National Health Security Act 2007

This section applies in relation to a report given to the Director‑General of the CDC by an entity under section 42 if:

the requirements referred to in paragraphs 44(4)(a) and (b) are met in relation to a security‑sensitive biological agent and a facility specified in the report; and

the Director‑General is not satisfied that the purpose stated in the report for which the entity is handling that security‑sensitive biological agent at that facility is a legitimate purpose.

The Director‑General of the CDC must:

decide to register the entity, on a temporary basis, in relation to the security‑sensitive biological agent and the facility; and

notify the entity in writing of that fact.

An entity that is registered under this subsection must report any changes under section 48 and must also report some changes under section 48A.

The notice under paragraph (2)(b) must also state:

the reason that the entity has been registered on a temporary basis in relation to the security‑sensitive biological agent and the facility; and

that handling a security‑sensitive biological agent for a purpose other than a legitimate purpose may be an offence against the Crimes (Biological Weapons) Act 1976.

The Director‑General of the CDC may refer the matter to the relevant authorities for investigation.

If:

the entity is convicted of an offence against the Crimes (Biological Weapons) Act 1976 in relation to its handling of the security‑sensitive biological agent at the facility; or

the entity is found to have committed such an offence but no conviction is recorded;

If a prosecution for an offence against the Crimes (Biological Weapons) Act 1976, in relation to the entity’s handling of the security‑sensitive biological agent at the facility, is not instituted against the entity within 12 months after the date on which the entity is registered under paragraph (2)(a), the Director‑General of the CDC must vary the National Register to indicate that the registration made under that paragraph is no longer on a temporary basis.

A variation of the National Register under subsection (5) must be made:

if, within 12 months after the date on which the entity is registered under paragraph (2)(a), a decision is made not to institute a prosecution for an offence referred to in subsection (5)—as soon as practicable after the Director‑General of the CDC becomes aware of that decision; or

in any other case—as soon as practicable after the end of the period of 12 months referred to in subsection (5).

If:

a prosecution for an offence against the Crimes (Biological Weapons) Act 1976, in relation to the entity’s handling of the security‑sensitive biological agent at the facility, is instituted against the entity within 12 months after the date on which the entity is registered under paragraph (2)(a); and

the entity is found not to have committed the offence;

A variation of the National Register under subsection (7) must be made as soon as practicable after the end of the proceedings for the offence referred to in that subsection.

A person or authority that conducts investigations in relation to offences against the Crimes (Biological Weapons) Act 1976, or institutes or carries on prosecutions for offences against that Act, may disclose personal information to the Director‑General of the CDC for the purpose of assisting the Director‑General to maintain the National Register in an up‑to‑date form.

Subsection (9) constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.