Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If confirmatory testing is completed (by the initial tester or another entity), the initial tester must give the Secretary a report that:
(a) states whether the biological agent is or is not a security - sensitive biological agent; and
(b) is in a form approved by the Secretary; and
(c) includes the information required by the approved form.
(2) The initial tester must give the Secretary the report within 2 business days after becoming aware of whether the biological agent is or is not a security - sensitive biological agent or such longer period as the Secretary allows.
(3) The initial tester need not comply with subsections (1) and (2) if the confirmatory testing:
(a) was done by the initial tester in the initial testing laboratory; and
(b) indicates that the biological agent is not a security - sensitive biological agent.
Note 1: Section 48 will require the initial tester to report to the Secretary (subject to section 38K) if:
(a) the initial tester is a registered entity; and
(b) confirmatory testing indicates that the biological agent is a security - sensitive biological agent not included in the National Register in relation to the initial tester and the facility where the initial tester has handled the biological agent.
Note 2: In a prosecution of an offence against section 38J, the defendant bears an evidential burden in relation to the matter in subsection (3) of this section: see subsection 13.3(3) of the Criminal Code .