Therapeutic Goods Act 1989

This Part does not apply to advertisements directed exclusively to:

health practitioners; or

persons who, under a law of a State or internal Territory, are registered or licensed to practice in any of the following health professions:

chiropractic;

dental therapy, dental hygiene, dental prosthetics or oral health therapy;

osteopathy;

paramedicine; or

persons who are:

engaged in the business of wholesaling therapeutic goods; or

purchasing officers in hospitals; or

purchasing therapeutic goods on behalf of a registered charity; or

purchasing therapeutic goods on behalf of a government or government authority (including a foreign government or foreign government authority); or

purchasing officers, or practice managers, for a person mentioned in paragraph (a) or (aa) (other than a person in a retail pharmacy who, under a law of a State or internal Territory, is registered or licensed to practice in the health profession of pharmacy); or

herbalists, homoeopathic practitioners, naturopaths, nutritionists or practitioners of traditional Chinese medicine registered under a law of a State or Territory; or

a class of persons specified under subsection (1A).

The Minister may, by legislative instrument, specify a class of persons for the purposes of paragraph (1)(d).

This Part does not apply to advertisements directed exclusively to persons who are members of an Australian branch (however described) of one of the bodies prescribed for the purposes of this subsection.

For the purposes of subsection (2), a person is taken to be a member of an Australian branch of one of those bodies if, and only if, the person has the qualifications and training that are necessary or appropriate for membership of the relevant body.

This Part does not apply to advice or information given directly to a patient by a person referred to in paragraph (1)(a), (aa) or (c) or subsection (2) in the course of treatment of that patient.