AustLII Tasmanian Consolidated Acts

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VETERINARY SURGEONS ACT 1987 - SECT 35

35. Board may require information from records kept under section 34

      (1) Subject to subsection (2), the Board may serve on a veterinary services company, registered veterinary surgeon or registered veterinary specialist an instrument in writing requiring him, her or it to provide the Board, within such period as is specified in the instrument or such further period as the Board may allow, a statement in writing by the registered veterinary surgeon or registered veterinary specialist or a person who is concerned in the management of the company containing particulars of the information in the records kept under section 34, being a statement relating to such period as is specified in the instrument.

      (2) Except with the consent of a client or a person authorized by a client, information contained in a statement provided pursuant to an instrument under subsection (1) shall not include any clinical details of the symptoms, signs, diagnosis, or treatment of the patient.

      (3) A veterinary services company on which, or registered veterinary surgeon or registered veterinary specialist on whom, an instrument is served under subsection (1) must not fail to –

(a) provide the Board with a statement as required by the instrument; or

(b) provide the Board with such a statement within such period as is specified in the instrument or such further period as the Board may allow.

Penalty:

Fine not exceeding 20 penalty units.

      (4) A person who, in a statement provided pursuant to an instrument under subsection (1), makes a representation which is false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.

      (5) It is a defence to a charge under subsection (4) if it is proved that, at the time when the representation was made, the defendant believed on reasonable grounds that it was neither false nor misleading.



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