THERAPEUTIC GOODS ACT 1989 - SECT 42DR Secretary may require information or documents
THERAPEUTIC GOODS ACT 1989 - SECT 42DR
Secretary may require information or documents(1) The Secretary may, by written notice given to a person apparently responsible for advertising therapeutic goods, or for causing the advertising of therapeutic goods, require the person to give to the Secretary specified information, or to produce to the Secretary specified documents, relating to the advertisement.
(2) The Secretary may, by written notice given to a person apparently responsible for disseminating, or for causing the disseminating of, generic information about therapeutic goods to the public or a section of the public, require the person to give to the Secretary specified information, or to produce to the Secretary specified documents, relating to the dissemination.
(3) The person must give the information, or produce the documents, to the Secretary:
(a) within the period, of not less than 14 days after the day the notice is given, specified in the notice or within such longer period as the Secretary allows; and
(b) in the form specified in the notice.
Note: Section 42DS contains criminal offences for failing to comply with the notice and for giving false or misleading information or documents and section 42DT contains a civil penalty for giving false or misleading information or documents.
(4) The form may require or permit the information to be given, or the documents to be produced, in accordance with specified software requirements:
(a) on a specified kind of data processing device; or
(b) by way of a specified kind of electronic transmission.
Notice not a legislative instrument
(5) A notice under subsection (1) or (2) is not a
legislative instrument.