Document ID: chunk:federal_register_of_legislation:C2024C00632:section:42dl:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 42DL (pt 2/2)
Character Range: 929200–931639

the use of the restricted representation is not in accordance with the approval or permission or a condition of the approval or permission.
 (8) This subsection applies to the advertisement if it contains a reference to this Act, other than in a statement of the registration number, listing number or device number of the goods.
 (9) This subsection applies to the advertisement if it contains a statement, pictorial representation or design suggesting or implying the goods have been recommended or approved by or on behalf of a government or government authority (including a foreign government or foreign government authority), other than:
 (a) a statement of the availability of the goods as a pharmaceutical benefit; or
 (b) a statement, pictorial representation or design authorised or required by a government or government authority (not including a foreign government or foreign government authority); or
 (c) a statement, pictorial representation or design prescribed by the regulations for the purposes of this paragraph.
 (10) This subsection applies to the advertisement if it refers to substances, or goods 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).
 (11) 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).
 (12) 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).

Continuing offences
 (13) A person who contravenes subsection (1), (2) or (3) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.
 (14) The maximum penalty for each day that an offence against subsection (1), (2) or (3) continues is 10% of the maximum pecuniary penalty that can be imposed in respect of that offence.