Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act:
"Australia" , when used in a geographical sense, includes the external Territories.
"Australian" means an Australian citizen or a permanent resident.
"Australian territory" has the meaning given by section 12 of the Biosecurity Act 2015 .
"biological agents" includes:
(a) bacteria and viruses; and
(b) toxins derived from biological sources, including animals, plants and microbes.
"coronial inquiry" means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, or of a State or Territory.
"disease" means an illness or medical condition (other than an injury), irrespective of origin or source, that presents or could present significant harm to humans.
"dispose of" a biological agent means the transfer or destruction of the biological agent.
"emergency maintenance" of a facility has the meaning given by subsection 55AA(1).
"emergency maintenance period" for an emergency maintenance report has the meaning given by section 55AB.
"emergency maintenance report" for a facility has the meaning given by subsection 55AA(2).
"enactment" means:
(a) an Act of the Commonwealth, a State or a Territory; or
(b) an instrument (including rules, regulations and by - laws) made under an Act of the Commonwealth, a State or a Territory.
"entity" means any of the following:
(a) an individual;
(b) a body corporate;
(c) an agency or instrumentality of the Commonwealth, a State or a Territory.
"event" , for the purposes of Part 2, means:
(a) an occurrence of disease, injury or death; or
(b) an occurrence, including the release of a chemical, biological or radiological agent, that creates the potential for disease, injury or death.
"evidential material" means any of the following:
(a) a thing with respect to which an offence against Part 3 of this Act, or the Crimes (Biological Weapons) Act 1976 , has been committed or is suspected, on reasonable grounds, to have been committed;
(b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence;
(c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing any such offence.
"exempt entity" has the meaning given by section 40.
"facility" includes:
(a) a building, or part of a building; and
(b) a laboratory (including a mobile laboratory).
"handling" a biological agent includes:
(a) receiving, holding, using and storing the biological agent; and
(b) any operation incidental to, or arising out of, any of those operations.
Note 1: Subsection 39(2) affects when an entity is treated for the purposes of Division 5 of Part 3 as handling a security - sensitive biological agent that is a toxin.
Note 2: An entity that handles a biological agent only for the purpose of transporting it from one place to another place is exempt from the requirements of Division 5 of Part 3: see subsection 40(1).
"inspector" means a person appointed as an inspector under section 63.
"intelligence agency" means a Commonwealth government agency that has responsibility for intelligence gathering or security.
"International Health Regulations" means the International Health Regulations 2005, done at Geneva on 23 May 2005, as in force for Australia from time to time.
Note: In 2007, the text of the International Health Regulations was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
"legitimate purpose" , for an entity to handle a security - sensitive biological agent, has the meaning given by section 41.
"listed human disease" has the meaning given by section 42 of the Biosecurity Act 2015 .
"List of Security-sensitive Biological Agents" means the list established under section 31, as the list is in force from time to time.
"monitoring warrant" means a warrant issued under section 69.
"National Focal Point" has the meaning given by section 9.
"National Health Security Agreement" means the agreement entered into by the Minister under section 7, as the Agreement is in force from time to time.
"National Notifiable Disease List" means the list established under section 11, as the list is in force from time to time.
"National Register" means the National Register of Security - sensitive Biological Agents established under section 36, as the National Register is in force from time to time.
"offence-related powers" has the meaning given by section 70A.
"offence-related warrant" means:
(a) a warrant issued by a magistrate under section 70M; or
(b) a warrant signed by a magistrate under section 70N.
"overseas mass casualty" means an event occurring overseas, if:
(a) more than one person (whether an Australian or otherwise):
(i) is affected by a disease, or is injured or dies; and
(ii) needs to be repatriated, identified or treated, or needs to be brought to Australia for treatment; and
(b) a responsible Commonwealth, State or Territory body is involved in responding to the event.
"permanent resident" means a person who is, within the meaning of the Migration Act 1958 , the holder of a permanent visa.
"permissible purpose" has the meaning given by section 8.
"personal information" has the same meaning as in the Privacy Act 1988 .
"person assisting" an inspector has the meaning given by section 70B.
"premises" includes the following:
(a) a facility;
(b) a place (including an area of land);
(c) any part of premises (including premises referred to in paragraphs (a) and (b)).
"protected information" :
(a) for the purposes of Part 2--has the meaning given by section 18; and
(b) for the purposes of Part 3--has the meaning given by section 84.
"public health event of national significance" means any of the following events:
(a) one or more cases or potential cases of a disease listed on the National Notifiable Disease List;
(b) an urgent event;
(c) an overseas mass casualty;
(ca) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force--an emergency to which the declaration relates, if the emergency relates to public health;
(d) a public health risk (other than an event covered by paragraph (a), (b), (c) or (ca)).
"public health observation" means the monitoring of the health of a person for the purposes of determining the risk of transmission of a disease.
"public health risk" means an event:
(a) that might adversely affect the health of human populations; and
(b) that satisfies any one or more of the following conditions:
(i) the health effects of the event might spread within Australia;
(ii) the health effects of the event might spread between Australia and another country;
(iii) the health effects of the event might spread between 2 other countries;
(iv) the event might present a serious and direct danger.
"register" an entity means include the entity on the National Register in relation to one or more security - sensitive biological agents handled by the entity at one or more facilities.
"registered entity" means an entity that is registered under section 44 or 47.
"reportable event" means an event referred to in subsection 48(1).
"reportable quantity" , in relation to a toxin included in the List of Security - sensitive Biological Agents, means the quantity (if any) specified in the list as the reportable quantity of that toxin.
"responsible Commonwealth, State or Territory body" , when used in a provision of Part 2, means a body that is determined under subsection (2) to be a responsible Commonwealth, State or Territory body for the purposes of the provision of Part 2.
"reviewable decision" , for the purposes of Division 8 of Part 3, has the meaning given by section 80.
"sample" of a biological agent includes:
(a) a subculture of the agent; and
(b) a preparation made from the agent.
"Secretary" means the Secretary of the Department.
"security-sensitive biological agent" means a biological agent that is included in the List of Security - sensitive Biological Agents.
"SSBA" means security - sensitive biological agent.
"SSBA Standards" means the standards determined by the Minister under section 35.
"State or Territory Health Minister" means:
(a) the Minister of a State; or
(b) the Minister of the Australian Capital Territory; or
(c) the Minister of the Northern Territory;
who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be.
"State Party" means a State that is a signatory to the International Health Regulations.
"temporary handling disposal report" for a sample of a security - sensitive biological agent has the meaning given by subsection 60AD(2).
"temporary handling period" for a sample of a security - sensitive biological agent has the meaning given by section 60AB.
"temporary handling report" for a sample of a security - sensitive biological agent has the meaning given by subsection 60AA(1).
"temporary handling Standard" has the meaning given by section 60AJ.
"traveller" means a person undertaking a voyage in which the person enters, or will enter, a country other than the country from which the person began the voyage.
"urgent event" means an event:
(a) that causes, or creates the potential for, levels of disease, injury or death above the levels that would otherwise be expected for the time and place where the event occurs; and
(b) in respect of which any of the following applies:
(i) the event has or might have a serious impact on public health;
(ii) in the case of a disease--the event is unusual or unexpected, and has a high potential to spread (whether within Australia or between Australia and another country);
(iii) otherwise--the event is unusual or unexpected, and the health effects of the event have a high potential to spread (whether within Australia or between Australia and another country).
Note 1: For examples of events that might have a serious impact on public health, see the examples under question I of Annex 2 of the International Health Regulations ("Is the public health impact of the event serious?").
Note 2: For examples of events that are unusual or unexpected, see the examples under question II of Annex 2 of the International Health Regulations ("Is the event unusual or unexpected?").
(2) The Minister may, by legislative instrument, determine any of the following bodies to be a responsible Commonwealth, State or Territory body for the purposes of a provision of Part 2:
(a) one or more bodies of the Commonwealth;
(b) one or more bodies, nominated by a State or Territory Health Minister, of each State, the Australian Capital Territory and the Northern Territory.