National Health Security Act 2007

The Minister must not include a biological agent, or a reportable quantity of a biological agent, in the List of Security‑sensitive Biological Agents, or otherwise vary the list, unless:

the Minister has obtained advice from:

an agency or instrumentality of the Commonwealth that has responsibility for obtaining and assessing information about the risks and threats posed by biological agents that may be of security concern to Australia; and

persons with scientific or technical knowledge of biological agents that may be of security concern to Australia; and

the Minister has sought advice from the States, the Australian Capital Territory and the Northern Territory.

To avoid doubt, the persons referred to in subparagraph (1)(a)(ii) may be officers or employees of an agency or instrumentality of the Commonwealth referred to in subparagraph (1)(a)(i).

The Minister must have regard to advice received under subsection (1).