Document ID: chunk:federal_register_of_legislation:C2024C00632:section:42dlb:p2
Version: federal_register_of_legislation:C2024C00632
Segment Type: section
Provision Reference: s 42DLB (pt 2/2)
Character Range: 935723–937738

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.

Continuing contraventions
 (10A) A person who contravenes subsection (1) commits a separate contravention of that subsection in respect of each day during which the contravention continues (including the day the order under subsection 42Y(2) is made or any later day).
 (10B) The maximum civil penalty for each day that a contravention against subsection (1) continues is 10% of the maximum civil penalty that can be imposed in respect of the contravention.
 (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.