Commonwealth Consolidated Acts

NATIONAL HEALTH SECURITY ACT 2007 - SECT 57

Application of this section

  (1)   This section applies if the Secretary believes, on reasonable grounds, that an entity is not complying with the SSBA Standards in relation to a security - sensitive biological agent the entity handles at a facility.

Secretary may give a notice

  (2)   The Secretary may give the entity a written notice stating that, unless the entity satisfies the Secretary, within the period specified in the notice or such longer period as the Secretary allows, that the entity is complying with the SSBA Standards in relation to that security - sensitive biological agent and that facility, the Secretary may require the entity to dispose of its entire holdings of that security - sensitive biological agent at that facility.

  (2A)   A notice given to an entity under subsection   (2) may impose conditions on the handling of a security - sensitive biological agent by the entity at specified times occurring before the end of the period allowed under subsection   (2).

  (2B)   Without limiting the conditions that the Secretary may impose under subsection   (2A), the conditions may relate to the following:

  (a)   the physical security of the security - sensitive biological agent;

  (b)   personnel security and information security in relation to the security - sensitive biological agent.

  (3)   A notice given to an entity under subsection   (2) may relate to:

  (a)   any or all of the security - sensitive biological agents handled by the entity; or

  (b)   any or all of the facilities at which the entity handles those security - sensitive biological agents.

Secretary may direct entity to dispose of security - sensitive biological agent

  (4)   If:

  (a)   the Secretary gives an entity a written notice under subsection   (2) in relation to a security - sensitive biological agent it handles at a facility; and

  (b)   the entity does not satisfy the Secretary, within the period allowed under that subsection, that the entity is complying with the SSBA Standards in relation to that security - sensitive biological agent;

the Secretary may give a written direction to the entity, requiring the entity, within the period specified in the direction or such longer period as the Secretary allows, to dispose of its entire holdings of that security - sensitive biological agent at that facility.

Note 1:   The Secretary may also direct a particular individual not to handle security - sensitive biological agents: see section   59.

Note 2:   Failure to comply with a direction to dispose of a security - sensitive biological agent is an offence: see section   58.

  (4A)   If:

  (a)   the Secretary gives an entity a written notice under subsection   (2) in relation to a security - sensitive biological agent it handles at a facility; and

  (b)   a condition is imposed under subsection   (2A) on the handling of the security - sensitive biological agent; and

  (c)   the entity does not comply with the condition;

the Secretary may give a written direction to the entity, requiring the entity, within the period specified in the direction or such longer period as the Secretary allows, to dispose of its entire holdings of that security - sensitive biological agent at that facility.

Note:   Failure to comply with a direction to dispose of a security - sensitive biological agent is an offence: see section   58.

  (5)   A period specified in a direction given under subsection   (4) or (4A) must be reasonable having regard to the circumstances.