(1) A person contravenes this section 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.
Maximum civil penalty:
(a) for an individual--5,000 penalty units; and
(b) for a body corporate--50,000 penalty units.
(2) Subsection (1) does not apply if:
(a) the person is a broadcaster, a datacaster, the SBS or a person of a kind prescribed by the regulations for the purposes of this paragraph; and
(b) as a result of steps taken by the person, it was reasonable for the person to assume that the advertisement complied with the Therapeutic Goods Advertising Code.
(3) In this section:
"broadcaster" has the meaning given by clause 3 of Schedule 2 to the Broadcasting Services Act 1992 .
"datacaster" means a person who holds a datacasting licence (within the meaning of the Broadcasting Services Act 1992 ).
"SBS" has the same meaning as in the Special Broadcasting Service Act 1991 .