Document ID: chunk:federal_register_of_legislation:F2019L01013:clause:1_19
Version: federal_register_of_legislation:F2019L01013
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 8516–10037

19  Section 28
Repeal the section, substitute:
(1) Subject to subsection (2), for the purposes of section 42DD of the Act, a form of a disease, condition, ailment or defect is a serious form if:
           (a) it is medically accepted that the form requires diagnosis or treatment or supervision by a suitably qualified health professional, except where the form has been medically diagnosed and medically accepted as being suitable for self-treatment and management; or
           (b) there is a diagnostic (including screening), preventative, monitoring, susceptibility or pre-disposition test available for the form (including a self-administered test), which requires medical interpretation or follow-up.
(2) A serious form of a disease, condition, ailment or defect does not include:
(a) pregnancy, other than pregnancy with a medical, obstetric or surgical complication; or
(b) any of the diseases mentioned in section 30.
Note 1: Section 42DD of the Act provides that a representation that refers to a serious form of a disease, condition, ailment or defect is a restricted representation.
Note 2: Sections 42DF and 42DK of the Act provide for the Secretary to approve or permit the use of a restricted representation in certain circumstances.
Note 3: See sections 42DL and 42DLB of the Act for offences and a civil penalty for advertising therapeutic goods, where the advertisement contains a restricted representation.

20 Schedule 1 (table, Part 1, item dealing with Aspirin, column 3)
Omit " heart failure,".