National Health Security Act 2007

If the biological agent is destroyed and confirmatory testing has not been completed when the destruction occurs, the initial tester must give the Director‑General of the CDC a report about the destruction that:

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 the destruction, or such longer period as the Director‑General allows.

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

the initial tester’s suspicion is that the biological agent was 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 38N, 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.