Commonwealth Consolidated Acts

THERAPEUTIC GOODS ACT 1989 - SECT 42B

                   In this Part, unless the contrary intention appears:

"approval number" means the distinguishing number allocated to an approved advertisement by the Secretary under regulation 5J of the Therapeutic Goods Regulations.

"approved advertisement" means an advertisement:

                     (a)  approved under regulation 5G, or taken to be approved by the Secretary under subregulation 5H(2), or approved by the Minister on review under regulation 5M, of the Therapeutic Goods Regulations ; and

                     (b)  the approval of which has not been withdrawn.

"broadcaster" , in relation to an advertisement for therapeutic goods, means a person (other than a person who is required to enter those goods on the Register) who undertakes, as a business activity in its own right:

                     (a)  the broadcasting of the advertisement in broadcast media; or

                     (b)  the placement of the advertisement for such broadcasting.

"broadcast media" , in relation to an advertisement or generic information, means any means (other than a means declared in the regulations to be an exempted means) by which the information is disseminated electronically in a visible or audible form or a combination of such forms.

"generic information" , in relation to therapeutic goods, includes any statement, pictorial representation or design, however made, about the composition, properties or other characteristics of therapeutic goods, but does not include:

                     (a)  an advertisement about the goods; or

                     (b)  generic information included in an advertisement about the goods; or

                     (c)  bona fide news.

"mainstream media" means any magazine or newspaper for consumers containing a range of news, public interest items, advertorials, advertisements or competitions.

"prohibited representation" means a representation referred to in subsection 42DJ(1).

"publisher" , in relation to an advertisement for therapeutic goods, means a person (other than a person who is required to enter those goods on the Register) who undertakes, as a business activity in its own right:

                     (a)  the publishing of the advertisement in specified media other than broadcast media; or

                     (b)  the placement of the advertisement for such publication.

"publishing" , in relation to an advertisement, includes inserting material within the pages of an item of mainstream media.

"required representation" means a representation referred to in subsection 42DJ(2).

"restricted representation" means a representation referred to in section 42DD.

"specified media , in " relation to an advertisement or generic information, means:

                     (a)  mainstream media; or

                     (b)  broadcast media; or

                     (c)  cinematograph films; or

                     (d)  displays about goods, including posters:

                              (i)  in shopping malls (except inside an individual shop); and

                             (ii)  in or on public transport; and

                            (iii)  on billboards.

"visual broadcast media" means broadcast media that is intended to be viewed by its audience.