What happens if an advertisement or generic information is found to have breached the Code?
If the CRP decides that an advertisement or generic information has breached the Code, as part of its determination, the Panel may make request(s) of the advertisers/sponsors [Reg. 42ZCAI(1) and (2)]. The Panel has no power to impose penalties. If the request is not complied with within 14 days, the Panel may make recommendations to the Secretary who may order withdrawal of the advertisement (or generic information) or the publication of a retraction or correction. The Panel may also recommend that the Secretary order an advertiser not to repeat misrepresentations. In extreme cases, regulatory action to remove the product from the market may be necessary. When the decision-maker acts on a recommendation, the action can be challenged by ministerial review followed by an appeal to the Administrative Appeals Tribunal (AAT). Where a complaint is found not justified, the Panel makes no recommendation. There is, therefore, no process of appeal to the Secretary, the Minister or the Administra
