(Subsection 3(4) refers)
Appeals and Complaints Mechanisms
Review of a decision not to approve an advertisement
In the event of an advertisement not gaining approval, a request to review the decision must be submitted to the Minister for Health & Ageing (refer Regulation 5M).
The request must be made within 30 days after notice of the decision.
For a decision not to approve a print media advertisement, the applicant must, at the same time, send a copy of the request to the Therapeutic Goods Advertising Code Council.
Complaints about advertisements (refer Part 6, Division 3 of the Therapeutic Goods Regulations)
A person may complain in writing to the Complaints Resolution Panel about an advertisement for a designated therapeutic good or therapeutic device that is published or inserted in specified media that the person believes to be in breach of the Therapeutic Goods Advertising Code (TGAC) or the Therapeutic Goods Act 1989 or Regulations (refer Regulation 42ZCAB).
Complaints about other advertisements must be directed to the appropriate industry association, i.e. CHC for complementary medicines and ASMI for non-complementary OTC medicines.