New South Wales Consolidated Acts

STOCK MEDICINES ACT 1989 - SECT 39A

39A Authorisations for veterinary practitioners

(1) A veterinary practitioner is authorised to use an unregistered stock medicine if the use occurs:

(a) in the course of the practice of the veterinary practitioner’s profession and for the purpose of dealing with an animal or animals under his or her care, and

(b) in the exempt circumstances set out in subsection (3).

(2) A veterinary practitioner is authorised to use a registered stock medicine in a manner contrary to the use instructions if the use occurs:

(a) in the course of the practice of the veterinary practitioner’s profession and for the purpose of dealing with an animal or animals under his or her care, and

(b) in the case of any of the following uses of the stock medicine, in the exempt circumstances set out in subsection (3):

(i) the administration of the stock medicine by injection if any use instruction indicates that the stock medicine is for oral or topical application,

(ii) the use of the stock medicine in a manner contrary to any use instruction that is included under a heading “Restraint” or “Restraints”,

(iii) the use of the stock medicine on stock of a major food producing species if the use instructions do not indicate, in some manner, that the stock medicine is intended for use on stock of some type of major food producing species,

(iv) the use of the stock medicine on stock of a food producing species if the use instructions indicate, in some manner, that the stock medicine is intended for use on stock that is not of a food producing species and if the use instructions also indicate, in some manner, that the stock medicine is not for use on stock of a food producing species.

(3) For the purposes of subsections (1) and (2) (b), the following are exempt circumstances in relation to the use of a stock medicine:

(a) the use of a stock medicine in the treatment of an individual animal of a food producing species (whether or not from a group of stock) where no other animal from the same property is being treated, at or about that time, with that stock medicine,

(b) the use of a stock medicine in accordance with a permit,

(c) the use of a stock medicine in compliance with an order in force under section 46.

(4) An authorisation referred to in this section operates for the purpose of section 38 or 39 only and does not affect any requirement to comply with any other provision of this Act or any other Act or law.