1Short title
This Act may be cited as the National Health Security Amendment Act 2012.
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Bill homepage (APH)This Act may be cited as the National Health Security Amendment Act 2012.
Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information | ||
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 10 December 2012 |
2. Schedules 1 and 2 | A single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. | 31 March 2013 (see F2013L00474) |
This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Main amendments
Part 1—Temporary handling of security‑sensitive biological agents
National Health Security Act 2007
1 Subsection 3(1)
Insert:
temporary handling disposal report for a sample of a security‑sensitive biological agent has the meaning given by subsection 60AD(2).
2 Subsection 3(1)
Insert:
temporary handling period for a sample of a security‑sensitive biological agent has the meaning given by section 60AB.
3 Subsection 3(1)
Insert:
temporary handling report for a sample of a security‑sensitive biological agent has the meaning given by subsection 60AA(1).
4 Subsection 3(1)
Insert:
temporary handling Standard has the meaning given by section 60AJ.
5 At the end of subsection 39(1)
Add:
This Division does not apply to the handling of a security‑sensitive biological agent by an entity that gives the Secretary a temporary handling report: see Division 5AA.
6 After Division 5 of Part 3
Insert:
If:
an entity starts to handle a particular sample of a security‑sensitive biological agent; and
the entity is not a registered entity; and
the entity is not an exempt entity;
the entity may give the Secretary a report (a temporary handling report), for the sample, that complies with subsection (2).
The temporary handling report:
must be in a form approved by the Secretary; and
must contain the following information:
the name of the entity;
the name and address of each facility where the entity handles the sample;
the name of the security‑sensitive biological agent;
the day on which the entity intends to dispose of the sample;
any other information required by the approved form; and
must state that the entity is complying with the temporary handling Standards in relation to the sample; and
must be given to the Secretary:
within 2 business days after the entity starts to handle the sample; or
if a longer period is specified in a written notice given to the entity by the Secretary—within that longer period.
The day referred to in subparagraph (2)(b)(iv):
must not be more 7 business days after the entity starts to handle the sample; or
if a later day is specified in a written notice given to the entity by the Secretary—must not be later than that later day.
Subsection (1) does not apply in the circumstances (if any) prescribed by the regulations.
If an entity gives the Secretary a temporary handling report for a particular sample of a security‑sensitive biological agent, the temporary handling period for the sample is:
the period:
beginning when the entity started to handle the sample; and
ending at the end of the day contained in the report in accordance with subparagraph 60AA(2)(b)(iv); or
if a longer period is specified in a written notice given to the entity by the Secretary—that longer period.
Subject to subsection (2), if an entity gives the Secretary a temporary handling report for a particular sample of a security‑sensitive biological agent, Division 5 does not apply in relation to the handling of the sample by the entity.
If the entity does not dispose of the sample by the end of the temporary handling period for the sample:
subsection (1) does not apply in relation to the handling of the sample by the entity after the end of the temporary handling period; and
section 42 applies to the entity and the security‑sensitive biological agent as if the reference to 2 business days after the entity starts to handle the security‑sensitive biological agent were a reference to 2 business days after the end of the temporary handling period.
This section applies if an entity gives the Secretary a temporary handling report for a particular sample of a security‑sensitive biological agent.
The entity must give the Secretary a report (a temporary handling disposal report), for the sample, that complies with subsection (3).
Failure to give a report is an offence: see section 60AE.
The temporary handling disposal report:
must be in a form approved by the Secretary; and
must state that the entity has disposed of the sample; and
must include the information required by the approved form; and
must be given to the Secretary:
within 2 business days after the disposal, or after the end of the temporary handling period for the sample, whichever happens first; or
if a longer period is specified in a written notice given to the entity by the Secretary—within that longer period.
An entity commits an offence if:
the entity is required to give the Secretary a temporary handling disposal report under subsection 60AD(2); and
the entity does not give the report to the Secretary as required by that subsection.
Penalty: 500 penalty units.
Section 4K of the Crimes Act 1914 does not apply to an offence against subsection (1).
This section applies to an entity if:
the entity gives the Secretary a temporary handling report for a particular sample of a security‑sensitive biological agent; and
any of the following events occurs in relation to the sample before the end of the temporary handling period for the sample:
the sample is lost or stolen;
Note: Accidental or deliberate releases of security‑sensitive biological agents that could cause harm to human health or the environment may need to be reported under State or Territory legislation.
a person accesses the sample, and the access is unauthorised under the regulations;
any other event prescribed by the regulations for the purposes of this subparagraph.
The entity must give a report about the event to the Secretary. The report must be given within the prescribed period.
Note: Failure to give a report is an offence: see section 60AG.
Regulations for the purposes of subparagraph (1)(b)(ii) may prescribe the circumstances in which access to a sample of a specified security‑sensitive biological agent, or to a sample of a specified class of security‑sensitive biological agents, is unauthorised.
Regulations prescribing a period for the purposes of subsection (2) may:
prescribe different periods in relation to different events; and
prescribe a period in relation to an event that ends before or after the event occurs.
A report given by an entity under subsection (2):
must be in a form approved by the Secretary; and
must include the information required by the approved form.
Subsection (2) does not apply in the circumstances (if any) prescribed by the regulations.
An entity commits an offence if:
the entity is required to give a report to the Secretary under subsection 60AF(2); and
the entity does not give the report to the Secretary as required by that subsection.
Penalty: 500 penalty units.
Section 4K of the Crimes Act 1914 does not apply to an offence against subsection (1).
This section applies if:
an event occurs in relation to an entity and a particular sample of a security‑sensitive biological agent; and
the event occurs in a State or Territory; and
the event is:
one described in subparagraph 60AF(1)(b)(i); or
one described in subparagraph 60AF(1)(b)(ii) or (iii) and prescribed by the regulations for the purposes of this subparagraph.
The entity must give a member of the police force of the State or Territory a report of the event that:
is in a form approved by the Secretary; and
includes the information required by the approved form.
Note: Failure to give a report is an offence: see section 60AI.
The entity must give the report within the period prescribed by the regulations.
Regulations prescribing a period for the purposes of subsection (3) may:
prescribe different periods in relation to different events; and
prescribe a period in relation to an event that ends before or after the event occurs.
An entity commits an offence if:
the entity is required by section 60AH to give a report; and
the entity does not give the report as required by that section.
Penalty: 500 penalty units.
Section 4K of the Crimes Act 1914 does not apply to an offence against subsection (1).
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