Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Except as
otherwise provided in this section, only the following persons shall practise
veterinary surgery —
(a) a
registered veterinary surgeon; or
(b) an
association or body of persons comprised wholly of persons who are registered
veterinary surgeons.
Penalty: $2 000.
(2) Nothing in
subsection (1) shall extend to make any person liable to any penalty if
he satisfies the court that he has not directly or indirectly been paid or
remunerated or received any other valuable consideration, or been promised or
expected any such pay, remuneration or consideration for or in relation to the
practice of veterinary surgery or any other directly or indirectly related
matter arising out of or connected with the relevant circumstances.
(3) Nothing in
subsection (1) applies to or prohibits the performance, whether or not
for reward, by a person —
(a) of
first aid for the purpose of saving the life of an animal or relieving pain
suffered by an animal;
(b) of a
veterinary service prescribed for the purposes of this paragraph, if, within
50 kilometres of the place where the service is required
either —
(i)
no registered veterinary surgeon is in practice; or
(ii)
no registered veterinary surgeon willing to perform the
service can be found; or
(iii)
no registered veterinary surgeon is available to perform
the service within a reasonable time;
(c) in a
prescribed area of the State and using humane methods, of the operation of
spaying cattle or of castrating any animal over the age of 12 months;
(d)
using humane methods, of the operation of dehorning cattle, tailing or
mulesing lambs, or of castrating any animal not over the age of
12 months; or
(e) of
such veterinary services as may be prescribed for the purposes of this
paragraph.
(4) Nothing in
subsection (1) applies to or prohibits —
(a)
students from a school of veterinary science at an Australian university
examining animals and performing such veterinary services as may be prescribed
for the purposes of this paragraph subject to the conditions as to supervision
and other matters prescribed; or
(b) the
performance by a veterinary nurse or other person authorised by the Board of
such duties or veterinary services as may be prescribed for the purposes of
this paragraph, under the direction of a registered veterinary surgeon.
(5) A person who uses
for the diagnosis, examination, or treatment of any animal ailment or defect
any method or equipment which is subject to the provisions of the
Radiation Safety Act 1975 , and is prescribed for the purposes of this
subsection in regulations made under this Act commits an offence unless he is,
or is acting under the supervision of, a registered veterinary surgeon.
(6) Subject to
subsection (7), no person other than a registered veterinary surgeon
shall carry on the business of a veterinary surgeon, whether alone or in
association with any other person or persons or association of persons, or own
or have any pecuniary interest in any business which consists of or includes
the practice of veterinary surgery; but nothing in this subsection prohibits a
person from permitting premises owned or occupied by him to be used for the
purposes of a veterinary clinic or a veterinary hospital under the provisions
of this Act.
Penalty: $2 000.
(7) Nothing in
subsection (1) or (6) applies to or prohibits a university from
conducting a veterinary clinic or veterinary hospital under section 24A.
[Section 26 amended by No. 45 of 1977
s. 23; No. 43 of 1988 s. 15; No. 20 of 1989 s. 3.]