Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 42DV

Advertisements

  (1)   If, in relation to the advertising of therapeutic goods, the Secretary is satisfied that there has been a contravention of this Act or the regulations, the Secretary may, in writing, direct a person apparently responsible for advertising the therapeutic goods, or for causing the advertising of the therapeutic goods, to do one or more of the following:

  (a)   cease the advertisement;

  (b)   make a retraction;

  (c)   make a correction;

  (d)   recover any advertisement that is still in circulation;

  (e)   destroy the advertisement;

  (f)   cease making a particular claim or representation made by the advertisement.

Generic information

  (2)   If, in relation to the dissemination of generic information about therapeutic goods to the public or a section of the public, the Secretary is satisfied that there has been a contravention of this Act or the regulations, the Secretary may, in writing, direct a person apparently responsible for the dissemination, or for causing the dissemination, to do one or more of the following:

  (a)   withdraw the generic information;

  (b)   make a retraction;

  (c)   make a correction;

  (d)   recover any generic information that is still in circulation;

  (e)   destroy the generic information;

  (f)   cease making a particular claim or representation made by the generic information.

Conditions

  (3)   A direction under subsection   (1) or (2) may be subject to conditions specified in the direction.

  (4)   Without limiting subsection   (3), the conditions may relate to one or more of the following:

  (a)   the period for doing a thing the subject of the direction;

  (b)   in relation to the making of a retraction or correction, either or both of the following:

  (i)   the form and manner of the retraction or correction;

  (ii)   the period for which the retraction or correction must be made publicly available;

  (c)   the reporting to the Secretary of compliance with the direction.

Direction not a legislative instrument

  (5)   A direction under subsection   (1) or (2) is not a legislative instrument.

Publication

  (6)   As soon as practicable after giving a direction under subsection   (1) or (2), the Secretary must cause the direction to be published on the Department's website.