(1)  In this Part –

defendant means a person upon whom a notice is served under section 44 ;

inquiry means an inquiry under this Part;

locum tenens means a registered veterinary surgeon appointed by another registered veterinary surgeon to work with or on behalf of the last-mentioned person.

(2)  Without limiting the generality of the meaning of the expression "misconduct in a professional respect" in this Part, a registered veterinary surgeon or registered veterinary specialist is guilty of misconduct in a professional respect if–

(a) he contravenes or fails to comply with any provision of the regulations;

(ab) he contravenes or fails to comply with any provision of a veterinary service standard declared under section 5B ;

(b) where a condition, limitation, or restriction is imposed on him by virtue of section 11A(1) , section 18(3A) or section 18A(2) or under section 46 (2) (d) , he contravenes or fails to comply, in this State, with that condition, limitation, or restriction;

(c) except where he is acting as a duly appointed locum tenens , or as an employee of another registered veterinary surgeon or of a personal representative pursuant to section 24 , he practises in this State veterinary surgery under a name other than–

(i) his own name;

(ii) a business name consisting of his name and the name of any other person in association with whom he so practises, without any addition; or

(iii) a name, registered under the Business Names Act 1962 , that the person is entitled to use under that Act and of which the Board has been notified in writing by the person;

(d) he permits in this State the use of his name in connection with the practice of veterinary surgery at premises at which he or his duly appointed locum tenens is not in regular attendance during the hours that those premises are open for that practice;

(e) he causes or permits any person to contravene or fail to comply with a provision of Part III in this State;

(f) in this State he uses or advertises in any way a qualification or title relating to his competence to practise veterinary surgery that is not shown in the entry relating to him in the register or in a register of veterinary surgeons, or registered veterinary specialists, kept under a corresponding law;

(g) in this State he carries out, or causes or permits his duly appointed locum tenens to carry out, any veterinary services at premises, or with equipment, instruments, materials, or drugs, which are unhygienic or otherwise unsuitable for the purpose of carrying out any such services; or

(h) he is convicted in this State, in another State or a Territory of the Commonwealth or a place outside the Commonwealth, of –

(i) an offence as a veterinary surgeon; or

(ii) an offence under any law relating to cruelty to animals, animal welfare or control or use of chemicals, poisons or pharmaceuticals.

(3)  The regulations may prescribe conduct other than that referred to in subsection (2) as misconduct in a professional respect.

(4)  A relevant complaint by a person, or investigation by the Board, on a ground specified in section 46(1)(e) , (f) , (g) or (h) , that relates to treatment provided, or a failure to provide treatment, by a person may only be made within 3 years after –

(a) the treatment ceased to be provided by the person; or

(b) the failure by the person occurred.

(5)  A reference in subsection (4) to a relevant complaint by a person, or investigation by the Board, is a reference to –

(a) a complaint by a person under section 42(1) or section 43 ; or

(b) an investigation by the Board referred to in section 44(1)  –

on a ground, specified in section 46(1)(e) , (f) , (g) or (h) , that relates to treatment provided, or a failure to provide treatment, by a registered veterinary surgeon, a registered veterinary specialist, or a formerly registered veterinary surgeon or formerly registered veterinary specialist.