AHPRA & TGA · The 2026 rulebook
Advertising your aesthetic clinic legally in Australia
Almost every “AHPRA compliant marketing” guide online is written by an agency or a law firm working the rules from the outside, and most are quietly out of date. They still tell you to swap “Botox” for “anti-wrinkle injections”. They still quote $5,000 penalties. They still tell you the testimonial ban means no reviews at all. All three are wrong now.
I ran my own aesthetic clinic’s marketing through both of the shifts that broke that advice: the TGA’s March 2024 tightening on injectable language, and AHPRA’s September 2025 non-surgical regime. I had to rewrite my own price menu, clean my own Instagram, and rebuild my own booking flow. This is the current rulebook, in plain English, with every rule traced to the regulator. Last reviewed 14 June 2026.
This is general information for clinic owners, not legal advice. The rules change, and the regulators are the final word. Verify any specific wording against the primary AHPRA and TGA sources linked throughout, and get advice from a health-law specialist before you rely on it.
On this page
Two regulators, one breach
Two bodies govern how you advertise. AHPRA governs you: the practitioner, how you promote the service, and the before-and-after rules. The TGA governs the product: the injectable itself and whether you can advertise it at all.
The real-world breach almost always happens at the intersection. A post can be fine under AHPRA and illegal under the TGA, or the other way around. Content that only covers one regulator leaves you exposed on the other. That’s the gap this page closes.
AHPRA
The AHPRA rules
These come from the National Law and AHPRA’s guideline for advertising a regulated health service. They apply to every aesthetic clinic, injectables or not.
Section 133 bans five things, and it binds the business, not just the injector.
Every ad for a regulated health service must avoid five things: being false or misleading; offering a gift, discount or inducement without stating the terms; using testimonials; creating an unreasonable expectation of benefit; and encouraging unnecessary or indiscriminate use. The law applies to whoever controls the content. Your clinic entity carries the responsibility, not only the practitioner.
Source: National Law s133The testimonial ban only covers the clinical side. Non-clinical feedback is allowed.
A banned testimonial is praise about the clinical part: the reason for treatment, the treatment itself, or the outcome and skill of the practitioner. Feedback about the non-clinical experience is fine. “The team explained everything and booking was easy” is allowed. “She fixed my jawline, amazing results” is not. Most clinics bin every review. You don’t have to.
Source: AHPRA advertising guideline 4.3You “use” a testimonial by interacting with it, not just by posting it.
Liking, replying to, screenshotting, re-sharing to your Story, or embedding a patient’s clinical praise all count as using a testimonial. You are not responsible for a review a patient leaves on a platform you don’t control, like Google. But the moment you touch it, it becomes yours. AHPRA recommends disabling reviews, comments and tagging on your own pages.
Source: AHPRA higher-risk cosmetic guidelineAdvertising is misleading if it gives the wrong overall impression, including by omission.
AHPRA judges the whole impression, not just literal accuracy. Leaving out material information, overstating effectiveness, or using words like “safe”, “effective”, “risk-free” or “pain-free” without acknowledging risks all count. A single before-and-after with no controls is explicitly not acceptable evidence for an effectiveness claim.
Source: AHPRA advertising guideline 4.1Every gift, discount or inducement must show its terms, and they must be easy to find.
Your “$199 special”, “free consult” or refer-a-friend offer legally needs visible terms: expiry, eligibility, age limits, what’s included. The public should not have to hunt for them or contact you to ask. Omitting the restrictions is a cited example of non-compliance, and it’s one of the fastest things to fix today.
Source: AHPRA advertising guideline 4.2Don’t manufacture urgency around someone’s health.
“Don’t delay”, “act now before it’s too late”, or prizes and bonuses that push a service someone doesn’t clinically need fall foul of the rule against encouraging indiscriminate or unnecessary use. The test: are you driving demand for something the person doesn’t actually need?
Source: AHPRA advertising guideline 4.5Protected titles are law. A cosmetic nurse is not a “specialist”. A GP is not a “surgeon”.
Only practitioners with specialist surgical registration may use “surgeon”, including “cosmetic surgeon”. Implying a specialist registration you don’t hold breaches title protection. State the real role: RN, NP, GP. Don’t dress it up.
Source: AHPRA advertising guideline 4.1.4The penalties are current and steep: $60,000 per offence for an individual, $120,000 for a company.
If you’ve read a blog quoting $5,000 or $10,000, it’s out of date by roughly twelve times. On top of the fine, a breach can be treated as unsatisfactory professional conduct or professional misconduct, which puts registration at risk.
Source: National Law s133 penaltyEffective 2 September 2025
The non-surgical regime
A separate, stricter guideline for higher-risk non-surgical procedures took effect 2 September 2025. It binds all registered health practitioners, not just doctors. If your injectable advertising was built before this, assume it’s behind.
There are two cosmetic regimes with different start dates. Don’t confuse them.
The cosmetic surgery advertising guidelines (registered medical practitioners only) took effect 1 July 2023. The separate, stricter higher-risk non-surgical guideline took effect 2 September 2025 and binds all registered health practitioners, nurses and dentists included. If your injectable advertising was built to the 2023 surgery standard, it’s now behind.
Source: AHPRA news, 2 Sep 2025Before-and-after images for higher-risk procedures have strict, checkable conditions.
Genuine actual patients of that practitioner who had that procedure. No filters, retouching or enhancement. A prominent warning that outcomes are only relevant for that patient. The “after” must not be the most prominent or first image, so lead with the “before” or a composite. State how long after the image was taken. Never use images of anyone under 18.
Source: AHPRA higher-risk cosmetic guidelineNo idealising or sexualising, and no grandiose titles.
Banned imagery includes sexualised poses, lingerie, oiled bodies and lifestyle shots like poolside or bedroom. Banned language includes “barbie”, “doll-maker” and “perfect”, plus practitioner puffery like “artist”, “sculptor”, “magic hands”, “master” or “world’s best”. The injectables-as-art branding all over Instagram is squarely targeted.
Source: AHPRA higher-risk cosmetic guidelineYou can’t target under-18s, and higher-risk ads on social must be flagged “adult content”.
Advertising must not be aimed at or designed to appeal to people under 18, and you can’t use images of under-18s. On social media, higher-risk cosmetic ads must be classified as adult content, which is a concrete setup step for Instagram, TikTok and Meta. A seven-day cooling-off period also applies for under-18 patients.
Source: AHPRA news, 2 Sep 2025If you use an influencer or an agency, you carry the liability with them.
You are responsible for content delivered by influencers, ambassadors and creators you work with, and it must comply, testimonial ban included. Liability can sit with more than one party, including your marketing agency. Make compliance a written expectation with anyone producing your content.
Source: AHPRA higher-risk cosmetic guidelineTGA
The injectable rules
These apply the moment a prescription-only good is involved, which covers most injectables. This is where the stale advice does the most damage.
Most cosmetic injectables are Schedule 4, and you can’t advertise them to the public at all.
Most injectables contain a prescription-only substance, and prescription-only medicines can’t be advertised to the public. The product itself is off-limits to the public. Every injectable rule below follows from that one fact.
Source: TGA cosmetic injectables FAQYou can’t name the brand or substance, including nicknames, abbreviations and hashtags.
No direct or indirect reference to a prescription-only substance or trade name. That catches “#botox”, “tox”, “baby botox” and sly abbreviations. If a reasonable consumer would connect it to the prescription medicine, it’s a breach.
Source: TGA cosmetic injectables FAQThe “safe” workaround is no longer safe. “Anti-wrinkle injections” and “dermal fillers” were tightened on 7 March 2024.
This is the single biggest piece of stale advice on the Australian web. For years the fix was to swap “Botox” for “anti-wrinkle injections” or “dermal fillers”. Since the TGA’s 7 March 2024 tightening, those generic terms are no longer expressly permitted where a reasonable consumer reads them as promoting a prescription medicine. If your site or price menu still uses them, your “compliant” wording is the breach.
Source: TGA media release, 7 Mar 2024Advertise the consultation and the concern, not the treatment or the product.
The compliant reframe is to promote the type of consultation you offer and the concern it addresses. The TGA’s own example: “call our clinic for a consultation to discuss treatment options for migraine.” So instead of pricing a named injectable, you describe the concern, like frown lines or facial ageing, and invite a consultation.
Source: TGA cosmetic injectables FAQDon’t publish injectable prices, per unit or total.
Stating a price for a prescription-only injectable is treated as advertising the product. The only price-list exemption is for retail pharmacies, which a cosmetic clinic won’t meet. “$12 a unit” or “full face $600” is one of the most common live breaches sitting on clinic sites right now.
Source: TGA cosmetic injectables FAQYour online booking system can be the breach.
A public booking form that lets a client self-select a specific prescription-only injectable, or that shows its price, is itself likely an advertisement for the product. Almost no clinic checks the booking widget. Fix the booking flow, not just the homepage.
Source: TGA cosmetic injectables FAQHistorical posts aren’t grandfathered, and you’re responsible for comments and tags.
Old posts naming a brand or carrying “#botox” must be cleaned up retroactively. You’re also responsible for comments and tags on pages you control. For posts you don’t control, the TGA suggests posting corrective info and removing identifying factors like hashtags.
Source: TGA cosmetic injectables FAQKnow what you can still market. Energy-based and non-scheduled treatments are far safer ground.
Banned from public advertising: Schedule 4 injectables, including botulinum toxin, most fillers, Sculptra and Profhilo. Generally advertisable if they contain no scheduled substance: Rejuran, PDO threads, PRP, bio-remodellers and monothreads. Energy-based devices like laser, ultrasound and radiofrequency can generally be advertised, subject to ARTG and the Advertising Code.
Source: TGA cosmetic injectables FAQAn “education only” disclaimer doesn’t cure a promotional post.
Genuinely factual, balanced, non-promotional content is unlikely to be advertising. But the moment it also promotes use, it can’t name prescription goods, even generically. Slapping “for education purposes only” on a promotional post does not discharge your obligation. The label doesn’t change what the content does.
Source: TGA cosmetic injectables FAQThe safe ground
What you can do
The rules look like they shut everything down. They don’t. They move you off the product and onto the consultation, the concern, and the parts of your clinic you’re allowed to be proud of out loud.
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Advertise the consultation and the concern it addresses, not the named treatment or its price.
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Use non-clinical reviews: clean clinic, friendly team, easy booking, clear communication.
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Lead before-and-after galleries with the “before” or a composite, with a results-may-vary warning.
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Put easy-to-find terms on every offer: expiry, eligibility, what’s included.
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Market your energy-based and non-scheduled treatments, where the rules are far more permissive.
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Disable reviews, comments and tagging on your own social pages to avoid “using” a clinical testimonial.
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State each practitioner’s actual role and registration. No borrowed titles.
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Date your compliance. The rules moved twice in 18 months, so keep a last-reviewed playbook.
Common questions
The things clinic owners ask
Can I still use the words “anti-wrinkle injections” or “dermal fillers” on my website?
Not safely. Since the TGA’s 7 March 2024 tightening, those generic terms are no longer expressly permitted where a reasonable consumer reads them as promoting a prescription-only medicine, which is exactly how they’re used on most clinic sites. The test is consumer take-out in context, so they’re not banned in every possible use, but anywhere they point to the Schedule 4 product they’re unsafe. The compliant move is to advertise the consultation and the concern, not the treatment or product.
Does the testimonial ban mean I can’t use any reviews?
No, and this is the most over-restrictive myth out there. The ban only covers the clinical aspects: the reason for treatment, the treatment itself, or the outcome and skill of the practitioner. Feedback about the non-clinical experience, like a clean clinic, friendly reception, easy booking or clear communication, is not a testimonial and is allowed.
A patient left a glowing 5-star Google review about their results. Am I in trouble?
Not for the review itself. You don’t control Google, and you’re not responsible for what patients post on third-party platforms. But don’t interact with it. The moment you like it, reply, screenshot it, or embed it on your site, you’ve “used” a clinical testimonial and that’s your breach. AHPRA recommends disabling reviews, comments and tagging on your own pages.
What are the actual penalties if I get this wrong?
Under the National Law, the maximum is $60,000 per offence for an individual and $120,000 for a company, not the old $5,000 or $10,000 figures. A breach can also be treated as unsatisfactory professional conduct or professional misconduct, which puts registration at risk. On the TGA side, breaches are pursued as both criminal and civil penalties, and the TGA has issued real infringement notices to individuals over cosmetic injectables.
Can I show before-and-after photos?
Yes, but they have to clear two regulators at once. Under AHPRA: genuine actual patients of that practitioner who had that procedure, no filters or editing, a prominent warning that outcomes are only relevant for that patient, the “after” not the most prominent image, and a note of how long after. Never use images of under-18s. Under the TGA: the photos must not reference, directly or indirectly, the prescription-only substance used.
Can I publish my injectable prices, even just per unit?
No. Stating a price for a prescription-only injectable, per unit or total, is itself treated as advertising the product. The only price-list exemption is for retail pharmacies, which a cosmetic clinic won’t meet. This is one of the most common live breaches on clinic websites right now.
My online booking system lists treatments and prices. Is that a problem?
It can be the breach all on its own. A public booking system that lets a client self-select a specific prescription-only injectable, or that displays its price, is likely an unlawful advertisement for that product. Fix the booking flow, not just the homepage. Most clinics never think to check it.
Do these rules apply to me if I’m a nurse, not a doctor?
Yes. The higher-risk non-surgical advertising guideline, effective 2 September 2025, binds all registered health practitioners, nurses and dentists included, not just doctors. The earlier 2023 regime was cosmetic-surgery-specific and applied to registered medical practitioners.
Does an “education only” disclaimer let me name the product?
No. Genuinely factual, balanced, non-promotional content is unlikely to be advertising, but the moment it also promotes use it can’t name prescription-only goods, even generically. A “for education purposes only” label does not discharge your obligation to comply.
Which products can I still advertise to the public?
Generally advertisable, if they contain no scheduled substance: Rejuran and PDO threads (PDO needs ARTG inclusion), plus PRP, bio-remodellers and monothreads. Energy-based devices, laser, ultrasound and radiofrequency, can generally be advertised, subject to ARTG and the Advertising Code. Banned from public advertising: Schedule 4 injectables, which includes botulinum toxin, most fillers, Sculptra and Profhilo.
Is this a new law I can wait out until enforcement settles down?
No. The legislation didn’t change in March 2024. The TGA’s enforcement interpretation did. There’s nothing to wait out. AHPRA layered a stricter non-surgical regime on top from September 2025, and both regulators are actively auditing and issuing penalties. The direction of travel is tighter, not looser.
I build clinic marketing inside these rules by default.
Compliance isn’t a constraint I work around. It’s built into how the machine runs, because I had to learn it as an operator, not bolt it on as an agency. Start with the scorecard and find out where your calendar is breaking down.
Take the ScorecardPrimary sources
- Health Practitioner Regulation National Law, Section 133
- AHPRA — Guidelines for advertising a regulated health service
- AHPRA — Advertising higher-risk non-surgical cosmetic procedures
- AHPRA news — New guidelines for cosmetic procedures (2 Sep 2025)
- TGA — Advertising health services and cosmetic injections (FAQ)
- TGA media release — Referring to cosmetic injectables in advertising (7 Mar 2024)