Veterinary Surgeons Registration (Amendment) Act 1982 (ACT)

Veterinary Surgeons Registration

(Amendment) Ordinance 1982

No. 33 of 1982

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following

Ordinance under the Seat of Government (Administration) Act 1910.

Dated 25 June 1982.

ZELMAN COWEN

Governor-General

By His Excellency's Command,

J . J . C A R L T O N

Minister of State for Health

An Ordinance to amend the Veterinary Surgeons Registration Ordinance 1965

Short title

1. This Ordinance may be cited as the Veterinary Surgeons Registration

(Amendment) Ordinance 1982.'

Commencement

(a)	by omitting from sub-section (2) "Subject to section fourteen of this Ordinance, a person" and substituting "A person"; and
(b)	by omitting from sub-section (2) "a fee of Two dollars" and substitut­
ing "the prescribed fee".

2. This Ordinance shall come into operation on such date as is fixed by the Minister of State for the Capital Territory by notice published in the	Gazette.
Principal Ordinance

3. In this Ordinance, "Principal Ordinance" means the Veterinary Sur­

geons Registration Ordinance 1965.

Persons entitled to registration

4. Section 12 of the Principal Ordinance is amended—

Repeal of sections 13 and 14

5. Sections 13 and 14 of the Principal Ordinance are repealed.

Mode of registration

6. Section 15 of the Principal Ordinance is amended by omitting sub­ section (3) and substituting the following sub-sections:

"(3) Where a person is registered as a veterinary surgeon under this Ordi­ nance, the Board shall cause to be issued to him a certificate of registration under the hand of the Chairman or Deputy Chairman.

"(4) A certificate of registration issued under sub-section (3) is evidence that the person specified in the certificate was registered as a veterinary surgeon under this Ordinance on the date specified in the certificate.".

7. Section 17 of the Principal Ordinance is repealed and the following sec­ tions substituted:

Notification of address and payment of annual fee

"17. (1) A registered veterinary surgeon shall, on or before 1 July in each

year—

(a) notify the Board of each of his professional addresses in the Territory or, if he has no professional address in the Territory, of his place of resi­ dence; and

(b) pay the prescribed fee.

"(2) Where a registered veterinary surgeon does not comply with the provisions of sub-section (1), the Board shall cause to be sent to him a notice requiring him to comply with the provisions of paragraphs ( l ) ( a ) and (b) within one month after the date of the notice and advising him that if he does not do so his registration will be cancelled.

"(3) A notice under sub-section (2) shall be posted to the registered veterinary surgeon at his professional address, or at one of his professional

addresses, recorded in the Register, or at his last known place of residence.
"(4) Where a registered veterinary surgeon to whom a notice under sub-section (2) has been sent does not comply with the requirements of the notice, the Board shall cancel his registration.

"(5) Where a person whose registration has been cancelled under sub-section (4) —

(a)	notifies the Board of each of his professional addresses in the Territory or, if he has no professional address in the Territory, of his place of residence; and
(b)	pays the prescribed fee referred to in paragraph ( l ) ( b ) ,

within 12 months after the date on which his registration was so cancelled, the
Board shall re-register the person.

Change of address to be not i f i ed

"17A .	Where—
(a)	a change occurs in an address of a registered veterinary surgeon entered in the register under sub-section 15(1) or furnished to the Board under section 17; or
(b)	a registered veterinary surgeon establishes a professional address, or an additional professional address, in the Territory,

the registered veterinary surgeon shall, within one month of the change or

establishment, as the case may be, notify the Chairman in writing accordingly.

Penalty: $100.

Provisional registration
"17B. (1) Where a person who has applied for registration as a veterinary surgeon in accordance with sub-section 12 (2) applies for provisional registration as a veterinary surgeon and pays the prescribed fee for provisional registration, the Chairman may grant provisional registration as a veterinary surgeon to the person.

"(2) Provisional registration granted under this section shall, subject to sub-section (3), remain in force for a period of 3 months from the date of the grant and shall not be renewed.

"(3) Where, within the period of 3 months referred to in sub-section (2), the Board makes a decision on the application for registration as a veterinary surgeon, the provisional registration ceases to be in force.

Temporary registration
"17C. (1) A person may apply to the Chairman for temporary registration as a veterinary surgeon if the person—

(a)

is entitled to practise as a veterinary surgeon in a State or another Territory; and

(b) intends to practise as a veterinary surgeon, other than a registered

veterinary surgeon, in the Territory on behalf of a registered veterinary
surgeon.

"(2) Subject to this section, the Chairman may grant temporary registration on an application made under sub-section (1) where he is satisfied that the prescribed fee has been paid.

"(3) Temporary registration granted under this section shall remain in force for a period of 3 months from the date of the grant and, subject to this section, may, upon application by the person to whom temporary registration was granted and payment of the prescribed fee, be renewed for a further period of 3 months.

"(4) Temporary registration shall not be granted or renewed under this section where the applicant has been temporarily registered for a total period of 6 months during the period of 24 months immediately preceding the date of his application for temporary registration or renewal, as the case may be.

Special registration

"17D. (1) This section applies to a person who—

(a)	is entitled to practise as a veterinary surgeon in a place outside Australia; and
(b)	is visiting the Territory in connection with research into, or dissemination of knowledge of the theory or practice of, veterinary science.

"(2) Upon application made to the Board on behalf of a person to whom this section applies by—

(a)	a University, college of advanced education or other educational institution; or
(b)	a professional association whose objects include the promotion of research into, or the dissemination of knowledge of the theory or practice of, veterinary science,

and on payment of the prescribed fee, the Board may grant special registration

as a veterinary surgeon to the person.

"(3) Special registration granted under this section—

(a)	shall remain in force for such period, not exceeding 12 months, as the Board specifies;
(b)	may be renewed, on payment of the prescribed fee, for a further period of 12 months; and
(c)	may be granted subject to such restrictions and conditions as the Board thinks fit.

Effect of provisional, &c , registration
"17E. Subject to paragraph 17D (3) (c), a person who has been granted provisional, temporary or special registration as a veterinary surgeon under this Ordinance shall, while the registration is in force, be deemed to be a registered veterinary surgeon for the purposes of sections 21, 29, 31 and 32.".

8. Sections 19 and 20 of the Principal Ordinance are repealed and the following section substituted:

Alteration of Register 

"19. (1) The Board shall cause to be removed from the Register the name of a registered veterinary surgeon who has died.

"(2) The Board may, from time to time, at the request of a person or of its own accord, make such other alterations to particulars in the Register as are necessary.
"(3) The Board shall not make an alteration to particulars in the Register at the request of a person unless it is satisfied that the prescribed fee has been paid.".
Repeal of section 25

9. Section 25 of the Principal Ordinance is repealed.

Publication of notice of decision of Board or Court on appeal
10. Section 26 of the Principal Ordinance is amended by omitting paragraph (1) (a) and substituting the following paragraph:

" (a) ordering the cancellation of the registration of a person;".

11. After section 27 of the Principal Ordinance the following sections are inserted in Part III:

Return of certificates of registration
"27A. (1) Where a person ceases to be registered as a veterinary surgeon under this Ordinance, the Board may, by notice in writing given to the person at his professional address, or at one of his professional addresses, recorded in the Register or at his last known place of residence, require him, within one month after receipt of the notice, to deliver his certificate of registration to the Board.

"(2) A person shall not fail to comply with a notice given under sub-section

(1).

Penalty: $100.

"(3) Sub-section (2) does not apply to a person who satisfies the Board

that—

(a)	the certificate has been destroyed; or
(b)	after diligent search, the person has been unable to find the certificate.

Duplicate certificates

"27B. Where -

(a)	a certificate issued under sub-section 15(3) has been destroyed or lost; and
(b)	the person to whom the certificate was issued continues to be

registered as a veterinary surgeon under this Ordinance,

the Board shall, on payment of the prescribed fee, cause to be issued to the registered veterinary surgeon to whom the certificate was issued a duplicate certificate.".

Appeal

12. Section 28 of the Principal Ordinance is amended

(a) by omitting paragraph (b) and substituting the following paragraphs:

"(b)	ordering the cancellation of the registration of a person;
(ba)	refusing to grant special registration to a person under section 17D or refusing to renew special registration granted to a person under that section;"; and

(b) by adding at the end thereof the following sub-section:

"(2) Application may be made to the Tribunal for review of a decision by the Chairman refusing to grant temporary registration to a person under section 17C or refusing to renew temporary registration granted to a person under that section.".

Only registered veterinary surgeons to practise veterinary surgery

13. Section 29 of the Principal Ordinance is amended by omitting sub-section (2).

14. Before section 43 of the Principal Ordinance the following section is inserted in Part VI:

Inspection of Register
"42. (1) A person may, on payment of the prescribed fee, inspect an entry in the Register.
"(2) A person may, on payment of the prescribed fee, obtain a certified copy of an entry in the Register.
"(3) The Board may, on request by the registration authority of a State, Territory or place outside Australia and without payment by the registration authority of a fee, forward a certified copy of the Register to that registration authority.
"(4) In this section, 'registration authority' means a person or body empowered by or under the law of a State, Territory or place outside Australia to register veterinary surgeons or otherwise to authorize the practise of veterinary surgery.".

NOTES

1. Notified in the Commonwealth of Australia Gazette on 28 June 1982.

2.     No. 3, 1965 as amended by No. 19, 1966; No. 17, 1967; No. 39, 1970; No. 65, 1977; No. 46,1978; No. 26,1979; No. 52, 1980; No. 53 ,1981.