Australian Capital Territory Current Regulations

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PUBLIC HEALTH REGULATION 2000 - REG 51

Sale of injurious drugs, articles and apparatus

    (1)     This section applies to the advertising or supply of—

        (a)     a drug; or

        (b)     an article or apparatus claimed to relieve human suffering or to cure, overcome or alleviate any physical defect.

    (2)     The Minister may prohibit the advertising or supply of a drug, article or apparatus that the Minister believes is injurious to life or health or is useless for the advertised purpose.

    (3)     A prohibition under subsection (2) is a disallowable instrument.

Note      A disallowable instrument must be notified, and presented to the Legislative Assembly, under the href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act

.

    (4)     If the Minister proposes to prohibit the advertising or supply of a drug or thing, the Minister must give prior written notice of the proposal to any person known to the Minister who manufactures, imports, distributes or supplies the drug or thing inviting the person to give a written objection to the Minister (stating the reasons for objection) within a specified period of not less than 28 days after receiving the notice.

    (5)     In deciding whether to prohibit the advertising or supply of a drug or thing, the Minister must consider any objection given as invited under subsection (4).

    (6)     If the advertising or supply of a drug or thing is prohibited under subsection (2), a person must not—

        (a)     advertise or supply the drug or thing; or

        (b)     publish an advertisement for the drug or thing.

Maximum penalty: 10 penalty units.



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