Medicines, Poisons and Therapeutic Goods Act 2022
126Presumptions
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126 Presumptions
126 Presumptions
(1) This section applies to proceedings for a contravention of a provision of this Act or the regulations.
(2) Evidence that a substance or good is, for the purposes of supply or dispensing, represented as being or including a particular therapeutic good is prima facie evidence that the substance or good is or includes the particular therapeutic good.
(3) A substance or good is represented as being or including a particular therapeutic good for subsection (2) if —
(a) a name or description commonly used for the therapeutic good is also used for the substance or good, or
(b) the substance or good, or the container, is marked or labelled in the way that the therapeutic good or a thing including a therapeutic good, or the container, are required by the regulations to be marked or labelled, or
(c) the substance or good, or the container, is marked or labelled in another way to indicate it is, includes or may include the therapeutic good.
(4) In this section—
label includes to attach a tag, brand, mark or written statement to, or use a tag, brand, mark or written statement in connection with, a substance or good or a container or package containing the substance or good.