National Health Security Act 2007

If confirmatory testing is completed (by the initial tester or another entity), the initial tester must give the Director‑General of the CDC a report that:

states whether the biological agent is or is not a security‑sensitive biological agent; and

is in a form approved by the Director‑General; and

includes the information required by the approved form.

The initial tester must give the Director‑General of the CDC the report within 2 business days after becoming aware of whether the biological agent is or is not a security‑sensitive biological agent or such longer period as the Director‑General allows.

The initial tester need not comply with subsections (1) and (2) if the confirmatory testing:

was done by the initial tester in the initial testing laboratory; and

indicates that the biological agent is not a security‑sensitive biological agent.

Section 48 will require the initial tester to report to the Director‑General of the CDC (subject to section 38K) if:

the initial tester is a registered entity; and

confirmatory testing indicates that the biological agent is a security‑sensitive biological agent not included in the National Register in relation to the initial tester and the facility where the initial tester has handled the biological agent.

In a prosecution of an offence against section 38J, 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.