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(Section 2 – Definitions – Healthcare Professional and Subsection 3(1)(b) refer)

Section 42AA of the Therapeutic Goods Act 1989

42AA  This Part not to apply to advertisements directed at health professionals etc.

        (1)    This Part does not apply to advertisements directed exclusively to:
                (a)    medical practitioners, psychologists, dentists, veterinary surgeons, pharmacists, physiotherapists, dietitians, scientists working in medical laboratories or nurses; or
                (b) persons who are:
                        (i)  engaged in the business of wholesaling therapeutic goods; or
                        (ii) purchasing officers in hospitals; or
                (c)    herbalists, homoeopathic practitioners, chiropractors, naturopaths, nutritionists, practitioners of traditional Chinese medicine, podiatrists or osteopaths Registered under a law of a State or Territory.

        (2)       This Part does not apply to advertisements directed exclusively to persons who are members of an Australian branch (however described) of one of the bodies prescribed for the purposes of this subsection.

        (3)       For the purposes of subsection (2), a person is taken to be a member of an Australian branch of one of those bodies if, and only if, the person has the qualifications and training that are necessary or appropriate for membership of the relevant body.

        (4)   This Part does not apply to advice or information given directly to a patient by a person referred to in paragraph (1)(a) or (c) or paragraph (2) above in the course of treatment of that patient.

Refer to Schedule 1 of the Regulations for a full list of bodies currently covered by subsection 42AA(2).

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