The government is now operating in accordance with the Guidance on Caretaker Conventions, pending the outcome of the 2025 federal election.
Purpose
Section 25 and Annexure 2 of the Code outline the rules around when and what samples can be included in an advertisement, or used as an advertisement, for therapeutic goods.
Samples are therapeutic goods given for free. The sample can be the advertisement or be offered in an advertisement. The advertisement must not contain, consist of or be an offer of a sample if any conditions in the Code, including Annexure 2, are not met.
Samples must be included on the ARTG or be excluded or exempt from the requirement to be included on the ARTG. The sample must be in a pack size that is accepted in relation to the ARTG entry.
The rules only apply to the offer of samples that are therapeutic goods.