Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_42dl:p1
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 42DL (pt 1/2)
Character Range: 19599–22411

42DL  Advertising offences

 (1) A person must not publish or broadcast an advertisement about therapeutic goods:
 (a) that contains a prohibited representation (whether in express terms or by necessary implication) about those goods; or
 (b) that does not contain a required representation about those goods; or
 (c) that contains a restricted representation, about those goods, the use of which has not been approved under subsection 42DF(1) or permitted under subsection 42DK(1); or
 (d) that is in contravention:
 (i) of a notice referred to in section 42DC that was served on the person; or
 (ii) of a notice referred to in section 42DK of which the person was aware when the advertisement was published; or
 (e) that contains:
 (i) a reference to the Act other than in a statement of the registration number, listing number or device number of the goods; or
 (ii) a statement suggesting or implying the goods have been recommended or approved by or on behalf of a government or government authority (including a foreign government or foreign government authority), other than a statement of their availability as a pharmaceutical benefit or a statement authorised or required by a government or government authority (including a foreign government or foreign government authority); or
 (f) that refers to goods, or substances or preparations containing goods, included in Schedule 3, 4 or 8 to the Poisons Standard; or
 (g) that are not entered in the Register; or
 (h) if the goods are therapeutic goods, or come within a class of therapeutic goods, that:
 (i) are exempt goods or exempt devices prescribed in the regulations for the purposes of this provision; or
 (ii) have been approved under subsection 19(1) or section 41HB of this Act for importation into, exportation from, or supply within, Australia.

Penalty: 60 penalty units.

 (2) For the purposes of an offence against subsection (1), strict liability applies to the following physical elements:
 (a) that the use of a restricted representation, as referred to in paragraph (1)(c), has not been approved under subsection 42DF(1) or permitted under subsection 42DK(1);
 (b) that the notice referred to in paragraph (1)(d):
 (i) in a case to which subparagraph (1)(d)(i) applies—is a notice referred to in section 42DC; and
 (ii) in a case to which subparagraph (1)(d)(ii) applies—is a notice referred to in section 42DK;
 (c) that goods, substances or preparations referred to in paragraph (1)(f) are included in Schedule 3, 4 or 8 to the Poisons Standard;
 (d) that the therapeutic goods, or class of therapeutic goods, referred to in paragraph (1)(h):
 (i) are exempt goods or exempt devices prescribed in the regulations made for the purposes of subparagraph (1)(h)(i); or
 (ii) have been approved under subsection 19(1) or section 41HB of