National Health Security Act 2007

This section applies if the Director‑General of the CDC believes, on reasonable grounds, that an entity is not complying with the SSBA Standards in relation to a security‑sensitive biological agent the entity handles at a facility.

The Director‑General of the CDC may give the entity a written notice stating that, unless the entity satisfies the Director‑General, within the period specified in the notice or such longer period as the Director‑General allows, that the entity is complying with the SSBA Standards in relation to that security‑sensitive biological agent and that facility, the Director‑General may require the entity to dispose of its entire holdings of that security‑sensitive biological agent at that facility.

A notice given to an entity under subsection (2) may impose conditions on the handling of a security‑sensitive biological agent by the entity at specified times occurring before the end of the period allowed under subsection (2).

Without limiting the conditions that the Director‑General of the CDC may impose under subsection (2A), the conditions may relate to the following:

the physical security of the security‑sensitive biological agent;

personnel security and information security in relation to the security‑sensitive biological agent.

A notice given to an entity under subsection (2) may relate to:

any or all of the security‑sensitive biological agents handled by the entity; or

any or all of the facilities at which the entity handles those security‑sensitive biological agents.

If:

the Director‑General of the CDC gives an entity a written notice under subsection (2) in relation to a security‑sensitive biological agent it handles at a facility; and

the entity does not satisfy the Director‑General, within the period allowed under that subsection, that the entity is complying with the SSBA Standards in relation to that security‑sensitive biological agent;

The Director‑General of the CDC may also direct a particular individual not to handle security‑sensitive biological agents: see section 59.

Failure to comply with a direction to dispose of a security‑sensitive biological agent is an offence: see section 58.

If:

the Director‑General of the CDC gives an entity a written notice under subsection (2) in relation to a security‑sensitive biological agent it handles at a facility; and

a condition is imposed under subsection (2A) on the handling of the security‑sensitive biological agent; and

the entity does not comply with the condition;

Failure to comply with a direction to dispose of a security‑sensitive biological agent is an offence: see section 58.

A period specified in a direction given under subsection (4) or (4A) must be reasonable having regard to the circumstances.