Veterinary Surgeons Amendment Act 2015


Tasmanian Crest
Veterinary Surgeons Amendment Act 2015

An Act to amend the Veterinary Surgeons Act 1987

[Royal Assent 13 November 2015]

Be it enacted by Her 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 2015 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Principal Act

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

4.    Section 4 amended (Constitution of Veterinary Board of Tasmania)

Section 4 of the Principal Act is amended as follows:
(a) by omitting paragraphs (b) and (c) from subsection (4) and substituting the following paragraph:
(b) 4 are to be appointed from a panel of 7 persons nominated by a selection committee appointed by the Minister.
(b) by inserting the following subsections after subsection (4) :
(4A)  The selection committee referred to in subsection (4)(b) is to be made up of –
(a) a representative from the Australian Veterinary Association (Tasmanian Division) or another organisation representing the veterinary profession; and
(b) a representative of the government; and
(c) a representative of consumers of veterinary services; and
(d) such other persons as the Minister considers appropriate.
(4B)  Of the 4 persons referred to in subsection (4)(b)  –
(a) 3 must –
(i) be registered as veterinary surgeons under Part IV ; and
(ii) have their primary place of business in Tasmania; and
(b) one must be a consumer of veterinary services.
(c) by omitting from subsection (6) "association referred to in paragraph (c) of subsection (4) " and substituting "selection committee referred to in paragraph (b) of subsection (4) ";
(d) by omitting from subsection (7) " paragraph (c) of subsection (4) " and substituting " paragraph (a) of subsection (4A) ".

5.    Section 5B amended (Board to declare veterinary service standards)

Section 5B(2) of the Principal Act is amended as follows:
(a) by omitting from paragraph (a) "veterinary practitioner" and substituting "registered veterinary surgeon or registered veterinary specialist";
(b) by omitting from paragraph (b) "veterinary practitioner" and substituting "registered veterinary surgeon or registered veterinary specialist".

6.    Section 8 amended (Protection for members of the Board, &c.)

Section 8 of the Principal Act is amended by inserting "an inspector" after "Registrar,".

7.    Section 18 amended (Application for registration)

Section 18 of the Principal Act is amended by inserting after subsection (3) the following subsection:
(3A)  Registration may be subject to such terms and conditions as the Board considers appropriate.

8.    Section 21A amended (Initial registration fee)

Section 21A of the Principal Act is amended as follows:
(a) by omitting from paragraph (a) "January" and substituting "July";
(b) by omitting from paragraph (a) "31 March" and substituting "30 September";
(c) by omitting from paragraph (b) "April" and substituting "October";
(d) by omitting from paragraph (b) "30 June" and substituting "31 December";
(e) by omitting from paragraph (c) "July" and substituting "January";
(f) by omitting from paragraph (c) "30 September" and substituting "31 March";
(g) by omitting from paragraph (d) "October" and substituting "April";
(h) by omitting from paragraph (d) "31 December" and substituting "30 June".

9.    Section 22 amended (Annual registration fee)

Section 22 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "January" and substituting "July";
(b) by omitting from subsection (1) "that year" and substituting "the financial year commencing on that date";
(c) by inserting the following subsection after subsection (1) :
(1A)  If a person does not pay the relevant fee before 1 July, the Board may require payment of an additional late fee.
(d) by inserting in subsection (2) ", and any additional late fee," after "that fee";
(e) by inserting in subsection (3) ", and any additional late fee," after "fee";
(f) by inserting in subsection (3) "or her" after "his";
(g) by inserting the following subsection after subsection (3) :
(4)  A person who was, immediately before the commencement of section 9 of the Veterinary Surgeons Amendment Act 2015, registered as a veterinary surgeon is to pay one half of the relevant fee for registration for the period from 1 January to 30 June 2016, inclusive.

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

Section 26 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) ", or a sole practitioner who," after "partnership that";
(b) by inserting in subsection (2) ", sole practitioner" after "on the company";
(c) by inserting in subsection (2) "the sole practitioner or" after "by";
(d) by inserting in subsection (3) ", sole practitioner" after " subsection (2) , the Board may refuse to include the company";
(e) by inserting in subsection (3) ", sole practitioner" after "until the company";
(f) by inserting in subsection (3) ", sole practitioner" after "provided, the Board may refuse to include the company".

11.    Section 41 amended (Interpretation of Part VI)

Section 41(2)(b) of the Principal Act is amended by inserting ", section 18(3A) " after " section 11A(1) ".

12.    Section 48 amended (Informal proceedings)

Section 48 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "registered veterinary surgeon or registered veterinary specialist or a" after "investigation a";
(b) by inserting in subsection (1) "or she" after "he";
(c) by inserting in subsection (1) "or her" after "requiring him";
(d) by inserting in subsection (1) "or her" after "enabling him";
(e) by inserting in subsection (3)(a) "or she" after "he";
(f) by inserting in subsection (3)(a) "or her" after "him";
(g) by inserting in subsection (3)(b) "or she" after "he";
(h) by inserting in subsection (5) "or her" after "him".

13.    Section 54A amended (National coordination of registration and registration information)

Section 54A(2) of the Principal Act is amended by omitting paragraph (d) and substituting the following paragraph:
(d) giving a caution under section 48(3)(a) ;

14.    Section 56 amended (Service of documents)

Section 56(1) of the Principal Act is amended as follows:
(a) by omitting paragraph (b) and substituting the following paragraph:
(b) by post, facsimile or email directed to the person; or
(b) by omitting subparagraph (iii) from paragraph (c) and substituting the following subparagraph:
(iii) by post, facsimile or email directed to the secretary of the company; or
(c) by omitting subparagraph (iii) from paragraph (d) and substituting the following subparagraph:
(iii) by post, facsimile or email directed to a partner in the partnership.

15.    Section 57 amended (Fees)

Section 57 of the Principal Act is amended by inserting after subsection (2) the following subsection:
(2A)  The Board may waive, wholly or in part, any fee payable under this Act.

16.   Repeal of Act

This Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.

[Second reading presentation speech made in:

House of Assembly on 15 SEPTEMBER 2015

Legislative Council on 24 SEPTEMBER 2015]