AUSTRALIAN CAPITAL TERRITORY

Veterinary Surgeons (Amendment)
Act 1994
No. 48 of 1994
TABLE OF PROVISIONS

Section
part i—preliminary
	1.	Short title
	2.	Commencement
	3.	Principal Act
Part ii—Amendments of Principal Act
	4.	Short title
	5.	Interpretation
	6.	Substitution—
	4A.	Competence to practise veterinary surgery
	4B.	Impairment
	7.	Heading to Part III
	8.	Insertion—
Division 1—Qualifications for registration
	8.	Entitlement to registration as a veterinary surgeon
	9.	Entitlement to registration as a specialist veterinary surgeon
	10.	Registration under mutual recognition principle
	10A.	Registration at discretion of Board
	10B.	Interim registration
	10C.	Conditions of registration in cases of impairment
	10D.	Refusal of registration where applicant convicted of offence
	10E.	Refusal of registration where applicant deregistered under foreign law
	10F.	Applicants to be competent and of good character
	10G.	Restriction on registration of deregistered or suspended persons
Division 2—Registration procedure
	10H.	Applications for registration
	10J.	Applications to be considered and determined
	10K.	Registration of applicants
	10L.	Fee for registration pursuant to Mutual Recognition Act
	10M.	Conditions of registration
Division 3—Registers 
	9.	Register of Veterinary Surgeons
	10.	Substitution—
	12.	Register of Specialist Veterinary Surgeons
	13.	Particulars to be entered in Register of Veterinary Surgeons
	14.	Particulars to be entered in Register of Specialist Veterinary Surgeons
	15.	Certificate of registration	
	16.	Change of address to be notified
	11.	Alteration of Registers
	12.	Substitution—
	20.	Deregistration as a specialist veterinary surgeon on basis of deregistration as a veterinary surgeon
	21.	Suspension as a specialist veterinary surgeon on basis of suspension as a veterinary surgeon
	22.	Deregistration on basis of disciplinary action under foreign law
	23.	Imposition of conditions imposed under foreign law
	24.	Cessation of registration
Division 4—Annual fees
	25.	Annual fee payable by registered veterinary surgeon
	25A.	Annual fee payable by registered specialist veterinary surgeon
	25B.	Registration to be cancelled for non-payment
	25C.	Entitlement to re-registration on payment of fees
part iv—disciplinary procedures
	25D.	Cancellation or suspension of registration
	25E.	Cancellation, suspension or restriction of right of practise on health grounds
	25F.	Practising when registration suspended
	25G.	Power of Board to caution, reprimand etc.
	25H.	Power of Board to impose fines
	25J.	Inquiry by Board
	25K.	Effect of suspension and conditions
	13.	Publication of decision
	14.	Application for re-registration
	15.	Repeal
	16.	Only registered veterinary surgeons to practise veterinary surgery
	17.	Publishing advertisements
	18.	Insertion—
part vA—appeals
	35.	Review of decisions
	36.	Notification of decisions
	19.	Inspection of Registers
	20.	Further amendments
part iii—transitional provisions
Division 1—Savings
	21.	Continuation of registration
	22.	Persons granted provisional registration	
	23.	Persons granted temporary registration
	24.	Failure to pay annual fee under repealed provisions
	25.	Applications for registration
	26.	Continuation of inquiries and reviews
	27.	Complaints relating to previous conduct
	28.	Existing orders
Division 2—Miscellaneous
	29.	Interim entitlement to be registered as specialist veterinary surgeon
	30.	Review of decisions
part iv—miscellaneous
	31.	Renumbering of provisions
schedule
Further amendments

AUSTRALIAN CAPITAL TERRITORY

Veterinary Surgeons (Amendment)
Act 1994
No. 48 of 1994
	
An Act to amend the Veterinary Surgeons Registration Act 1965 and for related purposes
	[Notified in ACT Gazette S196: 5 October 1994]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
part i—preliminary
Short title
1.  This Act may be cited as the Veterinary Surgeons (Amendment) Act 1994.
Commencement
2.  (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.
(2)  The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.
(3)  If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, that provision, by force of this subsection, commences on the first day after the end of that period.
Principal Act
3.  In this Act, “Principal Act” means the Veterinary Surgeons Registration  Act 1965.1
Part ii—Amendments of Principal Act 
Short title
4.  Section 1 of the Principal Act is amended by omitting “Registration”.
Interpretation
5.  Section 4 of the Principal Act is amended—
	(a)	by omitting from subsection (1) the definition of “registered veterinary surgeon” and substituting the following definition:
“ ‘registered veterinary surgeon’ means a person—
	(a)	who is registered under this Act; or
	(b)	who is to be deemed to be registered under this Act by virtue of section 25 of the Mutual Recognition Act;”;
	(b)	by omitting from subsection (1) the definitions of “the Board”, “the Chairman”, “the Deputy Chairman” and “the Register”;
	(c)	by inserting in subsection (1) the following definitions:
“ ‘Board’ means the Veterinary Surgeons Board established by section 5;
‘Chairperson’ means the Chairperson of the Board;
‘Deputy Chairperson’ means the Deputy Chairperson of the Board;
‘determined fee’ means the fee determined under section 42B for the purposes of the provision in which the expression occurs;
‘Mutual Recognition Act’ means the Mutual Recognition Act 1992 of the Commonwealth;
‘registered specialist veterinary surgeon’ means a person—
	(a)	who is registered in a specialist branch of veterinary surgery under this Act; or
	(b)	who is to be deemed to be registered in a specialist branch of veterinary surgery under this Act by virtue of the Mutual Recognition Act;
‘registration authority’ means a person or body empowered by a law of a place outside the Territory to register veterinary surgeons or otherwise to authorise persons to practise as veterinary surgeons;
‘specialist branch of veterinary surgery’ means 1 of the following:
	(a)	animal behaviour;
	(b)	veterinary anaesthesiology;
	(c)	veterinary medicine;
	(d)	veterinary ophthalmology;
	(e)	veterinary pathobiology;
	(f)	veterinary radiology;
	(g)	veterinary reproduction;
	(h)	veterinary surgery;
	(j)	any other prescribed branch of veterinary surgery;
‘specialist veterinary surgeon’ means a person who practises a specialist branch of veterinary surgery;”; and
	(d)	by omitting subsection (2).
Substitution
6.  Section 4A of the Principal Act is repealed and the following sections are substituted:
Competence to practise veterinary surgery
“4A.  For the purposes of this Act, a person shall be taken to be competent to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires, only if the person—
	(a)	has sufficient physical capacity, mental capacity and skill to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires; and
	(b)	has sufficient communication skills to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires, including an adequate command of the English language.
Impairment
“4B.  (1)  For the purposes of this Act, a person shall be taken to suffer from an impairment if the person suffers from any physical or mental impairment, disability, condition or disorder which detrimentally affects, or is likely to detrimentally affect, the person’s physical or mental capacity to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires.
“(2)  For the purposes of subsection (1), habitual drunkenness or addiction to a deleterious drug shall be taken to be a physical or mental disorder.”.
Heading to Part III
7.  The heading to Part III of the Principal Act is amended by omitting “AND QUALIFICATIONS”.
Insertion
8.  Before section 11 of the Principal Act the following Divisions and Division heading are inserted in Part III:
“Division 1—Qualifications for registration 
Entitlement to registration as a veterinary surgeon
“8.  (1)  A person is entitled to be registered as a veterinary surgeon if—
	(a)	the person is a graduate of a course of education and training in veterinary surgery offered by an Australian institution, being a course that is accredited by the Board or approved by a registration authority of a State or another Territory; or
	(b)	the person—
	(i)	has completed a course of education or training in veterinary surgery in a place outside Australia, being a course that is accredited by the Board;
	(ii)	has undertaken such further education or training and gained such experience in practising veterinary surgery, for such period not exceeding 12 months, as the Board determines; and
	(iii)	has passed such examinations, as the Board requires.
“(2)  The Board shall not accredit a course offered by an institution in a place outside Australia unless the course is substantially equivalent to a course referred to in paragraph (1) (a).
“(3)  The entitlement under this section is an entitlement to registration that is not subject to any condition.
Entitlement to registration as a specialist veterinary surgeon
“9.  A person is entitled to be registered as a specialist veterinary surgeon if the person is a registered veterinary surgeon who—
	(a)	holds a qualification in a specialist branch of veterinary surgery, being a qualification that is accredited by the Board or approved by a registration authority of a State or another Territory; and
	(b)	has gained such experience practising in the specialist branch of veterinary surgery as the Board requires to regard the person as a specialist veterinary surgeon in that branch.
Registration under mutual recognition principle
“10.  (1)  A person who is licensed or registered as a veterinary surgeon under the law in force in a State or another Territory that is a participating jurisdiction within the meaning of the Mutual Recognition Act is entitled to be registered as a veterinary surgeon under this Act.
“(2)  A person who is licensed or registered as a specialist veterinary surgeon under the law in force in a State or another Territory that is a participating jurisdiction within the meaning of the Mutual Recognition Act is entitled to be registered as a specialist veterinary surgeon in the same specialist branch of veterinary surgery under this Act.
“(3)  If the person’s licence or registration in the State or other Territory is not subject to any condition or restriction, the person’s entitlement to registration under this Act is an entitlement to registration that is not subject to any condition.
“(4)  If the person’s licence or registration in the State or other Territory is subject to any condition or restriction, the person’s entitlement to registration under this Act is an entitlement to registration subject to the conditions to which that licence or registration is subject or conditions appropriate to give effect to any restriction to which that licence or registration is subject.
Registration at discretion of Board
“10A.  (1)  Where a person is a graduate of a course of education or training referred to in subparagraph 8 (1) (b) (i), the Board may register the person as a veterinary surgeon on a temporary basis to enable him or her to—
	(a)	undertake a course of education or training approved by the Board; or
	(b)	gain experience in practising veterinary surgery.
“(2)  The Board may register a person as a veterinary surgeon for the purpose of enabling an unmet area of need to be met if the Board is satisfied that the person has suitable qualifications and experience to practise veterinary surgery in that area of need.
“(3)  The Board may register a person as a veterinary surgeon for the purpose of enabling the person to fill a teaching or research position if—
	(a)	the person has qualifications that the Board considers appropriate for that purpose; and
	(b)	the application is supported in writing by the professional association, university or other institution by which it is proposed that the person be engaged for that purpose.
“(4)  The Board may register a person as a veterinary surgeon on a temporary basis if satisfied that it is in the public interest to do so.
“(5)  The Board may impose such conditions on the registration of a person under this section as it considers appropriate.
Interim registration
“10B.  (1)  An applicant for registration may be granted interim registration where—
	(a)	the person is entitled to registration under section 8 or 9 but it is not practicable to wait until the Board can consider the application; or
	(b)	the person would be entitled to registration under section 8 or 9 except for the fact that a degree or award to which the applicant is entitled has not yet been conferred or granted by the institution concerned.
“(2)  A person authorised by the Board for the purposes of this section may, on payment of the determined fee, grant to an applicant for registration interim registration in accordance with this section.
“(3)  Interim registration granted to a person under this section remains in force from the time at which it is granted until the person is given notice in writing that the Board has—
	(a)	granted him or her registration;
	(b)	refused his or her application for registration; or 
	(c)	cancelled the interim registration.
“(4)  The Board may cancel a person’s interim registration for any reason that it considers proper and shall immediately give the person notice in writing of the cancellation.
“(5)  A person who holds interim registration is for all purposes to be taken to be a registered veterinary surgeon or a specialist veterinary surgeon, as the case requires.
Conditions of registration in cases of impairment
“10C.  (1)  The Board may impose conditions on a person’s registration as a veterinary surgeon or specialist veterinary surgeon if the Board is satisfied that the person suffers from an impairment and the conditions are reasonably required having regard to the impairment.
“(2)  Where conditions have been imposed on a person’s registration under this section (including conditions imposed on a review under this section), the Board may, if so requested by the person, review the conditions and, if satisfied—
	(a)	that the person no longer suffers from the impairment; or
	(b)	that the impairment has lessened;
the Board may alter or remove the conditions or impose new conditions.
Refusal of registration where applicant convicted of offence
“10D.  (1)  Subject to subsection (3), the Board may refuse an application for registration as a veterinary surgeon or specialist veterinary surgeon if—
	(a)	the applicant has been convicted in the Territory of an offence or has been convicted outside the Territory by a court for or in respect of an act or omission that would, had it taken place in the Territory, have constituted an offence; and 
	(b)	the Board is of the opinion that the conviction renders the person unfit in the public interest to practise veterinary surgery or the specialist branch of veterinary surgery in relation to which the person has applied for registration.
“(2)  The Board shall have regard to the nature of an offence and the circumstances in which it was committed in making a decision under subsection (1).
“(3)  Subsection (1) does not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Refusal of registration where applicant deregistered under foreign law
“10E.  (1)  Subject to subsection (4), the Board may refuse an application for registration as a veterinary surgeon if the applicant’s name has been removed from a foreign register of veterinary surgeons for any reason relating to conduct of the person as a veterinary surgeon or on any basis relating to the person’s physical or mental capacity to practise veterinary surgery.
“(2)  Subject to subsection (4), the Board may refuse an application for registration as a specialist veterinary surgeon if the applicant’s name has been removed from a foreign register of specialist veterinary surgeons for any reason relating to conduct of the person as a specialist veterinary surgeon or on any basis relating to the person’s physical or mental capacity to practise the branch of specialist veterinary surgery in relation to which he or she has applied for registration.
“(3)  A person’s name shall be taken to have been removed from a foreign register of veterinary surgeons or specialist veterinary surgeons if it is removed from any register or roll established or kept under any law of a State, another Territory or a place outside Australia providing for the registration or licensing of veterinary surgeons or specialist veterinary surgeons, or the authorisation of persons to practise veterinary surgery or a specialist branch of veterinary surgery, as the case requires.
“(4)  Subsections (1) and (2) do not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Applicants to be competent and of good character
“10F.  (1)  Subject to subsection (3), the Board shall not register a person as a veterinary surgeon unless it is satisfied that the person is competent to practise veterinary surgery and is of good character.
“(2)  Subject to subsection (3), the Board shall not register a person as a specialist veterinary surgeon unless it is satisfied that the person is competent to practise the specialist branch of veterinary surgery in relation to which the person has applied for registration.
“(3)  Subsections (1) and (2) do not apply in relation to a person who is entitled to registration pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
Restriction on registration of deregistered or suspended persons
“10G.  (1)  Subject to subsection (2), a person whose registration as a veterinary surgeon or specialist veterinary surgeon has been cancelled (otherwise than under subsection 20 (1), section 22 or subsection 25B (2)) or suspended (otherwise than under subsection 21 (1) or 25J (2)) the person may not apply for re-registration or termination of the suspension, as the case may be, otherwise than under section 27.
“(2)  Subsection (1) does not apply in relation to a person who is entitled to be re-registered pursuant to the Mutual Recognition Act and who has lodged with the Board a notice under section 19 of that Act.
“Division 2—Registration procedure
Applications for registration
“10H.  (1)  This section applies to applications for registration as a veterinary surgeon or specialist veterinary surgeon other than applications by persons who are entitled to registration pursuant to the Mutual Recognition Act and who lodge with the Board a notice under section 19 of that Act.
“(2)  An application for registration to which this section applies shall—
	(a)	be in a form approved by the Board; and 
	(b)	be accompanied by the determined fee.
Applications to be considered and determined
“10J.  The Board shall consider each application under section 10H and shall determine the application by—
	(a)	registering the applicant unconditionally or subject to conditions; or
	(b)	refusing the application.
Registration of applicants
“10K.  Where a person who is applying for registration as a veterinary surgeon or specialist veterinary surgeon otherwise than under the Mutual Recognition Act—
	(a)	complies with section 10H;
	(b)	appears personally before the Board or a nominee of the Board in support of his or her application if required by the Board to do so; and
	(c)	is entitled to registration in accordance with this Act;
the Board shall, subject to this Act, cause the applicant to be registered as a veterinary surgeon or specialist veterinary surgeon, as the case requires.
Fee for registration pursuant to Mutual Recognition Act
“10L.  A person who applies for registration as a veterinary surgeon or specialist veterinary surgeon under this Act pursuant to the Mutual Recognition Act shall pay the determined fee.
Conditions of registration
“10M.  The conditions that the Board may impose on registration as a veterinary surgeon or specialist veterinary surgeon at the time of registration include conditions relating to the duration of registration, the aspects of practice in which the person who is registered may be engaged and conditions relating to any other matters the Board considers appropriate.
“Division 3—Registers ”.
Register of Veterinary Surgeons
9.  Section 11 of the Principal Act is amended—
	(a)	by omitting “ ‘The Register” and substituting “the ‘Register”; and
	(b)	by adding at the end the following subsection:
“(2)  The Register may be maintained by electronic means.”.
Substitution
10.  Sections 12 to 17E (inclusive) of the Principal Act are repealed and the following sections substituted:
Register of Specialist Veterinary Surgeons
“12.  (1)  The Board shall keep a Register to be called the ‘Register of Specialist Veterinary Surgeons’.
“(2)  The Register may be maintained by electronic means.
Particulars to be entered in Register of Veterinary Surgeons
“13.  The registration of a person as a veterinary surgeon shall be effected by entering in the Register of Veterinary Surgeons—
	(a)	the name of the person;
	(b)	the person’s professional address or addresses in the Territory or, if he or she has no professional address in the Territory, his or her place of residence, whether within or outside the Territory;
	(c)	particulars of the qualifications of the person relevant to practise as a veterinary surgeon;
	(d)	the registration number allotted to the person;
	(e)	the date of registration;
	(f)	the provision by virtue of which the person is entitled to be registered;
	(g)	any condition to which the person’s registration is subject; and
	(h)	such other particulars, if any, as are prescribed.
Particulars to be entered in Register of Specialist Veterinary Surgeons
“14.  The registration of a person as a specialist veterinary surgeon shall be effected by entering in the Register of Specialist Veterinary Surgeons—
	(a)	the name of the person;
	(b)	the specialist branch of veterinary surgery in which the person is being registered;
	(c)	particulars of the qualifications of the person relevant to practising that specialist branch of veterinary surgery;
	(d)	the registration number allotted to the person;
	(e)	the date of registration;
	(f)	the provision by virtue of which the person is entitled to be registered;
	(g)	any condition to which the person’s registration is subject;
	(h)	the registration number allotted to the person in the Register of Veterinary Surgeons; and
	(j)	such other particulars, if any, as are prescribed.
Certificate of registration
“15.  (1)  Where a person is registered as a veterinary surgeon, the Board shall cause to be issued to the person a certificate of registration, signed by the Chairperson or Deputy Chairperson.
“(2)  A certificate of registration shall—
	(a)	state the provision by virtue of which the person specified in the certificate is entitled to be registered as a veterinary surgeon;
	(b)	where the person is registered as a specialist veterinary surgeon—state the specialist branch of veterinary surgery in which the person is registered and the provision by virtue of which the person is entitled to be registered as a specialist veterinary surgeon; and
	(c)	set out any conditions to which his or her registration as a veterinary surgeon or specialist veterinary surgeon is subject.
“(3)  The Chairperson may, by notice in writing, require a person registered as a specialist veterinary surgeon and to whom a certificate of registration as a veterinary surgeon has been issued, to deliver his or her certificate of registration to the Board within 14 days after the date of receipt of the notice for the purpose of enabling the Board to endorse on the certificate details of the person’s registration as a specialist veterinary surgeon.
“(4)  A certificate of registration is evidence that the person specified in the certificate was registered as a veterinary surgeon and, if applicable, as a specialist veterinary surgeon, on the date or dates specified in the certificate.
“(5)  Where a person’s certificate of registration has been lost or destroyed the Board shall, on payment of the determined fee, cause a duplicate certificate to be issued to the person.
“(6)  The Chairperson shall, by notice in writing, require a veterinary surgeon or specialist veterinary surgeon whose registration is cancelled or suspended to deliver his or her certificate of registration to the Board within 14 days after the date of receipt of the notice.
“(7)  If the registration of a person as a specialist veterinary surgeon is cancelled, the Board shall, on receipt of the certificate of registration in accordance with subsection (6), issue to the veterinary surgeon a certificate of registration as a veterinary surgeon.
“(8)  Where a person whose registration as a veterinary surgeon has been suspended delivers his or her certificate of registration to the Board, the Board shall retain the certificate during the period of the suspension and return it to the person at the expiration of that period unless the person’s registration as a veterinary surgeon has sooner been cancelled.
“(9)  Where the Board suspends the registration of a person as a specialist veterinary surgeon, the Board shall, on receipt of the certificate of registration in accordance with subsection (6)—
	(a)	retain the certificate during the period of the suspension;
	(b)	cause a temporary certificate of registration as a veterinary surgeon to be issued to the person for that period; and
	(c)	return the first-mentioned certificate to the person at the expiration of that period unless—
	(i)	the person’s registration as a veterinary surgeon has sooner been suspended or cancelled; or
	(ii)	the person’s registration as a specialist veterinary surgeon has sooner been cancelled.
“(10)  Where, after a certificate of registration has been issued to a person—
	(a)	conditions are imposed on the registration of the person as a veterinary surgeon or specialist veterinary surgeon; or
	(b)	conditions imposed on the registration of the person as a veterinary surgeon or specialist veterinary surgeon are varied;
the Chairperson may, by notice in writing given to the person, require the person to deliver his or her certificate of registration to the Board within 14 days after the date of receipt of the notice for the purpose of enabling a statement of the conditions imposed, or the conditions as varied, to be endorsed on the certificate.
“(11)  A person who, without reasonable excuse, contravenes a notice under subsection (3), (6) or (10) is guilty of an offence punishable, on conviction, by a fine not exceeding $500.
Change of address to be notified
“16.  Where—
	(a)	a change occurs in an address of a registered veterinary surgeon shown in the Register of Veterinary Surgeons; or
	(b)	a registered veterinary surgeon establishes, or ceases to have, a professional address in the Territory;
the registered veterinary surgeon shall, within 1 month of the change or establishment, as the case may be, notify the Chairperson in writing.
Penalty:  $500.”.
Alteration of Registers
11.  Section 19 of the Principal Act is amended—
	(a)	by omitting subsection (1) and substituting the following subsections:
“(1)  The Board shall cause to be removed from the Register of Veterinary Surgeons the name of—
	(a)	a registered veterinary surgeon who has died; or
	(b)	a registered veterinary surgeon whose registration has been cancelled.
“(1A)  The Board shall cause to be removed from the Register of Specialist Veterinary Surgeons the name of—
	(a)	a registered specialist veterinary surgeon whose name has been removed from the Register of Veterinary Surgeons; or
	(b)	a registered specialist veterinary surgeon whose registration as a specialist veterinary surgeon has been cancelled.”; 
	(b)	by inserting in subsections (2) and (3) “of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons” after “Register”;
	(c)	by omitting from subsection (3) “prescribed” and substituting “determined”.
Substitution
12.  Sections 21 to 25 (inclusive) of the Principal Act are repealed and the following sections, Division and Part heading substituted:
Deregistration as a specialist veterinary surgeon on basis of deregistration as a veterinary surgeon
“20.  (1)  Where the Board has removed from the Register of Veterinary Surgeons the name of a person who is registered as a specialist veterinary surgeon, the Board shall cancel the registration of the person as a specialist veterinary surgeon.
“(2)  Where—
	(a)	the name of a person whose registration as a specialist veterinary surgeon has been cancelled under subsection (1), is restored to the Register of Veterinary Surgeons; and
	(b)	the person applies to the Board to be re-registered as a specialist veterinary surgeon;
the Board shall re-register the person as a specialist veterinary surgeon.
Suspension as a specialist veterinary surgeon on basis of suspension as a veterinary surgeon
“21.  (1)  Where the Board has suspended the registration as a veterinary surgeon of a person who is registered as a specialist veterinary surgeon, the Board shall suspend the registration of the person as a specialist veterinary surgeon during the same period.
“(2)  Where the suspension of the registration as a veterinary surgeon of a person referred to in subsection (1) is terminated, the Board shall terminate the suspension of the registration of the person as a specialist veterinary surgeon.
Deregistration on basis of disciplinary action under foreign law
“22.  (1)  Where the Board is satisfied that the name of a person who is registered as a veterinary surgeon under this Act has been removed from any register or roll of veterinary surgeons kept under a law of a State or another Territory for any reason relating to—
	(a)	conduct of the person as a veterinary surgeon; or
	(b)	the physical or mental capacity of the person to practise veterinary surgery;
the Board shall cancel the registration of the person as a veterinary surgeon.
“(2)  Where the Board is satisfied that the name of a person who is registered as a specialist veterinary surgeon under this Act has been removed from a register or roll of specialist veterinary surgeons kept under a law of a State or another Territory for any reason relating to—
	(a)	conduct of the person as a specialist veterinary surgeon; or
	(b)	the physical or mental capacity of the person to practise the specialist branch of veterinary surgery in which he or she is registered;
the Board shall cancel the registration of the person as a specialist veterinary surgeon.
“(3)  Where—
	(a)	the name of a person whose registration has been cancelled under subsection (1) or (2) is restored to the register or roll referred to in that subsection; and
	(b)	the person applies to the Board to be re-registered under this Act;
the Board shall re-register the person as a veterinary surgeon or specialist veterinary surgeon, as the case requires.
“(4)  Where the Board is satisfied that the name of a person who is registered as a veterinary surgeon under this Act has been removed from any register or roll of veterinary surgeons kept under a law of a place outside Australia for any reason relating to—
	(a)	conduct of the person as a veterinary surgeon; or
	(b)	the physical or mental capacity of the person to practise veterinary surgery;
the Board may cancel the registration of the person as a veterinary surgeon.
“(5)  Where the Board is satisfied that the name of a person who is registered as a specialist veterinary surgeon under this Act has been removed from any register or roll of specialist veterinary surgeons kept under a law of a place outside Australia for any reason relating to—
	(a)	conduct of the person as a specialist veterinary surgeon; or
	(b)	the physical or mental capacity of the person to practise the specialist branch of veterinary surgery in which he or she is registered;
the Board may cancel the registration of the person as a specialist veterinary surgeon.
“(6)  The Board may re-register a person whose registration has been cancelled under subsection (4) or (5) if the Board is satisfied that it is appropriate in the circumstances to do so.
Imposition of conditions imposed under foreign law
“23.  (1)  Where the Board is satisfied that, after a person has been registered as a veterinary surgeon or specialist veterinary surgeon under this Act, a condition has been imposed on the registration of the person as a veterinary surgeon or specialist veterinary surgeon under a law of a State or another Territory, the Board shall impose a similar condition on the registration of the person as a veterinary surgeon or specialist veterinary surgeon, as the case requires, under this Act.
“(2)  Where the Board is satisfied that after a person has been registered as a veterinary surgeon or specialist veterinary surgeon under this Act a condition has been imposed on the registration of the person as a veterinary surgeon or specialist veterinary surgeon under a law of a place outside Australia, the Board may impose a similar condition on the registration of the person as a veterinary surgeon or specialist veterinary surgeon, as the case requires, under this Act.
Cessation of registration
“24.  A person who is registered as a veterinary surgeon or specialist veterinary surgeon ceases to be so registered—
	(a)	when the Board gives the person notice that his or her registration as a veterinary surgeon or specialist veterinary surgeon, as the case may be, has been cancelled in accordance with this Act; or
	(b)	if registration is conditional and the period of registration is specified in a condition—when that period expires.
“Division 4—Annual fees 
Annual fee payable by registered veterinary surgeon
“25.  (1)  A registered veterinary surgeon shall, on or before 1 July in each year, pay the Territory the determined fee.
“(2)  The Board shall cause to be sent to each registered veterinary surgeon, not less than 1 month before 1 July in each year, a notice requiring him or her to comply with subsection (1).
“(3)  The liability of a registered veterinary surgeon for a fee payable by him or her under subsection (1) is not affected by a failure of the Board to comply with subsection (2).
Annual fee payable by registered specialist veterinary surgeon
“25A.  (1)  A registered specialist veterinary surgeon shall, on or before 1 July in each year, pay the Territory the determined fee.
“(2)  The Board shall cause to be sent to each registered specialist veterinary surgeon, not less than 1 month before 1 July in each year, a notice requiring him or her to comply with subsection (1).
“(3)  The liability of a registered specialist veterinary surgeon for a fee payable by him or her under subsection (1) is not affected by a failure of the Board to comply with subsection (2).
Registration to be cancelled for non-payment
“25B.  (1)  Where a person who is a registered veterinary surgeon or registered specialist veterinary surgeon does not comply with subsection 25 (1) or 25A (1), as the case requires, the Board shall cause to be sent to the person a notice requiring him or her to pay the fee due under that subsection by a day specified in the notice and advising him or her that if the fee is not paid on or before that day his or her registration as a veterinary surgeon or specialist veterinary surgeon, as the case requires, will be cancelled.
“(2)  The Board shall cancel the registration as a veterinary surgeon or specialist veterinary surgeon, as the case requires, of a person to whom a notice has been sent under subsection (1) and who has not paid the fee due by the day specified in the notice.
Entitlement to re-registration on payment of fees
“25C.  (1)  A person whose name has been removed from the Register of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons for failure to pay an annual fee is entitled to be re-registered if he or she—
	(a)	makes application in a form approved by the Board; and 
	(b)	pays the determined fee.
“(2)  The entitlement of a person to re-registration under this section is an entitlement to registration on the same terms and subject to the same conditions, if any, as applied to the person’s registration immediately before the removal of his or her name from the Register of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons, as the case may be.
“(3)  The Board may refuse to re-register a person under this section if satisfied that the person is not competent to practise veterinary surgery or is not of good character.
“(4)  An entitlement to re-registration under this section is subject to the provisions of this Act pursuant to which a person’s name is authorised or required to be removed from the Register of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons.
“part iv—disciplinary procedures
Cancellation or suspension of registration
“25D.  (1)  The Board may—
	(a)	cancel the registration of a person; or
	(b)	by order served on the person, suspend the registration of the person for such period as the Board thinks fit;
if satisfied—
	(c)	that the registration of the person was obtained by fraud or misrepresentation;
	(d)	that the qualification of the person which entitled him or her to registration has been withdrawn or cancelled by the body which granted it;
	(e)	that the person has contravened this Act or the regulations;
	(f)	that the person has contravened a condition to which his or her registration under this Act is subject;
	(g)	that the person has been convicted in the Territory or elsewhere of an offence punishable by imprisonment for more than 1 year or any offence that, in the opinion of the Board, renders him or her unfit to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires;
	(h)	that the person has advertised for the purpose of procuring practice as a veterinary surgeon or specialist veterinary surgeon, as the case may be, or has sanctioned, or been associated with or employed by a person who sanctions, such an advertisement;
	(j)	that the person has canvassed or employed an agent or canvasser for the purpose of procuring practice as a veterinary surgeon or specialist veterinary surgeon, as the case may be, or has sanctioned, or been associated with or employed by a person who sanctions, the employment of an agent or canvasser for that purpose;
	(k)	that the person is guilty of habitual drunkenness, or addiction to a deleterious drug, that renders him or her unfit to practise as a veterinary surgeon or a specialist veterinary surgeon, as the case requires;
	(m)	that the person has engaged in conduct, whether in practising as a veterinary surgeon, or specialist veterinary surgeon, or not, that adversely affects the way the person practises as a veterinary surgeon or specialist veterinary surgeon, as the case requires; 
	(n)	that the person has engaged in any improper or unethical conduct relating to practising as a veterinary surgeon or specialist veterinary surgeon, as the case requires;
	(o)	that the person has failed to exercise adequate judgment or care in practising as a veterinary surgeon or specialist veterinary surgeon, as the case requires; or
	(p)	that the person is not competent to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires.
“(2)  A reference to advertising in paragraph (1) (h) shall not be read as including a reference to—
	(a)	the publication by a registered veterinary surgeon or specialist veterinary surgeon, from time to time, of a notice of the fact that he or she practises as a veterinary surgeon or specialist veterinary surgeon, as the case may be, and of each place at which he or she practises;
	(b)	the publication by a registered veterinary surgeon or specialist veterinary surgeon of a notice of the fact that he or she has commenced or resumed practice as a veterinary surgeon or specialist veterinary surgeon, as the case may be, or a notice of a change of an address at which he or she practises; or
	(c)	the exhibition by a registered veterinary surgeon or specialist veterinary surgeon at each place at which he or she practises of a notice containing his or her name and qualifications;
being a notice of a kind which conforms to the accepted customs and usages of the veterinary profession.
Cancellation, suspension or restriction of right of practise on health grounds
“25E.  (1)  Subject to subsection (2), the Board shall, when it is satisfied that the mental or physical condition of a person who is registered as a veterinary surgeon or specialist veterinary surgeon renders him or her unfit to practise as a veterinary surgeon or specialist veterinary surgeon, as the case requires—
	(a)	cancel the registration of the person as a veterinary surgeon or specialist veterinary surgeon, as the case requires; or
	(b)	by order served on the person, suspend the registration of the person as a veterinary surgeon or specialist veterinary surgeon, as the case requires, for such period as the Board thinks fit.
“(2)  The Board may, instead of cancelling or suspending the registration of a person, if satisfied that the person is fit to give or perform some veterinary services and that it would not be contrary to the public interest to make an order under this subsection, by order served on the person, direct the person not to give or perform the veterinary services specified, whether individually or otherwise, in the order.
“(3)  Where the Board has made an order under subsection (2) in relation to a person, it may, if so requested by the person, review the order and, if satisfied that the mental or physical condition of the person has changed since the order was made, amend or revoke the order.
“(4)  A person on whom an order under paragraph (1) (b) or subsection (2) has been served who gives or performs a veterinary service in contravention of that order shall, in giving or performing the service, be deemed to be a person other than a registered veterinary surgeon or a specialist veterinary surgeon, as the case requires.
Practising when registration suspended
“25F.  Where a person whose registration as a veterinary surgeon or specialist veterinary surgeon has been suspended is convicted of an offence against section 29, the Board may—
	(a)	cancel the registration of the person; or
	(b)	by order served on the person, suspend the registration of the person for such further period as the Board thinks fit.
Power of Board to caution, reprimand etc.
“25G.  (1)  Subject to subsection (2), the Board may do any 1 or more of the following in relation to the conduct of a person who is a registered veterinary surgeon or specialist veterinary surgeon:
	(a)	caution or reprimand the person;
	(b)	order that the person seek and undergo medical or psychiatric treatment or counselling;
	(c)	impose on the person’s registration such conditions as the Board considers appropriate relating to the person practising as a veterinary surgeon or specialist veterinary surgeon, as the case requires;
	(d)	order that the person complete specified educational courses;
	(e)	order that the person seek and follow advice, in relation to his or her practice as a veterinary surgeon or specialist veterinary surgeon, as the case requires, from persons specified by the Board.
“(2)  Paragraph (1) (d) does not apply in relation to a person who obtained registration under this Act pursuant to the Mutual Recognition Act.
Power of Board to impose fines
“25H.  (1)  Subject to subsection (2), where the Board finds that a person who is a registered veterinary surgeon or specialist veterinary surgeon has failed to comply with an order of the Board under section 25G it may, by order served on the person, impose on him or her a fine not exceeding $1,000.
“(2)  The Board shall not impose a fine under subsection (1) in respect of conduct for which a court has already imposed a fine or other penalty.
“(3)  A fine imposed under this section shall be paid to the Territory within the time specified in the order imposing the fine.
“(4)  Where a person on whom the Board has imposed a fine under subsection (1) fails to pay the fine by the time specified in the order, the Board may—
	(a)	cancel the registration of the person; or
	(b)	by order served on the person, suspend the registration of the person for such period as the Board thinks fit.
Inquiry by Board
“25J.  (1)  The Board shall hold an inquiry before—
	(a)	cancelling the registration of a person, other than under subsection 20 (1), 22 (1) or (2) or 25B (2) ;
	(b)	suspending the registration of a person, other than under subsection 21 (1);
	(c)	making an order under subsection 25E (2); or
	(d)	taking any action under subsection 25G (1).
“(2)  Pending the holding of an inquiry under subsection (1), the Board may, by order served on the person to whom the inquiry relates, suspend temporarily the registration of the person.
Effect of suspension and conditions
“25K.  (1)  For the purposes of this Act, a registered veterinary surgeon or specialist veterinary surgeon whose registration is suspended shall be deemed, during the period of the suspension, not to be a registered veterinary surgeon or specialist veterinary surgeon, as the case requires.
“(2)  For the purposes of this Act, a registered veterinary surgeon or specialist veterinary surgeon who provides a veterinary service in contravention of a condition imposed on his or her registration shall, in providing that service, be deemed not to be a registered veterinary surgeon or specialist veterinary surgeon, as the case requires.”.
Publication of decision
13.  Section 26 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “Chairman” and substituting “Chairperson”;
	(b)	by inserting in subsection (1) “or she” after “he”; and
	(c)	by omitting paragraphs (1) (a), (b) and (c) and substituting the following paragraphs:
	“(a)	cancelling the registration of a person;
	(b)	suspending, otherwise than under subsection 25J (2), the registration of a person;
	(c)	imposing conditions on the registration of a person;
	(d)	making or amending an order under subsection 25E (2);
	(e)	taking any action under subsection 25G (1); or
	(f)	imposing a fine on a person under subsection 25H (1);”.
Application for re-registration
14.  Section 27 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “subsection 17 (4)” and substituting “subsection 20 (1), section 22 or subsection 25B (2)”;
	(b)	by omitting from subsection (1) “22 (2) or 23 (1)” and substituting “21 (1) or 25J (2)”;
	(c)	by inserting in subsection (1) “or she” after “he”;
	(d)	by inserting in subsection (1) “or her” after “his”; and
	(e)	by inserting in subsection (2) “or her” after “his” (wherever occurring).
Repeal
15.  Sections 27A and 27B and Part IV of the Principal Act are repealed.
Only registered veterinary surgeons to practise veterinary surgery
16.  Section 29 of the Principal Act is amended—
	(a)	by inserting in paragraph (1) (b) “or herself” after “himself”; and
	(b)	by adding at the end the following subsection:
“(2)  A registered veterinary surgeon shall not—
	(a)	hold himself or herself out to be a specialist veterinary surgeon in a specialist branch of veterinary surgery in relation to which he or she is not registered; or
	(b)	take or use the title of a specialist veterinary surgeon, registered specialist veterinary surgeon or any other title of similar meaning if he or she is not registered as a specialist veterinary surgeon.
Penalty:  $3,000.”.
Publishing advertisements
17.  Section 31 of the Principal Act is amended—
	(a)	by inserting “as a veterinary surgeon or specialist veterinary surgeon” after “registered”; and
	(b)	by adding at the end “or specialist veterinary surgeon, as the case may be”.
Insertion
18.  After Part V of the Principal Act the following Part is inserted:
“part vA—appeals
Review of decisions
“35.  Application may be made to the Tribunal for review of a decision of the Board—
	(a)	under subsection 10A (5), 10C (1) or 23 (2) to impose conditions on the registration of a person;
	(b)	under subsection 10B (4) to cancel the interim registration of a person;
	(c)	under subsection 10C (2) to refuse to review conditions imposed on the registration of a person;
	(d)	under subsection 10C (2) to refuse to alter or remove conditions imposed on the registration of a person;
	(e)	under subsection 10C (2) to alter conditions imposed on the registration of a person;
	(f)	under subsection 10C (2) to impose new conditions on the registration of a person;
	(g)	under paragraph 10J (b) to refuse to register a person;
	(h)	under subsection 22 (4) or (5) or paragraph 25D (1) (a), 25E (1) (a), 25F (a) or 25H (4) (a) to cancel the registration of a person;
	(j)	under subsection 22 (6), 25C (3) or 27 (2) to refuse to re-register a person;
	(k)	under paragraph 25D (1) (b), 25E (1) (b), 25F (b) or 25H (4) (b) or subsection 25J (2) to suspend the registration of a person;
	(m)	under subsection 25E (2) to make an order directing a person not to give or perform a veterinary service;
	(n)	under subsection 25E (3) to refuse to review an order directing a person not to give or perform a veterinary service;
	(o)	under subsection 25E (3) to refuse to amend or revoke an order directing a person not to give or perform a veterinary service;
	(p)	under subsection 25E (3) to amend an order directing a person not to give or perform a veterinary service;
	(q)	under subsection 25G (1) to take any action of the kind referred to in that subsection in relation to a registered veterinary surgeon or specialist veterinary surgeon;
	(r)	under subsection 25H (1) to impose a fine on a registered veterinary surgeon or specialist veterinary surgeon;
	(s)	under subsection 27 (2) to refuse to terminate the suspension of registration of a person;
	(t)	under section 34 to refuse to extend beyond 6 months the period during which the executor or executrix of the will of a deceased veterinary surgeon, or the administrator, administratrix or trustee of the estate of a deceased veterinary surgeon, may continue the business of the veterinary surgeon; or
	(u)	under section 34 to fix a period longer than 6 months during which the executor or executrix of the will of a deceased veterinary surgeon, or the administrator, administratrix or trustee of the estate of a deceased veterinary surgeon may continue the business of the veterinary surgeon.
Notification of decisions
“36.  (1)  Where a decision of the kind referred to in section 35 (other than paragraph (b), (k), (m) or (r)) is made, the Board shall, within 28 days after the date of the decision, give notice in writing of the decision—
	(a)	in the case of a decision referred to in paragraph 35 (a)—to the person on whose registration conditions have been imposed;
	(b)	in the case of a decision referred to in paragraph 35 (c), (d) or (e)—to the person whose registration is subject to the conditions;
	(c)	in the case of a decision referred to in paragraph 35 (f)—to the person on whose registration new conditions have been imposed;
	(d)	in the case of a decision referred to in paragraph 35 (g)—to the person whose application for registration has been refused;
	(e)	in the case of a decision referred to in paragraph 35 (h)—to the person whose registration has been cancelled;
	(f)	in the case of a decision referred to in paragraph 35 (j)—to the person whose application for re-registration has been refused;
	(g)	in the case of a decision referred to in paragraph 35 (n), (o) or (p)—to the person in relation to whom the order was made;
	(h)	in the case of a decision referred to in paragraph 35 (q)—to the registered veterinary surgeon in relation to whom the action has been taken;
	(j)	in the case of a decision referred to in paragraph 35 (s)—to the person whose registration has been suspended; or
	(k)	in the case of a decision referred to in paragraph 35 (t) or (u)—to the executor or executrix of the will of the deceased veterinary surgeon or the administrator, administratrix or trustee of the estate of the deceased veterinary surgeon.
“(2)  A notice under subsection 10B (4) or subsection (1) of this section, or under section 31 of the Health Professions Boards (Procedures) Act 1981, shall—
	(a)	include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989, an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and
	(b)	except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.
“(3)  An order under paragraph 25D (1) (b) or 25E (1) (b), subsection 25E (2), paragraph 25F (b), subsection 25H (1), paragraph 25H (4) (b) or subsection 25J (2) shall—
	(a)	have endorsed on it or attached to it a statement to the effect that,  subject to the Administrative Appeals Tribunal Act 1989, an application may be made to the Administrative Appeals Tribunal for a review of the decision to make the order; and
	(b)	except where subsection 26 (11) of the Administrative Appeals Tribunal Act 1989 applies—have endorsed on it or attached to it a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.
“(4)  The validity of a decision referred to in subsection (2) or (3) is not to be taken to be affected by a failure to comply with that subsection.”.
Inspection of Registers
19.  Section 42 of the Principal Act is amended—
	(a)	by omitting from subsection (1) “prescribed” and substituting “determined”;
	(b)	by adding at the end of subsection (1) “of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons”;
	(c)	by omitting from subsection (2) “prescribed” and substituting “determined”;
	(d)	by adding at the end of subsection (2) “of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons”;
	(e)	by omitting from subsection (3) “the registration authority of a State, Territory or place outside Australia” and substituting “a registration authority”;
	(f)	by inserting in subsection (3) “of Veterinary Surgeons or the Register of Specialist Veterinary Surgeons” after “Register”; and
	(g)	by omitting subsection (4).
Further amendments
20.  The Principal Act is amended as set out in the Schedule.
part iii—transitional provisions
Division 1—Savings
Continuation of registration
21.  A person who, immediately before the commencement of this Act, was registered as a veterinary surgeon under the Principal Act continues to be registered under the Principal Act as amended by this Act on the same terms and subject to the same conditions as applied to his or her registration immediately before the commencement of this Act.
Persons granted provisional registration
22.  A person who, immediately before the repeal of section 17B of the Principal Act by this Act, held provisional registration under that section shall, on the commencement of this Act, be taken to be a person who has been granted interim registration in accordance with section 10B of the Principal Act as amended by this Act.
Persons granted temporary registration
23.  A person who, immediately before the repeal of section 17C of the Principal Act by this Act, held temporary registration under that section shall, on the commencement of this Act, be taken to be a person who has been granted temporary registration in accordance with subsection 10A (4) of the Principal Act as amended by this Act.
Failure to pay annual fee under repealed provisions 
24.  (1)  A failure by a registered veterinary surgeon to pay a fee that became payable by him or her under section 17 of the Principal Act as in force immediately before the commencement of this Act shall be taken to be a failure to pay a fee that became payable under section 25 of the Principal Act as amended by this Act.
(2)  A veterinary surgeon who was not registered under the Principal Act immediately before the commencement of this Act because his or her registration was cancelled for a failure by the veterinary surgeon to pay a fee that had become payable by him or her under section 17 of the Principal Act as in force immediately before the commencement of this Act shall be taken to have had his or her registration cancelled for a failure to pay a fee which had become payable by him or her under section 25 of the Principal Act as amended by this Act.
Applications for registration
25.  An application for registration under the Principal Act as in force immediately before the commencement of this Act that had not been determined before the commencement of this Act shall be taken to be an application for registration under the Principal Act as amended by this Act and any inquiry for the purposes of the application may be continued or completed.
Continuation of inquiries and reviews
26.  (1)  The provisions of the Principal Act as in force immediately before the commencement of this Act continue to apply in relation to an inquiry or review commenced under the Principal Act and pending immediately before the commencement of this Act.
(2)  Any order, decision or determination resulting from an inquiry or review to which this section applies shall be taken to have been made under the Principal Act as amended by this Act and to have effect accordingly.
Complaints relating to previous conduct
27.  (1)  Subject to subsection (2), an inquiry may be held under the Principal Act as amended by this Act with respect to conduct or any other matter or thing that occurred before, or partly before and partly after, the commencement of this Act.
(2)  An inquiry referred to in subsection (1) may only be held if it is an inquiry that could have been held under the Principal Act as in force immediately before the commencement of this Act.
Existing orders
28.  An order having effect under a provision of the Principal Act repealed by this Act is, by this section, converted to an equivalent order under the Principal Act as amended by this Act.
Division 2—Miscellaneous
Interim entitlement to be registered as specialist veterinary surgeon
29.  (1)  Notwithstanding the amendments effected by section 8, a veterinary surgeon is entitled to be registered as a specialist veterinary surgeon if application is made to the Board within 12 months after the date of commencement of this section and the applicant—
	(a)	has been registered and practising as a veterinary surgeon for a period of 6 years immediately preceding the date of application during which period he or she has practised veterinary surgery in the Territory, for not less than, or for periods which in the aggregate are not less than, 4 years and 6 months; and
	(b)	has practised in the specialist branch of veterinary surgery to which the application relates for not less than, or for periods which in the aggregate are not less than, 5 years.
(2)  Where the Board is satisfied that a registered veterinary surgeon—
	(a)	is entitled under subsection (1) to be registered; and
	(b)	is competent to practise veterinary surgery in the branch to which the application relates;
the Board shall register the applicant as a specialist veterinary surgeon.
(3)  The Board may impose such conditions on the registration of a person under this section as it considers appropriate.
Review of decisions
30.  (1)  Application may be made to the Australian Capital Territory Administrative Appeals Tribunal for review of a decision of the Board—
	(a)	under subsection 29 (2) to refuse to register a person; and
	(b)	under subsection 29 (3) to impose conditions on the registration of a person.
(2)  Where a decision of a kind referred to in subsection (1) is made, the Board shall, within 28 days after the date of the decision, give notice in writing of the decision to the veterinary surgeon.
(3)  A notice under subsection (2) shall—
	(a)	include a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1989, an application may be made to the Administrative Appeals Tribunal for a review of the decision to which the notice relates; and
	(b)	except where subsection 26 (11) of that Act applies—include a statement to the effect that a person whose interests are affected by the decision may request a statement under section 26 of that Act.
(4)  The validity of a decision referred to in subsection (1) is not to be taken to be affected by a failure to comply with subsection (3).
part iv—miscellaneous
Renumbering of provisions
31.  (1)  The amended Act is further amended as provided by this section.
(2)  The Parts of the amended Act are renumbered in a single series so that they bear consecutive Roman numerals.
(3)  The sections of the amended Act are renumbered in a single series so that they bear consecutive Arabic numerals.
(4)  Any provision of the amended Act that refers to a Part or section of that Act that has been renumbered by subsection (2) or (3) is amended by omitting that reference and substituting a reference to the Part or section as so renumbered.
(5)  A reference in a provision of a law of the Territory made before the commencement of this section (whether or not that provision has commenced), or in any instrument or document, to a Part or section of the amended Act that has been renumbered by subsection (2) or (3) shall (except as regards the operation of the Part or section before it was so renumbered) be construed as a reference to that Part or section as so renumbered.
(6)  In this section, “amended Act” means the Principal Act as amended by sections 4 to 20 (inclusive).

	SCHEDULE	Section  20

Further amendments
Paragraph 4 (3) (a)—
	(a)	Omit “he”, substitute “the person”.
	(b)	Insert “or her” after “his”.
Paragraph 4 (3) (b)—
Insert “or her” after “him” (wherever occurring).
Paragraph 4 (3) (c)—
Omit “he”, substitute “the person”.
Subsection 6 (2)—
Omit “Chairman”, substitute “Chairperson”.
Subsection 6 (3)—
Omit “he”, substitute “the person”.
Paragraph 6 (4) (a)—
Omit “he”, substitute “the person”.
Paragraph 6 (4) (b)—
	(a)	Omit “he”, substitute “the person”.
	(b)	Omit “his”, substitute “the”.
Subsection 6 (7)—
Omit “Chairman”, substitute “Chairperson”.
Section 30—
Insert “or she” after “he”.
Section 34—
	(a)	Omit “, administrator or trustee of the estate”, substitute “or executrix of the will of a deceased veterinary surgeon, or an administrator, administratrix or trustee of the estate of a deceased veterinary surgeon,”.
	(b)	Insert “or her” after “his”.
	(c)	Omit “administrator” (second occurring), substitute “executrix, administrator, administratrix”.
	
NOTE
1.	Reprinted as at 30 June 1991.  See also Act No. 14, 1993.
NOTE ABOUT SECTION HEADING
On the day on which the Veterinary Surgeons Registration Act 1965 is amended by this Act, the heading to section 30 of that Act is altered by omitting “in his own name” and substituting “under registered name”.
[Presentation speech made in Assembly on  16 June 1994]

©  Australian Capital Territory 1994