Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The Secretary, by written notice to an approval holder, may withdraw the approval of an approved advertisement if the Secretary is satisfied that:
(a) information given by the applicant in the application was false or incorrect and the Secretary or the Minister relied on the information in deciding to approve the advertisement; or
(b) a person has contravened section 42C of the Act in relation to the advertisement; or
(c) there has been a breach of a condition of approval; or
(d) because of a change to the facts or circumstances existing when the advertisement was approved, the advertisement no longer complies with the Therapeutic Goods Advertising Code; or
(e) because of a change to the Therapeutic Goods Advertising Code, the advertisement no longer complies with the Code.
(2) The Secretary, by written notice to an approval holder, may withdraw the approval of an approved advertisement on the recommendation of the Complaints Resolution Panel following a complaint to the Panel under subregulation 42ZCAB (1).
(3) The notice under subregulation (1) or (2) must:
(a) give the Secretary's reasons for the decision; and
(b) inform the approval holder of the approval holder's right to have the Secretary's decision reviewed by the Minister under regulation 5M.