Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) If the biological agent is destroyed and confirmatory testing has not been completed when the destruction occurs, the initial tester must give the Secretary a report about the destruction that:
(a) is in a form approved by the Secretary; and
(b) includes the information required by the approved form.
(2) The initial tester must give the Secretary the report within 2 business days after the destruction, or such longer period as the Secretary allows.
(3) The initial tester need not comply with subsections (1) and (2) if:
(a) the initial tester's suspicion is that the biological agent was a particular security - sensitive biological agent or included in a particular class of security - sensitive biological agents; and
(b) the initial tester is a registered entity in relation to that particular security - sensitive biological agent or all security - sensitive biological agents in that particular class.
Note: In a prosecution of an offence against section 38N, 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 .