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HEALTH (DRUGS AND POISONS) REGULATION 1996 - REG 292
Advertising of poisons
292 Advertising of poisons
(1) A person must not advertise, or cause someone else to advertise, a
substance that is or contains an S3 poison whether or not the poison is named
in the advertisement. Penalty— Maximum penalty—40 penalty units.
(2) Subsection (1) does not apply to— (a) an advertisement in a professional
or trade journal; or
(b) a price list, advertisement or promotional material
intended for circulation only in the dental, medical, pharmaceutical or
veterinary professions or the wholesale poison trade; or
(c) an S3 poison
that, under the current Poisons Standard, may be advertised; or
(d) a price
list that complies with the document called ‘Price Information Code of
Practice’, published by the Therapeutic Goods Administration, as in force
from time to time. Editor’s note— A copy of the Price Information Code of
Practice may be obtained from the Therapeutic Goods Administration’s
website.
(3) A person must not advertise, or cause someone else to
advertise, an offer to obtain or sell an S2, S 3 or S 7 poison unless the
person is endorsed under this regulation to sell the poison. Penalty—
Maximum penalty—40 penalty units.
(4) A person must not refer to an S9
poison in an advertisement. Penalty— Maximum penalty—40 penalty
units.
(5) Subsection (4) does not apply to— (a) a person who refers to
cannabis in an advertisement in connection with an approved clinical trial; or
(b) a person who refers to Cannabis sativa in an advertisement in connection
with an activity authorised under the Drugs Misuse Act 1986 , section 47 or 48
(1) .
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