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PUBLIC HEALTH (TOBACCO AND OTHER PRODUCTS) ACT 2023 - SECT 55

Exception--permitted use of restricted or prohibited representations under the Therapeutic Goods Act

Scope

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

  (a)   the product is a therapeutic good; and

  (b)   the Secretary has granted permission, under section   42DK of the Therapeutic Goods Act, to use one or more of the following in specified advertisements about the product:

  (i)   a specified restricted representation;

  (ii)   a specified prohibited representation;

  (iii)   another representation.

Exception

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

  (a)   the advertisement is of a kind specified in the permission; and

  (b)   the advertisement is or contains any of the following representations allowed by the permission:

  (i)   a specified restricted representation;

  (ii)   a specified prohibited representation;

  (iii)   another representation; and

  (c)   the advertisement complies with any conditions specified in the permission.

  (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.


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