National Health Security Amendment Act 2012

If an entity gives the Secretary an emergency maintenance report for a facility, the Secretary may, by written instrument, declare either or both of the following:

that specified provisions of this Division do not apply to the entity and the facility during the emergency maintenance period for the report;

that this Division applies to the entity and the facility during the emergency maintenance period for the report as if specified provisions were omitted, modified or varied as specified in the instrument.

An exemption under paragraph (1)(a) is subject to the conditions (if any) specified in the declaration.

Breach of a condition is an offence: see section 55AD.

The Secretary must not make a declaration under subsection (1) unless the Secretary is satisfied that it is reasonably necessary to do so, having regard to:

the importance of ensuring the secure handling of security‑sensitive biological agents; and

any other matters the Secretary considers relevant.

A declaration under subsection (1) is not a legislative instrument.