Secretary may issue a public warning notice
42DY Secretary may issue a public warning notice
The Secretary may issue to the public a written notice containing a warning about therapeutic goods if:
the Secretary reasonably suspects that there has been a contravention of this Act or the regulations in relation to:
the advertising of the therapeutic goods; or
the dissemination of generic information about the therapeutic goods to the public or a section of the public; and
the Secretary is satisfied that it is in the public interest to issue the notice.
If:
the Secretary gives a person a notice (the substantiation notice) under subsection 42DR(1) or (2); and
the person fails to comply with the substantiation notice; and
the Secretary is satisfied that it is in the public interest to issue a notice under this subsection;
the Secretary may issue to the public a written notice containing a warning that the person has failed to comply with the substantiation notice, and specifying the matter to which the substantiation notice related.
Subsection (2) does not limit subsection (1).
A notice under this section is not a legislative instrument.
This provision refers to the regulations (the regulations
). Made under this Act:
- Therapeutic Goods (Medical Devices) Regulations 2002 · under s 63
- Therapeutic Goods Regulations 1990 · under s 63
5 more instruments made under this Act are listed on the Act’s overview.
This Act’s bill:Second reading speech
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