Document ID: chunk:federal_register_of_legislation:C2024C00632:section:42dma
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 42DMA
Character Range: 940020–941707

42DMA  Civil penalty—non‑compliance with the Therapeutic Goods Advertising Code
 (1) A person contravenes this section if:
 (a) the person:
 (i) advertises, by any means, therapeutic goods; or
 (ii) causes the advertising, by any means, of therapeutic goods; and
 (b) the advertisement does not comply with the Therapeutic Goods Advertising Code.
Maximum civil penalty:
 (a) for an individual—5,000 penalty units; and
 (b) for a body corporate—50,000 penalty units.

Exception
 (2) Subsection (1) does not apply if:
 (a) the person is a broadcaster, a datacaster, the SBS or a person of a kind prescribed by the regulations for the purposes of this paragraph; and
 (b) as a result of steps taken by the person, it was reasonable for the person to assume that the advertisement complied with the Therapeutic Goods Advertising Code.

Continuing contraventions
 (2A) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day during which the contravention continues (including the day the order under subsection 42Y(2) is made or any later day).
 (2B) The maximum civil penalty for each day that a contravention against subsection (1) continues is 10% of the maximum civil penalty that can be imposed in respect of the contravention.
 (3) In this section:
broadcaster has the meaning given by clause 3 of Schedule 2 to the Broadcasting Services Act 1992.
datacaster means a person who holds a datacasting licence (within the meaning of the Broadcasting Services Act 1992).
SBS has the same meaning as in the Special Broadcasting Service Act 1991.

Division 4—Generic information about ingredients or components of therapeutic goods