6Application

6 Application

Subject to subsection (2), this instrument applies to the advertising of therapeutic goods.

Note: In subsection 3(1) of the Act, advertise is defined as follows:

Note: advertise, in relation to therapeutic goods, includes make any statement, pictorial representation or design that is intended, whether directly or indirectly, to promote the use or supply of the goods, including where the statement, pictorial representation or design:

(a) is on the label of the goods; or

(b) is on the package in which the goods are contained; or

(c) is on any material included with the package in which the goods are contained.

This instrument does not apply to an advertisement that:

(a) is directed exclusively to health professionals; or

(b) is part of, or otherwise comprises, a public health campaign; or

(c) is made in accordance with the Therapeutic Goods (Restricted Representations—COVID-19 Vaccines) Permission (No. 4) 2021 made under section 42DK of the Act, as in force or existing on 24 September 2021.

(d) is made in accordance with the Therapeutic Goods (Restricted Representations—HHD Group Pty Limited) (AZ) Permission 2021 made under section 42DK of the Act, as in force or existing on 24 August 2021.

Note 1: The Therapeutic Goods (Restricted Representations—COVID-19 Vaccines) Permission (No. 4) 2021 is published at www.tga.gov.au.

Note 2: The Therapeutic Goods (Restricted Representations—HHD Group Pty Limited) (AZ) Permission 2021 is published at www.tga.gov.au.

This instrument applies, in relation to a particular advertisement, by reference to its likely impact on a reasonable person to whom the advertisement is directed. In applying this instrument to an advertisement, the total presentation and context of the advertisement is to be taken into account. This instrument applies to any person who:

advertises, by any means, therapeutic goods; or

causes the advertising, by any means, of therapeutic goods.

However, this instrument does not apply to genuine news that is broadcast or published in any medium by a person mentioned in subsection (7). For subsection (6), the persons are a broadcaster, a datacaster, the SBS or a person of a kind prescribed by the Regulations for the purposes of paragraphs 42DLB(10)(a) or 42DMA(2)(a) of the Act.