Therapeutic Goods and Cosmetics (Amendment) Act 1974 (NSW)

THERAPEUTIC GOODS AND COSMETICS

(AMENDMENT) ACT.

ôutf) Males;

ANNO VICESIMO TERTIO

ELIZABETHiE TI REGINiE

Act No. 69, 1974.

An Act to make further provisions with respect to the advertising of therapeutic goods, cosmetics and articles of food; for this purpose to amend the Therapeutic Goods and Cosmetics Act, 1972; and for purposes connected therewith. [Assented to, 22nd October, 1974.]

Therapeutic Goods and Cosmetics {Amendment).

No. 69, 1974 T3E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parhament assembled, and by the authority of the same, as follows:—

Short title. 1. This Act may be cited as the “Therapeutic Goods and

Cosmetics (Amendment) Act, 1974”.

Commence- 2. (1) Except as provided in subsection (2), this Act

shall commence on the date of assent to this Act.

(2) Section 4 shall commence on such day as may

be appointed by the Governor in respect thereof and as may

be notified by proclamation published in the Gazette.

Amendment

of Act No. 3. The Therapeutic Goods and Cosmetics Act, 1972, is

14,1972.	amended—
Sec. 4.

(Interpre­ (a) by inserting in the definition of “advertisement”

tation.)

in section 4 (1) after the word “sale” the words

“or use” ;

Sec. 28.	(b)	(i) by inserting in section 28 (1) after the words
(Order

prohibiting	“therapeutic goods,” the words “or a claim,
false or	if made in respect of a cosmetic,” ;
misleading

representa­ (ii) by inserting in section 28 (1) after the word

tions or	“representation” where secondly occurring the
names.)	words “or claim”;

(iii)   by inserting in section 28 (1) after the word “goods” where secondly occurring the words “or cosmetic”;

(iv)   by inserting in section 28 (2) after the word “goods” where firstly occurring the words “or cosmetic”;

(v)   by inserting in section 28 (2) after the word “goods” where secondly and thirdly occurring the words “or that cosmetic”.

1153;

Therapeutic Goods and Cosmetics {Amendment).

4. The Therapeutic Goods and Cosmetics Act, 1972, is No. 69 ,1974

further amended—

amendment of Act No,

(a) by omitting section 26 (1), (2), (3), (4) and p i - i • )j CC <

(5) and by inserting instead the following (Prohibition •

subsections :—

of certain

representa­

tions in

( 1 ) In this Part, “representation”, in relation advertise-

to any therapeutic goods or article of food, means a representation, whether express or implied, with respect to the use or consumption of those goods or that article for the purpose of or in connection with—

(a)	preventing, diagnosing, curing or alleviating a disease, ailment, defect or injury in m an;
(b)	influencing, inhibiting or modifying a physiological process in man;
(c)	testing the susceptibility of man to a disease or ailment; or
(d)	destroying or inhibiting any micro-organisms that may be harmful to man or animal.

(2) A person shall not publish an advertisement

in respect of—

(a)	any therapeutic goods or article of food if it contains a representation prescribed as a prohibited representation;
(b)	any prescribed therapeutic goods or pre­ scribed article of food if it contains a representation prescribed as a prohibited representation;
(c)	any prescribed therapeutic goods or pre­ scribed article of food unless it contains a representation prescribed as a required representation; or

(d)

P 57337—37

Therapeutic Goods and Cosmetics {Amendment).

Mo. 69, 1974 (d) any prescribed therapeutic goods or pre­ scribed article of food if it contains a representation other than a representation prescribed as a required representation under paragraph (c).

(3) A person shall not publish an advertisement in respect of any prescribed therapeutic goods.

(4) A person shall not publish an advertisement that contains any representation if the advertisement contains any comment, reference or explanation that expressly or impliedly contradicts, qualifies or modifies any representation prescribed for the purposes of subsection (2).

(5) The regulations may prescribe in relation to any prescribed therapeutic goods or prescribed article of food or all therapeutic goods or articles of food a representation for the purposes of sub­ section (2) (a), (b) and (c) notwithstanding that the regulations prescribe a representation in relation to those therapeutic goods or that article or those articles of food for the purposes of all other or another of those paragraphs.

(b) by omitting from section 26 (6) the words “one or two of this section” and by inserting instead the matter “ (2) or (3 )”.

FARRER