Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1A) The Minister may, by legislative instrument, specify that one or both of the following do not apply for a specified period in relation to one or more biological agents that are or have been suspected, on the basis of testing in a laboratory, of being specified security - sensitive biological agents, subject to the conditions (if any) specified:
(a) all or specified provisions of Division 4A;
(b) section 38D, so far as it relates to specified provisions of the SSBA Standards.
(1) The Minister may, by legislative instrument, specify that one or both of the following do not apply for a specified period in relation to one or more specified security - sensitive biological agents, subject to the conditions (if any) specified:
(a) all or specified provisions of Division 5;
(b) section 56, so far as it relates to specified provisions of the SSBA Standards.
(1B) The Minister may, by legislative instrument, specify that one or both of the following do not apply for a specified period in relation to one or more samples of security - sensitive biological agents, subject to the conditions (if any) specified:
(a) all or specified provisions of Division 5AA;
(b) section 60AK, so far as it relates to specified provisions of the temporary handling Standards.
(2) The Minister may make a legislative instrument under subsection (1A), (1) or (1B) relating to a security - sensitive biological agent only if:
(a) the Minister is satisfied, after considering advice from a person covered by subsection (3), that there is a threat involving the agent to one or more of the following:
(i) the health or safety of people;
(ii) the economy;
(iii) the environment; and
(b) the Minister is satisfied, after considering advice from the Secretary, that the making of the legislative instrument would help to reduce the threat and maintain adequate controls for the security of all security - sensitive biological agents.
(2A) Without limiting paragraph (2)(a), the Minister may be satisfied that there is a threat involving the agent to one or more matters mentioned in that paragraph if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020 ) is in force.
(3) This subsection covers:
(a) the Commonwealth Chief Medical Officer; and
(b) the Commonwealth Chief Veterinary Officer; and
(c) another person whom the Minister believes has scientific or technical knowledge in relation to security - sensitive biological agents.
When legislative instrument commences
(4) A legislative instrument made under subsection (1A), (1) or (1B) commences:
(a) on the day on which the instrument is made; or
(b) if the instrument specifies a later day as the day on which it commences, on that day.
(5) Subsection (4) has effect despite section 12 of the Legislation Act 2003 .
(5A) Subsection 12(2) (retrospective application of legislative instruments) of the Legislation Act 2003 does not apply to a legislative instrument made under subsection (1A), (1) or (1B).
Effect of legislative instrument
(6) A legislative instrument made under subsection (1A), (1) or (1B) has effect according to its terms.