Commonwealth Consolidated Acts

PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 54

Scope

  (1)   This section applies in relation to an e - cigarette product if:

  (a)   the product is a therapeutic good; and

  (b)   there is in force, under section   42DF of the Therapeutic Goods Act, an approval by the Secretary to use a restricted representation in relation to the product.

Exception

  (2)   An advertisement for the e - cigarette product does not constitute an e - cigarette advertisement to the extent that:

  (a)   the advertisement includes the use of the restricted representation; and

  (b)   use of the representation complies with any conditions imposed on the approval.

  (3)   Expressions used in this section that are defined for the purposes of the Therapeutic Goods Act have the same meaning in this section as they have in that Act.