Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

THERAPEUTIC GOODS ACT 1989 - SECT 42C

Offences relating to publication of advertisements

             (1)  A person commits an offence if:

                     (a)  the person:

                              (i)  publishes or broadcasts; or

                             (ii)  causes to be published or broadcast;

                            in specified media, an advertisement that is required by the Therapeutic Goods Regulations to be an approved advertisement; and

                     (b)  the advertisement is not an approved advertisement.

Penalty:  60 penalty units.

Note:          Advertising that requires approval under Part 2 of the Therapeutic Goods Regulations 1990 must also comply with the Therapeutic Goods Advertising Code.

             (2)  A person commits an offence if:

                     (a)  the person:

                              (i)  publishes or broadcasts; or

                             (ii)  causes to be published or broadcast;

                            an advertisement in specified media; and

                     (b)  the advertisement is not an approved advertisement in that it differs, in any respect, from the advertisement that was approved.

Penalty:  60 penalty units.

Note:          Advertising that requires approval under Part 2 of the Therapeutic Goods Regulations 1990 must also comply with the Therapeutic Goods Advertising Code.

             (3)  It is a defence to a prosecution under subsection (2) if:

                     (a)  the person prosecuted is a publisher or broadcaster who received the advertisement to which the prosecution relates for publication or broadcasting in specified media in the ordinary course of business; or

                     (b)  the particular advertisement to which the prosecution relates differs only in respect of a matter mentioned in paragraph 5C(2)(b), (e) or (f) of the Therapeutic Goods Regulations.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3 of the Criminal Code ).

             (4)  A person commits an offence if:

                     (a)  the person:

                              (i)  publishes or broadcasts; or

                             (ii)  causes to be published or broadcast;

                            a particular advertisement in specified media referred to in paragraph (a), (c) or (d) of the definition of specified media ; and

                     (b)  the advertisement:

                              (i)  does not display its approval number; or

                             (ii)  displays a number purporting to be its approval number but that is not its approval number; or

                            (iii)  displays an approval number that has expired.

Penalty:  30 penalty units.

Note:          Advertising that requires approval under Part 2 of the Therapeutic Goods Regulations 1990 must also comply with the Therapeutic Goods Advertising Code.

             (5)  It is a defence to a prosecution under subsection (4) if the person prosecuted:

                     (a)  is a publisher who received the advertisement to which the prosecution relates for publication in specified media referred to in paragraph (a), (c) or (d) of the definition of specified media ; or

                     (b)  is a broadcaster who received the advertisement to which the prosecution relates for broadcasting in visual broadcast media;

in the ordinary course of business.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (5) (see subsection 13.3 of the Criminal Code ).

             (6)  A person commits an offence if:

                     (a)  the person:

                              (i)  publishes or broadcasts; or

                             (ii)  causes to be published or broadcast;

                            in specified media, an approved advertisement; and

                     (b)  the person's action is in contravention of a condition to which the approval of the advertisement is subject.

Penalty:  60 penalty units.

Note:          Advertising that requires approval under Part 2 of the Therapeutic Goods Regulations 1990 must also comply with the Therapeutic Goods Advertising Code.

             (7)  It is a defence to a prosecution under subsection (6) if the person prosecuted is a publisher or broadcaster who received the advertisement to which the prosecution relates for publication or broadcasting in specified media in the ordinary course of business.

Note:          A defendant bears an evidential burden in relation to the matters in subsection (7) (see subsection 13.3 of the Criminal Code ).

             (8)  An offence against this section is an offence of strict liability.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback