53Exception—exempt advertisements under the Therapeutic Goods Act

53 Exception—exempt advertisements under the Therapeutic Goods Act

(1) An advertisement for an e‑cigarette product does not constitute an e‑cigarette advertisement if: (a) the e‑cigarette product is a vaping good within the meaning of the Therapeutic Goods Act; and (b) Part 5‑1A of that Act (about regulation of advertising etc. for vaping goods) does not apply to the advertisement because of section 42DZA of that Act. (2) An advertisement for an e‑cigarette product does not constitute an e‑cigarette advertisement to the extent that: (a) the e‑cigarette product is a vaping good within the meaning of the Therapeutic Goods Act; and (b) an authorisation under section 42DZC of that Act is in force in relation to the advertising of that vaping good; and (c) the advertisement complies with any conditions specified in the authorisation.