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Who must comply with the Therapeutic Goods Advertising Code?

The applicability test for Comply with the Therapeutic Goods Advertising Code (TGA), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Some businesses

Applies when the business has industry: Medical devices & therapeutic goods. Where the business has industry: Health practitioners or industry: Retail trade, check whether you advertise therapeutic goods.

What the obligation is

Advertising of therapeutic goods to consumers must comply with the TGA Advertising Code and prohibited representations.

Part 5-1 Therapeutic Goods Act 1989 and Therapeutic Goods Advertising Code 2021 govern advertising to consumers. Prohibited representations (e.g. cancer treatment claims) require pre-approval. Schedule 4 prescription medicines cannot be advertised. Penalties for non-compliance significantly enhanced 2021.

The applicability test

Applies when the business has industry: Medical devices & therapeutic goods. Where the business has industry: Health practitioners or industry: Retail trade, check whether you advertise therapeutic goods.

How the regulator frames it: Sponsors, advertisers, social media influencers promoting therapeutic goods.

What triggers it: Promoting therapeutic goods to consumers.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (1 of 35: yes; 2 of 35: only if a further fact applies; 32 of 35: no).

IndustryAnswer
Medical devices & therapeutic goodsYes
Health practitionersOnly if a further fact applies
Retail tradeOnly if a further fact applies
No32 other industries

Business structure and size

Structure does not change the answer in the 3 industries it can reach: for every structure the answer is "depends on size or structure".

Size does not change the answer in the 3 industries it can reach: at every size band the answer is "depends on size or structure".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in medical devices & therapeutic goods with 6–19 employees, turnover $1M–$3M: applies. Industry: Medical devices & therapeutic goods.
  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires industry: Medical devices & therapeutic goods.
  • Pty Ltd company in health practitioners with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you advertise therapeutic goods.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has industry: Health practitioners or industry: Retail trade. It then applies only if you advertise therapeutic goods. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Continuous.
Frequency
Ongoing
Evidence to keep
Advertising compliance check, internal approval workflow, influencer briefing.
Status
Current
Priority
High

Penalty for not complying

Maximum penalty: Civil penalty up to $1.82M (individuals), $18.2M (corporations); criminal liability for serious offences.

Criminal liability

Breaches can be prosecuted as criminal offences, not only civil contraventions.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Obligations with the same applicability test

If this obligation applies to you, so does this one: the engine uses the same rule for each.

What usually applies alongside it

Where it sits in the corpus

Rules Mate tracks 7 published obligations tagged "marketing", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 1 of those apply outright. This obligation is rated high priority and carries criminal liability, and is an ongoing duty.

Regulator, legislation and tools

Regulated by Therapeutic Goods Administration.

TGA: Regulator of therapeutic goods — medicines, medical devices, biologicals, and blood products. Administers the Therapeutic Goods Act and ARTG.

Therapeutic Goods Act 1989: Federal Therapeutic Goods Administration regime.

Free tools that help with this obligation:

Questions

Who must comply with the Therapeutic Goods Advertising Code?
Applies when the business has industry: Medical devices & therapeutic goods. Where the business has industry: Health practitioners or industry: Retail trade, check whether you advertise therapeutic goods.
Do sole traders need to comply with the Therapeutic Goods Advertising Code?
Depends on size or structure. Looking in the 3 industries it can reach and every size band, the engine's answer for a sole trader is: depends on size or structure.
Do businesses with 1–5 employees need to comply with the Therapeutic Goods Advertising Code?
Depends on size or structure (1–5 employees, turnover $100K–$1M).
When is "Comply with the Therapeutic Goods Advertising Code" due?
Continuous.

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.