Victorian Repealed Acts

This legislation has been repealed.

Medical Practice Act 1994 - SECT 64

Advertising

64. Advertising



(1) A person must not advertise a medical practice or medical or surgical
services in a manner which-

   (a)  is or is intended to be false, misleading or deceptive; or

   (b)  offers a discount, gift or other inducement to attract patients to a
        medical practitioner or medical practice unless the advertisement also
        sets out the terms and conditions of that offer; or

   (c)  refers to uses or quotes from testimonials or purported testimonials;
        or

   (d)  creates an unreasonable expectation of beneficial treatment.

Penalty: For a natural person 50 penalty units. For a body corporate 100
penalty units.

(2) If a body corporate contravenes sub-section (1), any person who is
concerned in or takes part in the management of that body corporate who was,
in any way, by act or omission, directly or indirectly, knowingly concerned in
or party to the commission of the offence also commits an offence under
sub-section (1) and is liable for the penalty applicable to a natural person
for that offence.

(3) A person who, in good faith, publishes or prints an advertisement which
contravenes sub-section (1) on behalf of another person, is not guilty of an
offence under that sub-section.



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(5) A person who advertises a medical practitioner's practice or a medical
practitioner's services in a manner otherwise than in compliance with this
section is guilty of a continuing offence and may be convicted in respect of
each day on which the offence continues.