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THERAPEUTIC GOODS ACT 1989 - SECT 42DMA

Civil penalty--non-compliance with the Therapeutic Goods Advertising Code

             (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.

Exception

             (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 .



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