Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If an application for approval of the use of a restricted representation is made, the Secretary must approve the use of the restricted representation if the Secretary is satisfied that:
(a) the representation is accurate and balanced; and
(b) the representation is not misleading or likely to be misleading.
(2) Otherwise, the Secretary must refuse to approve the use of the restricted representation.
(3) An approval may be subject to conditions imposed by the Secretary.
(4) In deciding whether to approve or refuse to approve the use of a restricted representation, the Secretary must take into consideration:
(b) any advice of a committee that is established under the regulations and is prescribed by the regulations for the purposes of this paragraph; and
(c) the public interest criteria mentioned in the part of the
Therapeutic Goods Advertising Code dealing with restricted representations.