QueenslandVeterinary Act
1936VETERINARYSURGEONSREGULATION1991Reprinted as in force on 7 January
2001(includes amendments up to SL No. 289 of
2001)Reprint No. 3This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
regulation is reprinted as at 7 January 2001. The reprint shows the
law as amended byall amendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes.Minor editorial changes allowed under the
provisions of the Reprints Act 1992 have beenmade to use
aspects of format and printing style consistent with current
drafting practice(s 35).This page is
specific to this reprint. See previous reprints for information
about earlierchanges made under the Reprints Act 1992. A
table of earlier reprints is included in theendnotes.Also
see endnotes for information about—•when
provisions commenced•editorialchangesmadeinthereprint,includingatableofrenumberedprovisions•editorial changes made in earlier
reprints.
s13s2Veterinary Surgeons Regulation 1991VETERINARY SURGEONS REGULATION 1991[as
amended by all amendments that commenced on or before 7 January
2001]PART 1—PRELIMINARY1Short
titleThisregulationmaybecitedastheVeterinarySurgeonsRegulation 1991.PART
2—ACTS FOR ANIMAL HUSBANDRY ORDENTISTRY THAT
ARE NOT VETERINARY SCIENCE2Prescribed
acts—Act, s 2AThe following acts done for animal husbandry
or animal dentistry areprescribed for section 2A(3)1of the Act—(a)castrating—(i)cattle or sheep of less than 6 months;
or(ii)goats of less
than 2 months; or(iii)pigs of less
than 6 weeks;(b)dehorning—(i)cattle of less than 6 months; or(ii)goats or sheep
of less than 3 months;(c)spaying
cattle;(d)tailing sheep of less than 6
months;1Section 2A (Meaning of “veterinary
science”) of the Act
s34s4Veterinary Surgeons Regulation 1991(e)mulesing sheep of less than 1
year;(f)filing or rasping a horse’s
teeth;(g)artificial insemination of cattle,
deer, goats, pigs or sheep;(h)teachingtechniquesaboutpregnancytestingofcattlebyaveterinary surgeon to an owner of
cattle.PART 3—ELECTION PROCEDURES3Elections(1)Theregistrarmustgiveeachveterinarysurgeonatleast3monthsnoticeofthedayappointedbytheboardfortheholdingoftriennialelections of the
elected members of the board.(2)The
registrar must—(a)fixadatebywhichnominationsfortheelectionofveterinarysurgeons to the
board must be received; and(b)cause notice to be given—(i)invitingveterinarysurgeonstonominatecandidatesforelection to the board; and(ii)of the time and
date by which nominations must be receivedby the returning
officer.(3)Anoticeundersubsection(2)(b)mustbepublishednotlessthan28
daysbeforethedatebywhichnominationsmustbereceivedin2
newspapers circulating generally throughout the State.4Nominations(1)A
nomination must—(a)nominate 1 person only; and(b)state the nominee’s full name;
and(c)be signed by—(i)the
nominee; and
s55s5Veterinary Surgeons Regulation 1991(ii)at least 3 other
veterinary surgeons; and(d)be received by
the returning officer by noon on the day on whichnominations close.(2)A
nomination may be accompanied by a candidate’s statement of
upto 200 words.5Conduct of elections(1)Thereturningofficermust,assoonasispracticableafternominations close, conduct a ballot of
veterinary surgeons by sending toeach veterinary
surgeon a ballot paper, an envelope for the ballot paper andan
envelope addressed to the returning officer.(2)
However, if no more than 2 candidates nominate for the election,
thereturning officer—(a)must
not conduct a ballot for the election; and(b)must
declare the candidates to have been elected unopposed.(3)A ballot paper must—(a)contain the full names of all
candidates, arranged in alphabeticalorder;
and(b)specify the time and date by which
completed ballot papers mustbe received by
the returning officer; and(c)be initialled by
the returning officer; and(d)beaccompaniedbystatements(ifany)furnishedbythecandidates.(4)A
veterinary surgeon may vote on a ballot by—(a)marking the ballot paper with a cross
opposite the names of notmore than 2 candidates; and(b)placingthemarkedballotpaperintheenvelopefortheballotpaper and
sealing that envelope; and(c)placingthesealedenvelopeintheenvelopeaddressedtothereturning officer, signing that
envelope and forwarding it to thereturning officer
so as to be received by the time specified on theballot paper.
s66s8Veterinary Surgeons Regulation 19916Count(1)At
the close of the ballot, the returning officer must—(a)open each envelope received by the
returning officer; and(b)accept as formal
ballot papers which are marked as required bysection 5(4)(a);
and(c)reject as informal ballot papers which
are not marked as requiredby section 5(4)(a); and(d)count and record the number of formal
votes for each candidate.(2)A ballot paper
is not informal merely because of an informality in theway
it has been dealt with if, in the opinion of the returning officer,
theintention of the voter is clear.7ScrutinyEachcandidatemayappoint1scrutineertobepresentwhenthereturning officer conducts the count and
must notify the returning officer ofthat appointment,
in writing, not less than 5 days before the close of theballot.8Declaration(1)If
there are more than 2 candidates, the returning officer must
declareelectedfromthosecandidatesthe2candidateswhoreceivethehighestnumber of
votes.(2)If 2 candidates can not be declared
elected because 2 or more of themhavereceivedanequalnumberofvotesandthenumberofthosecandidates,
together with the number of candidates entitled to be
declaredelected exceeds 2, the returning officer must
draw lots to determine whichof those
candidates whose votes are equal is to be declared elected.(3)Adrawconductedundersubsection(2)mustbeconductedinthepresence of an officer of the board and
the scrutineers (if any).(4)All ballot
papers used in an election must be retained by the returningofficer for 3 months, and after that time
must be destroyed, at a convenienttime, in the
presence of a member or officer of the board.
s
97s 12Veterinary
Surgeons Regulation 1991PART 4—MATTERS ABOUT VETERINARY
SURGEONS9Primary and secondary
registration(1)Apersonentitledtoberegisteredasaveterinarysurgeonundersection 18 of the
Act may apply for—(a)primary registration as a veterinary
surgeon—if the majority ofthe person’s practice is carried on in
Queensland; or(b)secondary registration as a veterinary
surgeon—if the majority ofthe person’s practice is carried on in
another State or a Territory.(2)Aveterinarysurgeonentitledtoberegisteredasaveterinaryspecialist under
section 19C of the Act may apply for—(a)primary registration as a veterinary
specialist—if the majority ofthe veterinary
surgeon’s practice is carried on in Queensland; or(b)secondary registration as a veterinary
specialist—if the majorityof the veterinary surgeon’s practice
is carried on in another Stateor a
Territory.10Veterinary qualifications—Act, s
18(1)The qualifications recognised under
section 18(1)(a)(i) of the Act arein schedule 1,
part 1.(2)Thequalificationsrecognisedundersection18(1)(a)(ii)oftheActare in schedule
1, part 2.(3)The qualifications recognised under
section 18(1)(b) of the Act are inschedule 1, part
3.11Specialist veterinary
qualifications—Act, s 19CThequalificationsrecognisedundertheAct,section19Careinschedule 2.12Examinations(1)For
section 18(2)(a) of the Act, the prescribed period is 3
months.(2)For section 18(2)(b) of the Act, the
prescribed examinations are—
s
138s 14Veterinary
Surgeons Regulation 1991(a)anoccupationalEnglishtestwithparticularreferencetoveterinary science; and(b)an examination in veterinary science
in relation to—(i)companion animals; and(ii)agricultural
animals; and(iii)public health
and pathology; and(c)a clinical examination;conducted by the Australasian Veterinary
Boards Council Incorporated.13Veterinary specialties—Act, s 19DThe
following branches of veterinary science are veterinary
specialtiesunder the Act, section 19D—(a)anaesthesiology;(b)medicine;(c)ophthalmology;(d)pathobiology;(e)radiology;(f)reproduction;(g)surgery.PART
5—MISCELLANEOUS14Signs(1)Aveterinarysurgeonmustdisplayateachplaceatwhichtheveterinary surgeon practises veterinary
science a sign bearing—(a)the veterinary
surgeon’s name; and(b)the veterinary surgeon’s qualifications
as recorded in—(i)the Register of Veterinary Surgeons;
or(ii)the Register of
Veterinary Specialists;
s
159s 16Veterinary
Surgeons Regulation 1991as the case may be;and
stating that the person is a veterinary surgeon or, as the case may
be, aveterinary specialist.Maximum
penalty—10 penalty units.(2)A veterinary
surgeon who—(a)is employed in a temporary capacity;
or(b)is engaged to act in locum
tenens;foraperiodofnotmorethan30daysisnotrequiredtocomplywithsubsection (1).15Records(1)A
veterinary surgeon must keep a record of veterinary
examinationsand procedures performed by the veterinary
surgeon.Maximum penalty—10 penalty units.(2)The record must include—(a)identification of each animal treated;
and(b)a clinical assessment of each animal’s
condition; and(c)details of tests performed; and(d)a provisional or definitive diagnosis;
and(e)details of treatment administered;
and(f)a chronological account of the
management of each case.Maximum penalty—10 penalty
units.(3)Therecordmustbekeptforatleast3yearsfromthedateoflastexamination or
procedure.Maximum penalty—10 penalty units.16Seal(1)The
seal of the board must bear the words “The Veterinary
SurgeonsBoard of Queensland” and the coat of arms of
the State.(2)The seal must be affixed by the
registrar only to such documents asmay be
authorised—
s
1710s 18Veterinary
Surgeons Regulation 1991(a)by the
chairperson, in writing; or(b)by
resolution of the board.17Prescribed drugs
and poisons—Act, s 25Forsection252oftheAct,definition“disqualifyingoffence”,paragraph (e),eachcontrolledorrestricteddrug,orpoison,undertheHealth (Drugs and Poisons) Regulation
1996is prescribed.18Fees(1)The fees payable
under the Act are stated in schedule 3.(2)A
veterinary surgeon who is a public service officer is exempt
frompayment of registration fees and the annual
roll fee.2Section 25 (Definitions for pt 4A) of
the Act
11Veterinary Surgeons Regulation
1991SCHEDULE 1VETERINARY
QUALIFICATIONSsection 10PART
1—QUALIFICATIONS RECOGNISED UNDERTHE ACT, SECTION
18(1)(a)(i)1.A degree or diploma in veterinary
science accredited by—(a)the Australasian
Veterinary Boards Council Incorporated; or(b)the
Royal College of Veterinary Surgeons, United Kingdom.2.A degree or diploma in veterinary
science accredited by the AmericanVeterinaryMedicalAssociationandapassintheNorthAmericanVeterinary Licensing Examination conducted
by the National BoardExamination Committee.PART
2—QUALIFICATIONS RECOGNISED UNDERTHE ACT, SECTION
18(1)(a)(ii)MembershipoftheRoyalCollegeofVeterinarySurgeons,UnitedKingdomgainedthroughsuccessfulcompletionofmembershipexaminations
conducted by the College.PART 3—QUALIFICATIONS RECOGNISED
UNDERTHE ACT, SECTION 18(1)(b)A
degree or diploma awarded after at least 4 years study at a
veterinaryschoollistedineitherthe WorldDirectoryof
VeterinarySchoolsorthe
12Veterinary Surgeons Regulation
1991SCHEDULE 1 (continued)World List of
Universities,3other than a degree or diploma
mentioned inpart 1.3TheWorldDirectoryofVeterinarySchoolsispublishedbytheWorldHealthOrganisation and the World List of
Universities is published by the InternationalUniversities
Bureau.
13Veterinary Surgeons Regulation
1991SCHEDULE 2SPECIALIST
VETERINARY QUALIFICATIONSsection 111.Fellowshipbyexaminationofthe
AustralianCollegeof
VeterinaryScientists.2.Diploma, American College of Veterinary
Internal Medicine.3.Diploma, American College of
Veterinary Surgeons.4.Diploma, American College of
Veterinary Theriogenology.5.Diploma,
American College of Veterinary Radiologists.6.Diploma, American College of Veterinary
Anaesthesiologists.7.Diploma, American College of
Veterinary Ophthalmology.8.Diploma,
American College of Veterinary Pathology.9.Diploma, Royal College of Veterinary
Surgeons.10.Apostgraduatedegreeordiplomafromatertiaryinstitutionthatincludes as a part of the curriculum an
equivalent of 2 years full timesupervised
training across the discipline followed by written,
clinical,practical and oral
examinations.
17Veterinary Surgeons Regulation
19914Table of earlier reprintsTABLE
OF EARLIER REPRINTS[If a reprint number includes a roman
letter, the reprint was released in unauthorised,electronic form only.]Reprint
No.11A1B1C2Amendments
includedto SL No. 371 of 1998to SL No. 83 of
2000to SL No. 169 of 2000to SL No. 324 of
2000to SL No. 177 of 2001Reprint
date31 March 199914 June
200011 July 200014 December
20002 November 20015List
of legislationVeterinary Surgeons Regulation 1991made
by the Governor in Council on 21 March 1991pubd gaz 23 March
1991 pp 1637–54commenced on date of notificationexp
31 August 2002 (see SIA s 56A(1)(b) and SIR s 15 sch 15)[prev
exp 1 September 2001 (see SIA s 54)]as amended
by—Veterinary Surgeons Amendment Regulation 1991
SL No. 145pubd gaz 30 November 1991 pp 1659–62commenced 1 January 1992 (see s 2)Veterinary Surgeons Amendment Regulation (No.
1) 1994 SL No. 413notfd gaz 2 December 1994 pp 1435–7ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 1995 (see s 2)Veterinary
Surgeons Amendment Regulation (No. 1) 1996 SL No. 191notfd
gaz 12 July 1996 pp 1365–6commenced on date of
notificationVeterinary Surgeons Amendment Regulation (No.
1) 1997 SL No. 112notfd gaz 9 May 1997 pp 162–3commenced on date of notificationVeterinary Surgeons Amendment Regulation (No.
1) 1998 SL No. 371notfd gaz 18 December 1998 pp 1551–7ss
1–2 commenced on date of notificationremaining
provisions commenced 1 January 1999 (see s 2)Veterinary
Surgeons Amendment Regulation (No. 1) 2000 SL No. 83notfd
gaz 5 May 2000 pp 65–66commenced on date of
notification
18Veterinary Surgeons Regulation
1991Primary Industries Legislation Amendment
Regulation (No. 1) 2000 SL No. 169pts 1, 6notfd
gaz 30 June 2000 pp 736–48ss 1–2 commenced on date of
notificationremaining provisions commenced 1 July 2000
(see s 2)Veterinary Surgeons Amendment Regulation (No.
2) 2000 SL No. 324notfd gaz 8 December 2000 pp 1374–7commenced on date of notificationPrimary Industries Legislation Amendment
Regulation (No. 1) 2001 SL No. 177pts 1, 8notfd
gaz 28 September 2001 pp 328–30commenced on date
of notificationVeterinary Surgeons Amendment Regulation (No.
1) 2001 SL No. 289notfd gaz 21 December 2001 pp 1482–8commenced on date of notification6List of annotationsThis
reprint has been renumbered—see table of renumbered provisions in
endnote 7PART 1—PRELIMINARYpt hdgins
2001 SL No. 289 s 2 schShort titles 1sub
1991 SL No. 145 s 5PART 2—ACTS FOR ANIMAL HUSBANDRY OR DENTISTRY
THAT ARE NOTVETERINARY SCIENCEpt hdgins
2001 SL No. 289 s 3Prescribed acts—Act, s 2As 2prev
s 2 om R1 (RA s 40)pres s 2 ins 2001 SL No. 289 s 3PART
3—ELECTION PROCEDURESpt hdgins 2001 SL No.
289 s 2 schElectionss3prev
s 3 amd 1991 SL No. 145 s 4om 1996 SL No. 191 s 3pres
s 3 amd 1991 SL No. 145 s 4; 2001 No. 289 s 2 schFormss4om 1996 SL No.
191 s 3Conduct of electionss 5amd
2001 SL No. 289 s 4Counts6amd 1991 SL No.
145 s 4
19Veterinary Surgeons Regulation
1991Declarations 8amd
1991 SL No. 145 s 4; 2001 No. 289 s 2 schPART 4—MATTERS
ABOUT VETERINARY SURGEONSpt hdgins 2001 No. 289
s 2 schPrimary and secondary registrations
9ins 1991 SL No. 145 s 6reloc and renum
2001 SL No. 289 s 2 schVeterinary qualifications—Act, s
18s 10ins 1996 SL No. 191 s 5sub
2000 SL No. 324 s 3amd 2001 No. 289 s 2 schSpecialist
veterinary qualifications—Act, s 19Cs 11ins
1996 SL No. 191 s 5amd 2001 No. 289 s 2 schVeterinary
surgery—Act, s 25s 11Dins 1996 SL No. 191 s 5om
2001 SL No. 289 s 5Examinationss 12prev
s 12 amd 1991 SL No. 145 s 4; 1996 SL No. 191 s 6om
2001 SL No. 289 s 5pres s 12 amd 1991 SL No. 145 s 4; 2000 SL
No. 324 s 4; 2001 SL No. 289 s 2schreloc
and renum 2001 SL No. 289 s 2 schVeterinary
specialities—Act, s 19Ds 13prev s 13 sub
1996 SL No. 191 s 7om 2001 SL No. 289 s 5pres s 13 ins
1996 SL No. 191 s 5amd 2001 No. 289 s 2 schPART
5—MISCELLANEOUSpt hdgamd 2001 SL No.
289 s 2 schSignss 14prev s 14 amd
1991 SL No. 145 s 4; 1996 SL No. 191 s 8om 2001 SL No.
289 s 5pres s 14 amd 1991 SL No. 145 s 4; 1996 SL
No. 191 s 10; 2001 SL No. 289s 2 schRecordss 15prev
s 15 amd 1996 SL No. 191 s 11om 2001 SL No.
289 s 5Seals 16amd 2001 SL No.
289 s 2 schPrescribed drugs and poisons—Act, s 25s
17ins 2001 SL No. 289 s 6