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I, Nicole McLay, as delegate of the Secretary of the Department of Health, make the following permission.
Dated 20 December 2019
Nicole McLay
Assistant Secretary
Regulatory Education and Compliance Branch
Health Products Regulation Group
Department of Health
Contents
1 Name
This instrument is the Therapeutic Goods (Prohibited Representations - Government Health Campaigns) Permission 2019.
2 Commencement
- Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Provisions | Commencement | Date/Details |
| 1. The whole of this instrument | The day after this instrument is made. | 21 December 2019 |
Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.
- Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.
3 Authority
This instrument is made under subsection 42DK of the Therapeutic Goods Act 1989.
4 Definitions
Note: A number of expressions used in this instrument are defined in section 3 of the Act, including the following:
(a) Register;
(b) State; and
(c) therapeutic goods.
In this instrument:
Act means the Therapeutic Goods Act 1989.
Commonwealth health campaign means a campaign about a public health matter that is conducted, approved or funded by the Commonwealth.
State health campaign means a campaign about a public health matter that is conducted, approved or funded by a State.
Note: State is defined in section 3 of the Act as including the Australian Capital Territory and the Northern Territory.
prohibited representation has the same meaning as in subsection 42DJ(1) of the Act.
5 Permission
For subsection 42DK(3) of the Act, in relation to each item mentioned in the table in Schedule 1, the prohibited representations specified in column 2 are permitted to be used in the advertisements specified in column 3, about the therapeutic goods specified in column 4, subject to the conditions (if any) specified in column 5.
Repeals
Each instrument that is specified in Schedule 2 is repealed as set out in the applicable items in that Schedule.
Schedule 1 - Permission: restricted representation
Note: See section 5.
| Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
|---|---|---|---|---|
| Item | Restricted representation | Advertisement | Therapeutic goods | Condition |
| 1 | a representation regarding the prevention of the following sexually transmitted disease:
| an advertisement that is, or forms part of:
| a vaccine for the prevention of the following sexually transmitted disease:
| |
| 2 | a representation regarding the prevention of sexually transmitted diseases caused by the human papillomavirus, including:
| an advertisement that is, or forms part of:
| a vaccine for the prevention of the following sexually transmitted disease:
| |
| 3 | a representation regarding the prevention of neoplastic diseases caused by the human papillomavirus, including:
| an advertisement that is, or forms part of:
| a vaccine for the prevention of the following sexually transmitted disease:
|
Schedule 2 - Repeals
Note: See section 6.
Therapeutic Goods (Prohibited Representations - Commonwealth Health Campaigns) Permission 2018
1 The whole of the instrument
Repeal the instrument