Commonwealth Consolidated Acts

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THERAPEUTIC GOODS ACT 1989 - SECT 42DM

Offences--non-compliance with the Therapeutic Goods Advertising Code

             (1)  A person commits an offence if:

                     (a)  the person:

                              (i)  advertises, by any means, therapeutic goods; or

                             (ii)  causes the advertising, by any means, of therapeutic goods; and

                     (b)  the advertisement does not comply with the Therapeutic Goods Advertising Code; and

                     (c)  either:

                              (i)  the use of the goods in reliance on the advertisement has resulted in, will result in, or is likely to result in, harm or injury to any person; or

                             (ii)  the use of the goods in reliance on the advertisement, if the goods were so used, would result in, or would be likely to result in, harm or injury to any person.

Penalty:  Imprisonment for 5 years or 4,000 penalty units, or both.

             (2)  A person commits an offence if:

                     (a)  the person:

                              (i)  advertises, by any means, therapeutic goods; or

                             (ii)  causes the advertising, by any means, of therapeutic goods; and

                     (b)  the advertisement does not comply with the Therapeutic Goods Advertising Code.

Penalty:  Imprisonment for 12 months or 1,000 penalty units, or both.

             (3)  A person commits an offence if:

                     (a)  the person:

                              (i)  advertises, by any means, therapeutic goods; or

                             (ii)  causes the advertising, by any means, of therapeutic goods; and

                     (b)  the advertisement does not comply with the Therapeutic Goods Advertising Code.

Penalty:  100 penalty units.

             (4)  An offence against subsection (3) is an offence of strict liability.

Continuing offences

             (5)  A person who contravenes subsection (1), (2) or (3) commits a separate offence in respect of each day (including a day of a conviction for the offence or any later day) during which the contravention continues.

             (6)  The maximum penalty for each day that an offence against subsection (1), (2) or (3) continues is 10% of the maximum pecuniary penalty that can be imposed in respect of that offence.



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