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Therapeutic Goods (Restricted Representations - Commonwealth Health Campaigns) Permission 2018

This instrument has been repealed and replaced by Therapeutic Goods (Restricted Representations - Government Health Campaigns) Permission 2019.

I, Nicole McLay, as delegate of the Secretary of the Department of Health, make the following permission.

Dated 18 December 2018

Nicole McLay
Assistant Secretary
Regulatory Education and Compliance Branch
Health Products Regulation Group
Department of Health

Contents

  1. Name
  2. Commencement
  3. Authority
  4. Definitions
  5. Permission

Schedule 1 - Specifications: Restricted representations and conditions

1 Name

This instrument is the Therapeutic Goods (Restricted Representations - Commonwealth Health Campaigns) Permission 2018.

2 Commencement

  1. Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information

Column 1

Provisions

Column 2

Commencement

Column 3

Date/Details
1. The whole of this instrument 1 January 2019. 1 January 2019

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended lo deal with any later amendments of this instrument.

  1. Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3 Authority

This instrument is made under subsections 42DK(1) and 42DK(4) of the Therapeutic Goods Act 1989.

4 Definitions

Note: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:

  1. Therapeutic Goods Advertising Code; and
  2. therapeutic goods.

In this instrument:

Act means Therapeutic Goods Act 1989.

Commonwealth health campaign means a campaign about a public health matter that is conducted, approved or funded by the Commonwealth.

restricted representation has the same meaning as in section 42DD of the Act.

serious form of a disease means a serious form of a disease within the meaning of subsection 28(1) of the Therapeutic Goods Advertising Code.

5 Permission

For subsections 42DK(1) and 42DK(4) of the Act, in relation to each item, the restricted representations specified in column 2 of the table in Schedule 1 to this instrument are permitted to be used in an advertisement specified in column 3 of the table about the therapeutic goods specified in column 4 of the table, subject to the conditions (if any) specified in column 5 of the table.

Schedule 1 - Specifications: Restricted representations and conditions

Note: See section 5.

Column 1

Item

Column 2

Restricted representation

Column 3

Advertisement

Column 4

Therapeutic goods

Column 5

Condition
1

a representation that refers to one or more of the following serious forms of a disease:

  1. polio;
  2. influenza;
  3. whooping cough (pertussis);
  4. chicken pox (varicella);
  5. measles;
  6. Shingles (herpes zoster);
  7. Rubella (German measles);
  8. mumps;
  9. hepatitis a or b;
  10. diphtheria;
  11. tetanus;
  12. Haemophilus influenza (Hib);
  13. pneumococcal;
  14. rota virus
  15. Japanese encephalitis;
  16. rabies;
  17. tuberculosis;
  18. typhoid;
  19. yellow fever;
  20. cholera

an advertisement which is a Commonwealth health campaign that promotes the use of a therapeutic good in column 4

a vaccine for the prevention of a disease specified in column 2

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