Document ID: chunk:federal_register_of_legislation:C2018A00007:clause:6_42dma
Version: federal_register_of_legislation:C2018A00007
Segment Type: clause
Provision Reference: sch 6 cl 42DMA
Character Range: 130804–131949

42DMA  Civil penalty—non‑compliance with the Therapeutic Goods Advertising Code
 (1) A person contravenes this section if:
 (a) the person:
 (i) advertises, by any means, therapeutic goods; or
 (ii) causes the advertising, by any means, of therapeutic goods; and
 (b) the advertisement does not comply with the Therapeutic Goods Advertising Code.
Maximum civil penalty:
 (a) for an individual—5,000 penalty units; and
 (b) for a body corporate—50,000 penalty units.

Exception
 (2) 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 the advertisement complied with the Therapeutic Goods Advertising Code.
 (3) 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.