Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The Secretary may issue to the public a written notice containing a warning about therapeutic goods if:
(a) the Secretary reasonably suspects that there has been a contravention of this Act or the regulations in relation to:
(i) the advertising of the therapeutic goods; or
(ii) the dissemination of generic information about the therapeutic goods to the public or a section of the public; and
(b) the Secretary is satisfied that it is in the public interest to issue the notice.
(2) If:
(a) the Secretary gives a person a notice (the substantiation notice ) under subsection 42DR(1) or (2); and
(b) the person fails to comply with the substantiation notice; and
(c) the Secretary is satisfied that it is in the public interest to issue a notice under this subsection;
the Secretary may issue to the public a written notice containing a warning that the person has failed to comply with the substantiation notice, and specifying the matter to which the substantiation notice related.
(3) Subsection (2) does not limit subsection (1).
(4) A notice under this section is not a legislative instrument.