Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:6_42dlb:p2
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 6 cl 42DLB (pt 2/2)
Character Range: 126966–128522

containing substances, included in Schedule 3, 4 or 8 to the current Poisons Standard but not in Appendix H of the current Poisons Standard, other than a reference authorised or required by a government or government authority (not including a foreign government or foreign government authority).
 (8) This subsection applies to the advertisement if it refers to a biological, other than a reference authorised or required by a government or government authority (not including a foreign government or foreign government authority).
 (9) This subsection applies to the advertisement if it refers to therapeutic goods that are not entered in the Register and that are prescribed by the regulations for the purposes of this subsection, other than a reference authorised or required by a government or government authority (not including a foreign government or foreign government authority).

Exception
 (10) 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 subsections (2) to (9) did not apply to the advertisement.
 (11) 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.