59 Advertisements to contain true name of advertiser

(1)

Subject to subsection (2), no person shall publish, or cause or permit to be published, any medical advertisement that does not contain a statement of the true name of the person for whom or on whose behalf the advertisement is published, and the address of that person’s place of residence or business.

(2)

In the case of a body corporate, it shall be sufficient compliance with subsection (1) if, instead of the address of the body corporate’s place of business, the advertisement states the name of the place where the body corporate has its registered office, or, if it is not a registered company, other headquarters.

(3)

Any statement that is contained in any medical advertisement and purports to set forth the name of the person for whom or on whose behalf the advertisement is published, shall, until the contrary is proved, be sufficient evidence of the name of the person for whom or on whose behalf the advertisement has been published.

(4)

Nothing in this section applies to—

(a)

any medical advertisement that complies with any regulations made under this Act relating to the disclosure or otherwise of the name and address of the place of residence or business of the manufacturer or seller of the medicines of the description or medical devices of the kind advertised, or the agent of either of them; or

(b)

any medical advertisement relating to any description of medicines or any kind of medical devices in respect of which an exemption granted under or by virtue of this Act from the material provisions of any such regulations is for the time being in force.

(5)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who contravenes subsection (1).

Compare: 1969 No 7 s 9

Section 59(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).