(1) The Minister must establish a list of biological agents that the Minister considers to be of security concern to Australia. The list is to be called the List of Security - sensitive Biological Agents.
(2) Without limiting subsection (1), the Minister may consider a biological agent to be of security concern to Australia if the biological agent could be developed, produced, stockpiled, acquired or retained in types and quantities that could allow the biological agent to be used as a weapon.
(3) If the Minister includes a toxin in the list, the Minister may also specify in the list a quantity (the reportable quantity ) of that toxin.
(4) The list is not a legislative instrument.