National Security (Proprietary Medicines) Regulations (Amendment) (Cth)

STATUTORY RULES.

1943. No. 3.

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939–1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939–1940.

Dated this twelfth day of January, 1943

(SGD.) GOWRIE.)

Governor-General.

By His Excellency’s Command,

E.J. Holloway

for and on behalf of the Minister of

State for Defence.

 

Amendments of the National Security (Proprietary Medicines) Regulations.

Particulars of proprietary medicines to be furnished.

1. Regulation 4 of the National Security (Proprietary Medicines) Regulations is amended—

(a) by inserting, after sub-regulation (2.), the following sub-regulation:—

“(2a.) This regulation shall not apply with respect to any proprietary medicine which is prepared and sold according to the specifications for preparation and the standards of composition prescribed in the British Pharmacopoeia or the British Pharmaceutical Codex and is sold under the name under which it is described in the British Pharmacopoeia or the British Pharmaceutical Codex.”; and

(b) by omitting from paragraph (a)of sub-regulation (4.) the words “or the Pharmaceutical Codex issued by the General Council of Medical Education and Registration of the United Kingdom” and inserting in their stead the words “published under the direction of the General Council of Medical Education and Registration of the United Kingdom or the British Pharmaceutical Codex published by direction of the Council of the Pharmaceutical Society of Great Britain”

 

* Notified in the Commonwealth Gazette on , 1943.

  Statutory Rules 1942, No. 459.

 

Particulars of proprietary medicines not to be disclosed.

2. Regulation 5 of the National Security (Proprietary Medicines) Regulations is amended by omitting the words “The Director-General” and inserting in their stead the words “Any officer or employee engaged upon any duties connected with the administration of these Regulations shall not disclose any information furnished in pursuance of the last preceding regulation except, in the course of his duties, to the Director-General, and the Director-General”.

Restrictions, on advertisements of proprietary medicines.

3. Regulation 8 of the National Security (Proprietary Medicines) Regulations is amended—

(a) by omitting sub-regulation (1.) and inserting in its stead the following sub-regulations—

“(1.) A person shall not in order to promote the sale of any proprietary medicine, publish, or cause to be published, any advertisement of any kind which contains any matter other than—

(a) the trade name of the proprietary medicine;

(b)the claims made by the manufacturer, proprietor of, or the agent for, the proprietary medicine in respect of the hygienic or therapeutic action of the proprietary medicine, expressed in not more than thirty words;

(c) an illustration which is a representation of the proprietary medicine or of its container or label;

(d) directions for the use of the proprietary medicine which do not contain any direct or indirect reference to the hygienic or therapeutic action of the proprietary medicine;

(e) any words or statements which are required by the law of the Commonwealth or any State;

(f) the retail price of the proprietary medicine; and

(g)the name of the manufacturer, or proprietor, or distributor of the proprietary medicine and the address of his place of business.

“(1a.) A person shall not, by way of advertisement or otherwise, in order to promote the sale of any proprietary medicine, publish any statement which is false or likely to mislead in any material respect as to the nature or composition of the proprietary medicine or as to its efficacy for the prevention, cure or relief of any malady, ailment, infirmity or disorder affecting human beings, or for increasing height, increasing or reducing weight or increasing personality or reproductive capacity, as the case may be.”;

(b)by omitting from sub-regulations (2.) and (3.) the word “statement” (wherever occurring) and inserting in its stead the word “advertisement”;

(c) by inserting, after sub-regulation (3.), the following sub-regulation:—

“(3a.) A person shall not manufacture any poster for the purpose of promoting the sale of any proprietary medicine.”;

 

(d) by omitting paragraph (a) of sub-regulation (4.) and inserting in its stead the following paragraph:—

“(a) the word ‘advertisement’ includes—

(i) any words, illustrations or symbols which are—

(1) applied to the proprietary medicines themselves;

(2) applied to any container, covering, label or thing used in connexion with the proprietary medicines; or

(3) used in any manner likely to lead to the belief that they describe or designate the proprietary medicines; and

(ii) any document, book or paper containing any advertisement; and”;

(e) by omitting from paragraph (b)of that sub-regulation the words “a statement” and inserting in their stead the words “an advertisement”;

(f) by omitting from sub-regulation (5.) the word “statement” and inserting in its stead the word “advertising”;

(g)by inserting in that sub-regulation, after the word “surgical”, the word “, dental”; and

(h)by inserting in that sub-regulation, after the words “medical practitioners”, the word

“, dentists”.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.