National Health Security Amendment Act 2012

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;

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.

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.