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Certificates.

Registered veterinary surgeons may sue for fees, etc. Cf. ibid., sec. 24.

Prohibition on
unregistered person
recovering fees.
Cf. ibid., sec. 24.

Penalty for practising when not registered.

Cf. ibid., secs. 24 and 28.

ment, plate, sign, or written or printed matter, that such person is registered as a veterinary practitioner only. Save as in this section provided, no person shall be registered as a veterinary surgeon under this Act.

22. (1.) Every registered veterinary surgeon shall, on payment of a fee of one shilling, be entitled to obtain from the Registrar a certificate stating that he is so registered, and setting out the quali fications by virtue of which he is registered.

(2.) In the case of a certificate issued to a person qualified as provided in subsection (1) of section twenty-one, the certificate shall be called a "certificate of competency," and shall state that such person is registered as a competent veterinary surgeon.

(3.) A certificate issued to a veterinary practitioner shall be called a "certificate of practice," and shall state that it is issued to the practitioner without any proof of competency having being furnished by him.

(4.) Every such certificate shall be prima facie evidence of the matters therein stated.

23. Every registered veterinary surgeon may, whilst so registered, sue in any Court of law of competent jurisdiction for the recovery of his fees or other remuneration for professional services whether medical or surgical.

24. No person other than a registered veterinary surgeon shall (subject as hereinafter provided) be entitled to sue or counterclaim or set-off or recover any charge or remuneration for any veterinary advice, attendance, service, operation, or medicine.

Offences.

25. (1.) Except as hereinafter provided, from and after the first day of May, one thousand nine hundred and twelve, no person other than a registered veterinary surgeon shall be entitled to(a.) Practise veterinary surgery in any of its branches or perform or give for reward any veterinary service, operation, or advice; or to

(b.) Advertise or hold himself out as being a registered veterinary surgeon; or to

(c.) Advertise or hold himself out as being entitled or qualified to practise veterinary surgery or to perform or give any veterinary service, operation, or advice. (2.) Every person who does or permits any act, matter, or thing contrary to this section shall be liable, upon conviction, to a penalty not exceeding twenty pounds.

Provided, nevertheless, that nothing herein shall make it illegal for any person to perform for reward the operation of castration, spaying, or dehorning on any animal or the tailing of lambs.

(3.)

(3.) Any person other than a registered veterinary surgeon who shall advertise or hold himself out as being a registered veterinary practitioner shall be deemed guilty of an offence under this section and liable to the penalty mentioned in subsection two.

(4.) Any person who shall by act or omission contravene the proviso to subsection three of section twenty-one shall be liable on conviction to a penalty not exceeding ten pounds.

(5.) Every person who exhibits or publishes any letter, cir- Penalty for cular, card, or advertisement of any kind whereby any person not registered. advertising when holds himself out contrary to any part of this section or section twenty-one shall be liable, upon conviction, to a penalty not exceeding five pounds.

Provided that this section shall not apply to any newspaper proprietor or printer publishing such advertisement in good faith before receiving written notice from the registrar that such advertisement is contrary to some part of this section.

26. If any person

Penalty for obstructing or

(a) Shall resist or obstruct any officer of the Board in the misleading officers.
performance of any duties or the exercise of any
powers under this Act or any regulation; or

(b) Shall wilfully mislead any such officer in any particular
likely to affect the discharge of his duty,

such person shall be guilty of an offence against this Act and liable
on conviction to a penalty not exceeding twenty pounds.

Miscellaneous.

27. (1.) The Board with the approval of the Governor may, Regulations. from time to time, make, alter, and repeal regulations for:

(a.) Determining the evidence to be produced and conditions to be fulfilled by any person applying for registration under this Act;

(b.) Regulating the form and manner of keeping the register;
(c.) Regulating the meetings and proceedings of the Board;
(d.) Regulating the manner of making and dealing with com-

plaints against registered veterinary surgeons alleged
to be incompetent or to have been guilty of misconduct
as such surgeons;

(e.) Prescribing a scale of fees to be charged in respect of any
registration or other proceeding under this Act or the
regulations.

(f.) Regulating or prescribing all matters which by this Act are required or permitted to be prescribed or regulated or which it may be necessary or convenient to regulate or prescribe for giving effect to this Act or the regulations;

(9.)

Regulations, how made.

Either House may

lation.

(g.) Prescribing forms for use under this Act.

(2.) Such regulations shall state a penalty, not exceeding ten pounds, for any neglect or breach thereof.

28. Any regulations made under this Act shall

(i.) be published in the Gazette;

(ii.) take effect from the date of publication or from a later date to be specified in such regulations;

(iii.) be laid before both Houses of Parliament within seven days after publication if Parliament is in session, and if not, then within seven days after the commencement of the next session.

(2.) If either House of Parliament passes a resolution at disallow any regu- any time within twenty days after such regulations have been laid before such House disallowing any regulation, such regulation shall thereupon cease to have effect, but without prejudice to anything previously done or suffered thereunder.

Act not to inter

Cf. ibid., sec. 26.

29. Nothing in this Act contained shall extend to or interfere fere with chemists. with the business or with the rights and privileges of any registered pharmaceutical chemist in supplying drugs, medical and surgical appliances used for horses, cows, and other animals in the ordinary course of such business nor with the business of any wholesale druggist.

By Authority: FRED. WM. SIMPSON, Government Printer, Perth.

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[Assented to 31st December, 1911.]

E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:

1. This Act may be cited as the Criminal Code Amendment Short title and Act, 1911, and shall come into operation on the first day of Janu- commencement. ary, one thousand nine hundred and twelve.

2. Section eighteen of the Criminal Code (hereinafter called Amendment of the Code) is hereby amended by the insertion of the words, "pre- Section 18: ventive detention" immediately before the last sentence thereof. tention.

3. The third paragraph inserted in section twenty of the Code Amendment of by section two of the Criminal Code Amendment Act, 1906, is Section 20. hereby repealed, and the following words are inserted in the said section in lieu thereof:

"The time during which a convicted appellant, pending 7 Edw.VII., c. 23, the determination of his appeal, is admitted to bail and, s. 14 (3). subject to any directions which the Court of Criminal

Appeal

Amendment of
Section 21.

cf. 7 Edw. VII.,
c. 23, s. 19.

Amendment of
Section 565.

Charge of being habitual criminal may be joined with charge of crime.

New section.

Indictment of habitual criminal.

Appeal may give to the contrary on any appeal, the time during which the appellant if in custody is specially treated as an unconvicted prisoner, shall not count as part of any term of imprisonment under his sentence, and in the case of an appeal under this Code any imprisonment under the sentence of the appellant, whether it is the sentence passed by the Court of trial or the sentence passed by the Court of Criminal Appeal, shall, subject to any directions which may be given by the Court as aforesaid, be deemed to be resumed or to begin to run, as the case requires, if the appellant is in custody, as from the day on which the appeal is determined, and, if he is not in custody, as from the day on which he is received into prison under the sentence."

4. The following words are added to section twenty-one of the Code:-"but the Attorney General, on the consideration of any petition for the exercise of His Majesty's mercy having reference to the conviction of a person on indictment or to the sentence (other than sentence of death) passed on a person so convicted, may, if he thinks fit, at any time either

(a) refer the whole case to the Court of Criminal Appeal, and the case shall then be heard and determined by the Court of Criminal Appeal as in the case of an appeal by a person convicted; or

(b) if he desires the assistance of the Court of Criminal Appeal on any point arising in the case with a view to the determination of the petition, refer that point to the Court of Criminal Appeal for their opinion. thereon, and the Court shall consider the point so referred and furnish the Attorney General with their opinion thereon accordingly."

5. The following subsection is hereby added to section five hundred and sixty-five of the Code:

66

(6.) In an indictment against a person for a crime, he may also be charged with being an habitual criminal."

6. The following section is inserted in the Code immediately after section five hundred and sixty-seven :

"567a. In an indictment against a person as an habitual criminal, it is sufficient after charging the subsequent crime to state the substance and effect of each or any previous conviction, and the time and place thereof, and that the accused is an habitual criminal."

7.

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