Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_42c:p1
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 42C (pt 1/2)
Character Range: 9578–12383

42C  Offences relating to publication of advertisements

 (1) A person is guilty of an offence if:
 (a) the person:
 (i) publishes or broadcasts; or
 (ii) causes to be published or broadcast;
  in specified media, an advertisement that is required by the Therapeutic Goods Regulations to be an approved advertisement; and
 (b) the advertisement is not an approved advertisement.

Penalty: 60 penalty units.

 (2) A person is guilty of an offence if:
 (a) the person:
 (i) publishes or broadcasts; or
 (ii) causes to be published or broadcast;
  an advertisement in specified media; and
 (b) the advertisement is not an approved advertisement in that it differs, in any respect, from the advertisement that was approved.

Penalty: 60 penalty units.

 (3) It is a defence to a prosecution under subsection (2) if:
 (a) the person prosecuted is a publisher or broadcaster who received the advertisement to which the prosecution relates for publication or broadcasting in specified media in the ordinary course of business; or
 (b) the particular advertisement to which the prosecution relates differs only in respect of a matter mentioned in paragraph 5C(2)(b), (e) or (f) of the Therapeutic Goods Regulations.

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3 of the Criminal Code).

 (4) A person is guilty of an offence if:
 (a) the person:
 (i) publishes or broadcasts; or
 (ii) causes to be published or broadcast;
  in specified media referred to in paragraph (a), (c) or (d) of the definition of specified media, or in visual broadcast media, a particular advertisement; and
 (b) the advertisement:
 (i) does not display its approval number; or
 (ii) displays a number purporting to be its approval number but that is not its approval number; or
 (iii) displays an approval number that has expired.

Penalty: 30 penalty units.

 (5) It is a defence to a prosecution under subsection (4) if the person prosecuted:
 (a) is a publisher who received the advertisement to which the prosecution relates for publication in specified media referred to in paragraph (a), (c) or (d) of the definition of specified media; or
 (b) is a broadcaster who received the advertisement to which the prosecution relates for broadcasting in visual broadcast media;
in the ordinary course of business.

Note: A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3 of the Criminal Code).

 (6) A person is guilty of an offence if:
 (a) the person:
 (i) publishes or broadcasts; or
 (ii) causes to be published or broadcast;
  in specified media, an approved advertisement; and
 (b) the person's action is in contravention of a condition to which the approval of the advertisement is subject.

Penalty: 60 penalty