THERAPEUTIC GOODS ACT 1989 - SECT 42DKB Certain representations not to be advertised

THERAPEUTIC GOODS ACT 1989 - SECT 42DKB

  (1)   If a representation in an advertisement about therapeutic goods is false or misleading, the Secretary may, by notice given to a person apparently responsible for:

  (a)   advertising the therapeutic goods; or

  (b)   causing the advertising of the therapeutic goods;

prevent that person from advertising the therapeutic goods, or causing the advertising of the therapeutic goods, in circumstances where the advertisement contains that representation (whether in express terms or by necessary implication).

Note:   See sections   42DLA and 42DLC for criminal offences and a civil penalty for contravening the notice.

  (2)   A notice under subsection   (1) is not a legislative instrument.

Publication

  (3)   As soon as practicable after giving a notice under subsection   (1), the Secretary must cause the notice to be published on the Department's website.