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Do medical devices and therapeutic goods need to comply with the Therapeutic Goods Advertising Code?

A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.

Short answer: Yes

Yes. This obligation applies to medical devices and therapeutic goods whatever their structure or size. The deciding fact: Industry: Medical devices & therapeutic goods.

The obligation in brief

Comply with the Therapeutic Goods Advertising Code. Part 5-1 Therapeutic Goods Act 1989 and Therapeutic Goods Advertising Code 2021 govern advertising to consumers. g.

Trigger: Promoting therapeutic goods to consumers.

Why medical devices & therapeutic goods get a different answer

Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 32 of those industries the answer for "Comply with the Therapeutic Goods Advertising Code" is no. Medical devices & therapeutic goods is one of the 3 where the answer is different: yes.

The deciding fact for medical devices and therapeutic goods: Industry: Medical devices & therapeutic goods.

About the industry: Suppliers of therapeutic goods listed on the ARTG.

Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires industry: Medical devices & therapeutic goods).

Answer by business structure and size

Each cell is the engine's outcome for a business in medical devices & therapeutic goods with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.

"Comply with the Therapeutic Goods Advertising Code": outcome for medical devices and therapeutic goods by structure and size
StructureNo employees1–5 employees6–19 employees20–99 employees100–499 employees500+ employees
Sole traderYesYesYesYesYesYes
PartnershipYesYesYesYesYesYes
TrustYesYesYesYesYesYes
Pty Ltd companyYesYesYesYesYesYes
Public companyYesYesYesYesYesYes
Not-for-profit (unregistered)YesYesYesYesYesYes
Registered charityYesYesYesYesYesYes
Super fundYesYesYesYesYesYes
Foreign companyYesYesYesYesYesYes

What the obligation requires

When due
Continuous.
Evidence to keep
Advertising compliance check, internal approval workflow, influencer briefing.
Maximum penalty
Civil penalty up to $1.82M (individuals), $18.2M (corporations); criminal liability for serious offences
Regulator
TGA
Jurisdiction
Commonwealth (national)

Other obligations where medical devices & therapeutic goods differ from the norm

Other industries with a non-default answer

Questions

Do medical devices and therapeutic goods need to comply with the Therapeutic Goods Advertising Code?
Yes. This obligation applies to medical devices and therapeutic goods whatever their structure or size. The deciding fact: Industry: Medical devices & therapeutic goods.
Is the answer the same for every industry?
No. For 32 of the 35 industries Rules Mate maps, the answer is no. Medical devices & therapeutic goods is one of 3 industries with a different answer.

Related

Sources

Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.