Document ID: chunk:federal_register_of_legislation:C2004A01124:clause:1_42dl:p2
Version: federal_register_of_legislation:C2004A01124
Segment Type: clause
Provision Reference: sch 1 cl 42DL (pt 2/2)
Character Range: 22159–23157

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 the Act for importation into, exportation from or supply within, Australia.

 (3) It is a defence to a prosecution under subsection (1) if:
 (a) in relation to an advertisement mentioned in paragraph (1)(a) or (f)—the advertisement is made by, or on behalf of, the Commonwealth; and
 (b) in relation to an advertisement mentioned in paragraph (1)(f)—the goods, substances or preparations are mentioned in Appendix H of the Poisons Standard; and
 (c) in relation to goods mentioned in paragraph (1)(g)—the goods are exempt goods or exempt devices other than goods of a kind mentioned in paragraph (1)(h).

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