisfies the court that the act or omission constituting the offence took place without his or her knowledge or consent.

24.    Section 59 amended (Entitlement to sue for fees)

Section 59(3) of the Principal Act is amended by omitting "An approved" and substituting "A".

25.    Section 60 amended (Regulations)

Section 60(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

(ba) other fees payable under this Act;

26.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "an approved" on the number of occurrences specified in Column 2 of that Schedule and substituting "a".

SCHEDULE 1 - Substitutions

Section 26

[Second reading presentation speech made in:

House of Assembly on 19 MARCH 2002

Legislative Council on 29 MAY 2002]