Therapeutic Goods Act 1989

If, in relation to the advertising of therapeutic goods, the Secretary is satisfied that there has been a contravention of this Act or the regulations, the Secretary may, in writing, direct a person apparently responsible for advertising the therapeutic goods, or for causing the advertising of the therapeutic goods, to do one or more of the following:

cease the advertisement;

make a retraction;

make a correction;

recover any advertisement that is still in circulation;

destroy the advertisement;

cease making a particular claim or representation made by the advertisement.

If, in relation to the dissemination of generic information about therapeutic goods to the public or a section of the public, the Secretary is satisfied that there has been a contravention of this Act or the regulations, the Secretary may, in writing, direct a person apparently responsible for the dissemination, or for causing the dissemination, to do one or more of the following:

withdraw the generic information;

make a retraction;

make a correction;

recover any generic information that is still in circulation;

destroy the generic information;

cease making a particular claim or representation made by the generic information.

A direction under subsection (1) or (2) may be subject to conditions specified in the direction.

Without limiting subsection (3), the conditions may relate to one or more of the following:

the period for doing a thing the subject of the direction;

in relation to the making of a retraction or correction, either or both of the following:

the form and manner of the retraction or correction;

the period for which the retraction or correction must be made publicly available;

the reporting to the Secretary of compliance with the direction.

A direction under subsection (1) or (2) is not a legislative instrument.

As soon as practicable after giving a direction under subsection (1) or (2), the Secretary must cause the direction to be published on the Department’s website.