Victorian Consolidated Legislation

Health Professions Registration Act 2005 - SECT 94

Advertising

94. Advertising



(1) A person must not advertise a regulated health service or a business
providing regulated health services in a manner which-

   (a)  is or is intended to be false, misleading or deceptive; or

   (b)  offers a discount, gift or other inducement to attract clients to a
        business providing regulated health services unless the advertisement
        also sets out the terms and conditions of that offer; or

   (c)  refers to, uses or quotes from testimonials or purported testimonials;
        or

   (d)  creates an unreasonable expectation of beneficial treatment; or

   (e)  directly or indirectly encourages the indiscriminate or unnecessary
        use of regulated health services or medicines.

Penalty: 60 penalty units in the case of a natural person and 300 penalty
units in the case of a body corporate.

(2) If a body corporate contravenes subsection (1), an officer, within the
meaning of section 9 of the Corporations Act, of the body corporate who was,
in any way, by act or omission, directly or indirectly, knowingly concerned in
or party to the commission of the offence also commits an offence under
subsection (1) and is liable for the penalty applicable to a natural person
for that offence.

(3) A person who, in good faith, publishes or prints an advertisement which
contravenes subsection (1) on behalf of another person, is not guilty of an
offence under that subsection.