Exemption from sections 42A, 42E and 70 of Act
13 Exemption from sections 42A, 42E and 70 of Act
A registered veterinary surgeon may, by notice in writing, exempt the owner of a dog or cat from the operation of section 42A, 42E or 70 of the
Act (or all of those sections).
However, a registered veterinary surgeon may only grant an exemption under this regulation if satisfied that to microchip or desex the dog or cat (as the case requires) would—
pose an undue risk to the health of the dog or cat;
or
adversely affect the growth, development or wellbeing of the dog or cat.
A registered veterinary surgeon who contravenes subregulation (2) is guilty of an offence. Maximum penalty: $5 000.
An exemption under this regulation remains in force—
in the case of an exemption referred to in subregulation (2)(a)—for the period specified by the registered veterinary surgeon in the notice (which may, to avoid doubt, be an indefinite period); or
in any case—for the period (not exceeding 18 months) specified by the registered veterinary surgeon in the notice.
A notice under subregulation (1) must—
be in a form approved by the Board; and
contain the information required by the Board for the purposes of this paragraph; and
specify the period during which the exemption is in force, (however, the validity of an exemption is not affected by non-compliance with this subregulation).
A registered veterinary surgeon must, as soon as is reasonably practicable after exempting a person under this regulation, provide the Board with such information as the Board may reasonably require relating to the exemption.
The Board, or the registered veterinary surgeon who issued a certificate of exemption, may, by notice in writing, vary or revoke an exemption if satisfied that the grounds on which the exemption was granted are no longer applicable to the relevant dog or cat.
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