Document ID: chunk:federal_register_of_legislation:F2023C00019:clause:1_25
Version: federal_register_of_legislation:F2023C00019
Segment Type: clause
Provision Reference: sch 1 cl 25
Character Range: 42836–43973

25  Samples
 (1) An advertisement about therapeutic goods must not contain or consist of a sample, or an offer of a sample, of therapeutic goods, unless:
 (a) the goods are mentioned in an item in Annexure 2; and
 (b) the conditions (if any) for that item are met; and
 (c) the goods do not contain a substance included in Schedule 2, 3, 4 or 8 to the current Poisons Standard; and
 (d) in relation to goods included in the Register—the goods are supplied in a pack accepted in relation to the inclusion of the goods.
Note: It is an offence or contravention of a civil penalty provision in subsections 42DL(12) and 42DLB(9) of the Act respectively to offer or supply a sample of therapeutic goods that are prescribed in regulation 7 of the Regulations for the purposes of subsections 42DL(12) and 42DLB(9) of the Act, and not included in the Register.
 (2) In this section:
sample, in relation to therapeutic goods, means any goods given for free.
Note: A sample does not include therapeutic goods offered under a 'buy one, get one free' arrangement, provided the free therapeutic goods are the same as the purchased therapeutic goods.