Offence—breaching condition of exemption
55AD Offence—breaching condition of exemption
If the exemption of an entity under paragraph 55AC(1)(a) is subject to a condition, the entity must comply with the condition.
An entity commits an offence if the entity contravenes subsection (1).
Penalty: 500 penalty units.
17 Application of amendments
The amendments made by this Part apply in relation to an entity that becomes aware on or after the commencement of this item that it needs to undertake emergency maintenance of a facility.
Part 3—Compliance with standards relating to security‑sensitive biological agents
National Health Security Act 2007
18 Before subsection 57(1)
Insert:
Application of this section
19 Before subsection 57(2)
Insert:
Secretary may give a notice
20 After subsection 57(2)
Insert:
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 Secretary 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.
21 Before subsection 57(4)
Insert:
Secretary may direct entity to dispose of security‑sensitive biological agent
22 After subsection 57(4)
Insert:
If:
the Secretary 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;
the Secretary may give a written direction to the entity, requiring the entity, within the period specified in the direction or such longer period as the Secretary allows, to dispose of its entire holdings of that security‑sensitive biological agent at that facility.
Failure to comply with a direction to dispose of a security‑sensitive biological agent is an offence: see section 58.
23 Subsection 57(5)
After “(4)”, insert “or (4A)”.
24 Paragraph 58(1)(a)
After “57(4)”, insert “or (4A)”.
Part 4—Confirmatory testing
National Health Security Act 2007
25 Subsection 38H(3)
Repeal the subsection (not including the notes), substitute:
The initial tester need not comply with subsections (1) and (2) if the confirmatory testing:
was done by the initial tester in the initial testing laboratory; and
indicates that the biological agent is not a security‑sensitive biological agent.
26 Application of amendment
The amendment made by this Part applies in relation to confirmatory testing that is completed on or after the commencement of this item.
Part 5—Suspected security‑sensitive biological agents
National Health Security Act 2007
27 At the end of section 38A
Add:
; and (c) the initial tester is not an exempt entity.
Schedule 2—Consequential amendments
National Health Security Act 2007
1 Paragraph 61(1)(a)
Omit “53(3) or 57(4)”, substitute “53(3), 57(4), 57(4A) or 60AO(3)”.
2 Subsection 61(2)
Omit “or 43(1)”, substitute “, 43(1), 55AD(2), 60AE(1) or section 60AL”.
3 Paragraph 65(1)(d)
Omit “48 or 49”, substitute “48, 49, 55AA, 60AA, 60AD or 60AF”.
4 Paragraph 69(2)(b)
Omit “48 or 49”, substitute “48, 49, 55AA, 60AA, 60AD or 60AF”.
5 Section 80 (paragraph (a) of the definition of reviewable decision)
Omit “53(3) or 57(4)”, substitute “53(3), 57(4), 57(4A) or 60AO(3)”.
6 Section 84 (subparagraph (b)(ii) of the definition of protected information)
Omit “4A or 5”, substitute “4A, 5 or 5AA”.
[Minister’s second reading speech made in—
House of Representatives on 19 September 2012
Senate on 11 October 2012] (164/12)
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.