Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:6_42dl:p1
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 6 cl 42DL (pt 1/2)
Character Range: 117925–120683

42DL  Advertising offences—general
 (1) A person commits an offence if:
 (a) the person:
 (i) advertises, by any means, therapeutic goods; or
 (ii) causes the advertising, by any means, of therapeutic goods; and
 (b) subsection (5), (6), (7), (8), (9), (10), (11) or (12) applies to the advertisement; and
 (c) either:
 (i) the use of the goods in reliance on the advertisement has resulted in, will result in, or is likely to result in, harm or injury to any person; or
 (ii) the use of the goods in reliance on the advertisement, if the goods were so used, would result in, or would be likely to result in, harm or injury to any person.
Penalty: Imprisonment for 5 years or 4,000 penalty units, or both.
 (2) A person commits an offence if:
 (a) the person:
 (i) advertises, by any means, therapeutic goods; or
 (ii) causes the advertising, by any means, of therapeutic goods; and
 (b) subsection (5), (6), (7), (8), (9), (10), (11) or (12) applies to the advertisement.
Penalty: Imprisonment for 12 months or 1,000 penalty units, or both.
 (3) A person commits an offence if:
 (a) the person:
 (i) advertises, by any means, therapeutic goods; or
 (ii) causes the advertising, by any means, of therapeutic goods; and
 (b) subsection (5), (6), (7), (8), (9), (10), (11) or (12) applies to the advertisement.
Penalty: 100 penalty units.
 (4) An offence against subsection (3) is an offence of strict liability.

Contravening provisions
 (5) This subsection applies to the advertisement if it contains a prohibited representation (whether in express terms or by necessary implication) about the goods and either of the following applies:
 (a) no permission under section 42DK is in force in relation to the prohibited representation;
 (b) a permission under section 42DK is in force in relation to the prohibited representation but the use of the prohibited representation is not in accordance with the permission or a condition of the permission.
 (6) This subsection applies to the advertisement if it does not contain a required representation about the goods.
 (7) This subsection applies to the advertisement if it contains a restricted representation (whether in express terms or by necessary implication) and either of the following applies:
 (a) neither an approval under section 42DF nor a permission under section 42DK is in force in relation to the restricted representation;
 (b) an approval under section 42DF or a permission under section 42DK is in force in relation to the restricted representation but 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