Initial tester must have confirmatory testing or destruction done
38B Initial tester must have confirmatory testing or destruction done
The initial tester must, within 2 business days after forming the suspicion or such longer period as the Director‑General of the CDC allows:
arrange for the carrying out (by the initial tester or another entity) of further testing (confirmatory testing) of the biological agent to determine whether the biological agent is a security‑sensitive biological agent; or
destroy the biological agent in accordance with the SSBA Standards.
Sections 38C and 38P set out consequences for contravention of this section.
The initial tester need not comply with subsection (1) if:
the initial tester’s suspicion is that the biological agent is a particular security‑sensitive biological agent or included in a particular class of security‑sensitive biological agents; and
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.
In a prosecution of an offence against section 38C, the defendant bears an evidential burden in relation to the matter in subsection (2) of this section: see subsection 13.3(3) of the Criminal Code.
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