Australian Capital Territory Numbered Regulations

PUBLIC HEALTH REGULATIONS 2000 (2000 NO 1) - REG 51

(1)     This regulation 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, by instrument, prohibit the advertising or supply of a drug, article or apparatus that the Minister believes is injurious to life or health or which is useless for the advertised purpose.

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

(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 subregulation (4).

(6)     If the advertising or supply of a drug or thing is prohibited under subregulation (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.

(7)     Subregulation (6) does not apply to—

        (a)     the advertisement of drugs in genuine trade journals; or

        (b)     advertisements consisting of price lists provided by manufacturers to the retail trades only; or

        (c)     the supply of drugs by prescription or order, signed by a doctor; or

        (d)     the supply of drugs by a doctor to his or her patient or a person acting on behalf of such a patient.