Veterinary Surgeons Regulations 1988

Veterinary Surgeons Regulations 1988

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, hereby make the following regulations under the Veterinary Surgeons Act 1987 .

P. H. BENNETT

Governor

By His Excellency's Command,

N. C. K. EVERS

Minister for Primary Industry

1.   Short title

These regulations may be cited as the Veterinary Surgeons Regulations 1988 .

2.   Commencement

These regulations shall take effect on 1 July 1988.

3.   Interpretation

(1)  In these regulations, unless the contrary intention appears,

the Act means the Veterinary Surgeons Act 1987 .

(2)  In these regulations, a reference to a form, quoted by a numeral, shall be construed as a reference to the form in Schedule 1 that is so numbered and as is directed by the context.

4.   Services not included in veterinary services

For the purposes of section 3(1) , the following services are not included in the definition of "veterinary services":

(a) tail docking of lambs that are 6 months old or less;

(b) mulesing of lambs that are 6 months old or less;

(c) deworming except by oesophageal intubation (stomach tube);

(d) castration of oxen, sheep, goats or pigs that are 6 months old or less;

(e) sexing chickens;

(f) debeaking chickens;

(g) removal of horn, horn core, and associated skin in oxen or sheep that are 6 months old or less;

(h) removal of horn or antler buds from any species before the formation of horn or of pedicels (antler bases);

(i) removal or partial removal of antlers or horns from any species, provided that no vascular or other living tissue is removed with the antler or horn;

(j) collection of faecal samples;

(k) collection of milk samples;

(l) collection of blood samples at the direction of a registered veterinary surgeon;

(m) administration of veterinary medicines which the Poisons Act 1971 entitles the person to administer, by subcutaneous or intramuscular injection, oral administration (except oesophageal intubation), or application to any external body surface;

(n) giving of advice on the nutrition and management of livestock;

(o) foot trimming;

(p) examination for pregnancy by the external application of ultrasound scanning in any species;

(q) artificial insemination, provided that the semen is introduced via the vagina and cervical canal.

5.   Details of Register

For the purposes of section 14(3) of the Act, the following details in respect of a person to be registered under the Act shall be entered in the register in the appropriate part:

(a) the name, honorary title, and address of that person;

(b) the veterinary qualifications of the person;

(c) the date on which each qualification was obtained;

(d) the date on which the person was first registered;

(e) the registered speciality of that person.

6.   Prescribed specialities

For the purposes of section 16(1)(b) of the Act, the following are prescribed as specialities:

(a) anaesthesiology and intensive care;

(b) avian medicine;

(c) bovine medicine;

(d) equine medicine;

(e) opthalmology;

(f) pathobiology;

(g) radiology;

(h) reproduction;

(i) small animal medicine;

(j) surgery.

7.   Registration of applicants registered outside State for specific period or purpose

For the purposes of section 17(2) of the Act, an application for registration for a specific period or purpose shall –

(a) contain the following particulars:

(i) the name, honorary title, and address of the applicant;

(ii) the purpose for which the registration is sought;

(iii) the period for which the registration is sought, including the date of commencement and termination;

(iv) proof of registration; and

(b) be accompanied by documents of proof of identity of the applicant.

8.   Particulars and documents required for registration

For the purposes of section 18(2) of the Act, an application for registration shall –

(a) contain the name, honorary title, and address of the applicant;

(b) state the speciality where applicable; and

(c) be accompanied by the following documents:

(i) a certified copy of the qualifications of the applicant;

(ii) proof of identity of the applicant.

9.   Prescribed documents for application for grant of approval to veterinary services companies

For the purposes of section 26(1)(e)(ii) of the Act, an application by a veterinary services company for the grant of an approval shall be accompanied by a certified copy of the certificate of incorporation of the veterinary services company.

10.   Appeals

(1)  An appeal under Part VII of the Act shall be instituted within 14 days –

(a) in the case of a refusal to grant an application for registration under section 18 , after the service of a notice under section 18(6)(a) ;

(b) in the case of a refusal to grant an approval under section 27 or refusal to renew an approval under section 31 , after the service of a notice under section 27(5)(a) or section 31(10)(a) ;

(c) in the case of a refusal to grant an application under section 17(3)(b) , after the date of that refusal;

(d) in the case of a neglect to give, or delay in giving, a decision within a period of 60 days after the receipt of an application under sections 17 , 18 , 26 , or 31 , after the expiration of that period;

(e) in the case of a cancellation of an entry in the register under section 22 , after the date of that cancellation;

(f) in the case of a determination under section 46 , after the date of the service of the notification of the determination; or

(g) in the case of an order under section 49 , after the date of that order.

(2)  An appeal to a magistrate under Part VII of the Act shall be instituted by –

(a) lodging a notice of appeal in accordance with Form 1 with the clerk of petty sessions; and

(b) forwarding a copy of that notice to the Registrar.

(3)  On the receipt of a notice of appeal referred to in subregulation (2) , a clerk of petty sessions shall, on the direction of a magistrate, notify the appellant and the Registrar of the time and place at which the appeal will be heard.

11.   Fees

The fees specified in Schedule 2 are prescribed as the fees payable in respect of the matters to which they relate.

SCHEDULE 1 - Forms

Regulation 10(2)

Form 1 - NOTICE OF APPEAL UNDER PART VII OF THE ACT

SCHEDULE 2 - Fees

Regulation 11

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 29 June 1988

These regulations are administered by the Department of Agriculture.