Veterinary Practice Act 2018

This Act is the Veterinary Practice Act 2018.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

For example, the signpost definition ‘veterinary science—see section 8.’ means that the term ‘veterinary science’ is defined in that section.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

The object of this Act is to regulate the provision of veterinary services to ensure the following:

the provision of veterinary services is focussed on the welfare and protection of animals;

veterinary practitioners provide veterinary services professionally and competently;

premises at which veterinary services are provided are of an acceptable standard;

veterinary services provided in the ACT comply with standards that—

are acceptable to the community; and

meet national and international trade requirements;

consumers of veterinary services—

are well informed about the competencies required of veterinary practitioners; and

have confidence in accessing veterinary services from veterinary practitioners;

the protection of the health and welfare of people.

Part 2 Practice of veterinary science

In this Act:

restricted act of veterinary science means an act of veterinary science prescribed by regulation.

Before an act of veterinary science is prescribed under subsection (1), the Minister must ask the board to advise the Minister whether the act should be prescribed.

The board must not advise the Minister that an act of veterinary science be prescribed under subsection (1) unless the board considers the act, if carried out on an animal, is likely to—

cause unacceptable harm or suffering to the animal; or

adversely affect human health; or

adversely affect domestic or international trade.

The Minister must consider the board’s advice in recommending that an act of veterinary science be prescribed under subsection (1).

A regulation must not prescribe an act of veterinary science mentioned in schedule 2 (an unrestricted act of veterinary science) as a restricted act of veterinary science.

In this Act:

veterinary science means any branch of the science or art of veterinary medicine or veterinary surgery and includes the following:

examining or attending to an animal to diagnose the physiological or pathological condition of the animal;

giving anaesthetic to, or performing an operation on an animal;

diagnosing pregnancy in an animal;

carrying out an artificial breeding procedure on an animal that involves surgery;

de-antlering deer;

anything else prescribed by regulation.

In this Act:

registered veterinary practitioner means a veterinary practitioner registered under this Act other than a veterinary practitioner whose registration is suspended.

A person commits an offence if—

the person carries out a restricted act of veterinary science on an animal; and

the person is not a registered veterinary practitioner with—

general registration; or

specialist registration.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Strict liability applies to subsection (1) (b).

This section does not apply if—

the person—

is a student enrolled in a course of education in veterinary surgery or veterinary science offered by an Australian, New Zealand or other foreign institution that is accredited by AVBC or approved by the board; and

Note AVBC—see the dictionary.

is carrying out the restricted act of veterinary science—

as part of the course of education; and

under the direct supervision of a registered veterinary practitioner; or

the restricted act of veterinary science is necessary because the animal is in urgent need of veterinary treatment and a registered veterinary practitioner holding general registration or specialist registration is unavailable; or

the person is a prescribed person or the restricted act of veterinary science is done in a prescribed circumstance.

Note Other laws apply to a person who is the owner of an animal (for example, the Animal Welfare Act 1992, s 6B, s 9C and s 19).

In this section:

prescribed circumstance means a circumstance prescribed by regulation.

prescribed person means a person prescribed by regulation.

A person commits an offence if—

the person pretends to be a registered veterinary practitioner; and

the person is not a registered veterinary practitioner.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Strict liability applies to subsection (1) (b).

A person commits an offence if—

the person represents that a person—

is a registered veterinary practitioner; or

holds a specialist registration; and

the representation is false.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Examples—par (a) (i) using the following title or description in relation to the person:

 animal doctor

 vet

 veterinary

 veterinary practice

 veterinary practitioner

 veterinary surgeon

Example—par (a) (ii) using the title or description of ‘specialist’ in relation to the person

A person commits an offence if—

the person carries out a restricted act of veterinary science that requires specialist registration; and

the person does not hold the required specialist registration.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Strict liability applies to subsection (1) (b).