Document ID: chunk:federal_register_of_legislation:C2024C00632:section:3:p13
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 3 (pt 13/14)
Character Range: 51912–54623

of this Act, the presentation of therapeutic goods is unacceptable if it is capable of being misleading or confusing as to the content or proper use or identification of the goods and, without limiting the previous words in this subsection, the presentation of therapeutic goods is unacceptable:
 (a) if it states or suggests that the goods have ingredients, components or characteristics that they do not have; or
 (b) if a name applied to the goods is the same as the name applied to other therapeutic goods that are supplied in Australia where those other goods contain additional or different therapeutically active ingredients; or
 (c) if the label of the goods does not declare the presence of a therapeutically active ingredient; or
 (ca) if the therapeutic goods are medicine included in a class of medicine prescribed by the regulations for the purposes of this paragraph—if the medicine's label does not contain the advisory statements specified under subsection (5A) in relation to the medicine; or
 (d) if a form of presentation of the goods may lead to unsafe use of the goods or suggests a purpose that is not in accordance with conditions applicable to the supply of the goods in Australia; or
 (e) in prescribed cases.
 (5A) The Minister may, by legislative instrument, specify advisory statements in relation to medicine for the purposes of paragraph (5)(ca).
 (5B) For the purposes of subsection (5A), the Minister may specify different advisory statements for different medicines or different classes of medicine.
 (6) A reference in this Act to an annual registration charge, an annual listing charge, an annual charge for inclusion in the Register, an annual licensing charge or an annual conformity assessment body determination charge is a reference to such a charge imposed under the Therapeutic Goods (Charges) Act 1989.
 (7) A reference to an offence against this Act includes a reference to:
 (a) an offence against the regulations; and
 (b) an offence against section 6 of the Crimes Act 1914, or section 11.1, 11.4 or 11.5 of the Criminal Code, in relation to an offence against this Act or the regulations; and
 (c) an offence against section 136.1, 137.1 or 137.2 of the Criminal Code in relation to this Act or the regulations.
 (7A) For the purposes of this Act, a corresponding State law imposes a duty on a Commonwealth officer or Commonwealth authority if:
 (a) the corresponding State law confers a function or power on the officer or authority; and
 (b) the circumstances in which the function or power is conferred give rise to an obligation on the officer or authority to perform the function or to exercise the power.
 (8) To avoid doubt:
 (a) a reference in this Act to