3. COMPLIANCE WITH, AND APPLICATION OF, THE CODE

All advertisements for therapeutic goods are subject to the Therapeutic Goods Act and Regulations, the Trade Practices Act and other relevant laws. Compliance with this Code does not exempt advertisements from the application of those laws.

3.1 Advertisements for therapeutic goods directed to consumers must comply with the Code.

3.2 Advertisements for therapeutic goods directed exclusively to healthcare professionals are governed by industry codes of practice and are not subject to this Code. (refer Appendix 2)

3.3 This Code does not apply to bona fide news, public interest or entertainment programs.

The conformity of an advertisement with this Code should be assessed in terms of its probable impact upon the reasonable person to whom the advertisement is directed.

Advertisements for therapeutic goods appearing in specified and broadcast media must be approved by the appropriate advertising services manager for compliance with the Code (refer Appendix 3) prior to publication or broadcast.

Other than:

(i) devices, and

(ii) advertisements for those therapeutic goods that may be advertised and which display only name, picture and/or price and /or point of sale, without therapeutic claims.

Appeals and complaints shall be dealt with as set out in Appendix 4.