6Advertisements to which this Code does not apply

6 Advertisements to which this Code does not apply

(1) This Code does not apply to an advertisement that is: (a) directed exclusively to a person mentioned in section 42AA of the Act; or (b) part of, or otherwise comprises, a public health campaign; or

(c) made in accordance with the Therapeutic Goods (Restricted Representations—COVID-19 Vaccines) Permission 2022 made under section 42DK of the Act, as in force or existing on 20 December 2022.

Note: The Therapeutic Goods (Restricted Representations—COVID-19 Vaccines) Permission 2022 is published on the Department’s website at www.tga.gov.au.

Price information (2) This Code, other than Part 9, does not apply to an advertisement about therapeutic goods that only contains price information about medicines that are registered goods and contain a substance included in Schedule 3, 4 or 8 to the current Poisons Standard (but not a substance that is included in Appendix H of the current Poisons Standard). Genuine news (3) This Code does not apply to genuine news that is broadcast or published in any medium by: (a) a broadcaster; or (b) a datacaster; or (c) the SBS; or (d) a person of a kind prescribed by the Regulations for the purposes of paragraphs 42DLB(10)(a) or 42DMA(2)(a) of the Act.

Note 1: Subsections 42DLB(11) and 42DMA(3) of the Act, define broadcaster, datacaster and SBS as follows:

Note: broadcaster has the meaning given by clause 3 of Schedule 2 to the Broadcasting Services Act 1992.

Note: datacaster means a person who holds a datacasting licence (within the meaning of the Broadcasting Services Act 1992).

Note: SBS has the same meaning as in the Special Broadcasting Service Act 1991.

Note 2: For the purposes of paragraphs 42DLB(10)(a) and 42DMA(2)(a) of the Act, regulation 7A of the Regulations prescribes a publisher of a print edition of a newspaper or magazine that is or was available to the public by way of purchase in Australia.