Commonwealth Numbered Acts Commonwealth Numbered Acts
1 Subsection 42AC(2)
Omit "Section 42DC", substitute "Section 42DKB".
2 Section 42B (definition of restricted representation )
Omit "subsection 42DD(1)", substitute "section 42DD".
3 Section 42DA
Repeal the section, substitute:
The following is a simplified outline of this Division:
This Division has 2 kinds of application.
First, Part 2 of the Therapeutic Goods Regulations 1990 deals with the Secretary approving certain advertisements and it refers to provisions of this Division.
Second, the offences in Division 3A of this Part refer to provisions of this Division.
4 Section 42DC
Repeal the section.
5 Subsection 42DD(1)
Omit "(1)".
6 Subsection 42DD(1)
Omit "subsection", substitute "section".
7 At the end of subsection 42DD(1)
Add:
Note: Under subsection 42DL(1) it is an offence for a person to publish or broadcast an advertisement about therapeutic goods that contains a restricted representation, about those goods, the use of which has not been approved under subsection 42DF(1) or permitted under subsection 42DK(1).
8 Subsection 42DD(2)
Repeal the subsection.
9 Before section 42DL
Insert:
Division 3A -- Therapeutic goods advertisements for which an approval is not required
This Division applies to advertisements about therapeutic goods other than advertisements for which an approval is required under Part 2 of the Therapeutic Goods Regulations 1990 .
42DKB Certain representations not to be published or broadcast
(1) If a representation in an advertisement about therapeutic goods is false or misleading, the Secretary may, by notice given to the person apparently responsible for publishing or broadcasting the advertisement, prevent that person from publishing or broadcasting, or causing to be published or broadcast, an advertisement containing that representation (whether express or implied) about those goods.
(2) A notice under subsection (1) is not a legislative instrument.
10 Paragraph 42DL(1)(d)
Repeal the paragraph, substitute:
(d) that is in contravention of a notice referred to in section 42DKB that was given to the person; or
11 Paragraph 42DL(2)(b)
Repeal the paragraph, substitute:
(b) that the notice referred to in paragraph (1)(d) is a notice referred to in section 42DKB;
12 Saving and transitional
(1) A notice in force under section 42DC of the Therapeutic Goods Act 1989 immediately before the commencement of this item has effect, on and after that commencement, as if it were a notice given and in force under section 42DKB of that Act.
(2) Regulations in force for the purposes of subsection 42DD(1) of the Therapeutic Goods Act 1989 immediately before the commencement of this item continue in force on and after that commencement as if they were regulations in force for the purposes of section 42DD of that Act.