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THERAPEUTIC GOODS AMENDMENT ACT (NO. 1) 2003 NO. 39, 2003 - SCHEDULE 2

- Amendment of the Broadcasting Services Act 1992

1 Clause 1 of Schedule 2 (definition of medicine)

Repeal the definition.

2 Subclauses 6(2) to (8) of Schedule 2

Repeal the subclauses, substitute:

(2) A broadcaster must not broadcast an advertisement relating to therapeutic goods that is required to be approved under the Therapeutic Goods Act 1989 unless the text of the advertisement has been so approved.
3 Saving and transitional provisions

(1) If, before the date of commencement of items 1 and 2 of this Schedule:

(a) a person has applied, under clause 6 of Schedule 2 to the Broadcasting Services Act 1992 , to the Secretary (the Health Secretary ) of the Department whose Minister (the Health Minister ) is responsible for the administration of the Therapeutic Goods Act 1989 for approval of an advertisement proposed for broadcasting; and
(b) a decision has not been made by the Health Secretary before that date;

that application is to be treated, on and after that date, for all purposes as if it were an application for approval under the Therapeutic Goods Regulations 1990 .

(2) If, before the date of commencement of items 1 and 2 of this Schedule:

(a) the Health Secretary has made a decision in relation to an application, under clause 6 of Schedule 2 to the Broadcasting Services Act 1992 , for approval of an advertisement proposed for broadcasting; and
(b) an appeal from that decision has not been made to the Minister responsible for the administration of the Broadcasting Services Act 1992 ;

the person who sought that approval has the same right to appeal to the Health Minister under the Therapeutic Goods Regulations 1990 , on and after that date, as if that decision had been made under those regulations.

(3) If, before the date of commencement of items 1 and 2 of this Schedule:

(a) the Health Secretary has made a decision in relation to an application, under clause 6 of Schedule 2 to the Broadcasting Services Act 1992 , for approval of an advertisement proposed for broadcasting; and
(b) an appeal from that decision has been made to the Minister responsible for the administration of the Broadcasting Services Act 1992 ; and
(c) the appeal has not been finally determined before that date;

that appeal is to continue to be dealt with under the Broadcasting Services Act 1992 , on and after that date, as if the amendments made by items 1 and 2 had not been made.



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