Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_42df
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 42DF
Character Range: 14897–15942

42DF  Approval of use of restricted representation

 (1) If an application for approval of the use of a restricted representation is made, the Secretary must approve the use of the restricted representation if the Secretary is satisfied that:
 (a) the representation is accurate and balanced; and
 (b) the representation is not misleading or likely to be misleading.

 (2) Otherwise, the Secretary must refuse to approve the use of the restricted representation.

 (3) An approval may be subject to conditions imposed by the Secretary.

 (4) In deciding whether to approve or refuse to approve the use of a restricted representation, the Secretary must take into consideration:
 (a) any recommendation of the Therapeutic Goods Advertising Code Council; and
 (b) any advice of the Complementary Medicines Evaluation Committee or the Medicines Evaluation Committee; and
 (c) the public interest criteria mentioned in a part of the Therapeutic Goods Advertising Code that is prescribed by the regulations made for the purposes of this paragraph.