NATIONAL HEALTH SECURITY ACT 2007
Table of Provisions
PART 1--PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Binding the Crown
- 5 Application of laws to external Territories
PART 2--PUBLIC--HEALTH SURVEILLANCE
Division 1--Objects of Part
Division 2--National Health Security Agreement
Division 3--Permissible purposes
Division 4--National Focal Point
Division 5--National Notifiable Disease List
Division 6--Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases
Division 7--Public health observation
Division 8--Confidentiality of information
- 18 Definition of protected information for the purposes of Part 2
- 19 Authorisation to use information for permissible purposes
- 20 Authorisation to use information for purposes of proceedings
- 21 Offence relating to protected information
- 22 Defence for use of information in good faith
- 23 Defence for use of information also received from another source and use of information by prescribed agencies
- 24 Defence for use of information required by another law
- 25 Defence for disclosure to person to whom information relates or if person to whom information relates consents
- 26 Defence for disclosure to person who provided the information
Division 9--Miscellaneous
- 27 Notice to other countries about further use of information
- 28 Delegation
- 29 Annual report
PART 3--REGULATION--OF SECURITY-SENSITIVE BIOLOGICAL AGENTS
Division 1--Preliminary
- 31 Establishment of the List of Security - sensitive Biological Agents
- 32 Variation of the List of Security - sensitive Biological Agents
- 33 Minister must obtain and have regard to expert advice
- 34 List to be available on the Department's website
Subdivision A--Application
- 38A Application of Division
Subdivision B--Carrying out confirmatory testing or destruction
- 38B Initial tester must have confirmatory testing or destruction done
- 38C Offence--failure to have confirmatory testing or destruction done
Subdivision C--Compliance with SSBA standards
- 38D Compliance with SSBA Standards in handling biological agent
- 38E Offence--failure to comply with SSBA Standards in handling biological agent
Subdivision D--Further provisions relating to confirmatory testing
- 38F Initial tester must report transfer of biological agent or sample for confirmatory testing
- 38G Offence--failure by initial tester to report transfer
- 38H Initial tester must report results of confirmatory testing to Secretary
- 38J Offence--failure to report results of confirmatory testing to Secretary
- 38K Reporting if biological agent disposed of after confirmatory testing shows it is a security - sensitive biological agent
- 38L Offence--failure to report disposal
Subdivision E--Further provisions relating to destruction
- 38M Initial tester must report destruction of biological agent
- 38N Offence--failure to report destruction
- 38P Direction to dispose of biological agent for failure to comply with section 38B
- 38Q Offence--failure to dispose of biological agent as directed
Subdivision A--Application and definitions
Subdivision A--Reporting by entities that temporarily handle security-sensitive biological agents
Division 5A--Suspension of Divisions 4A, 5 and 5AA to deal with threats
- 60A Minister may suspend Divisions 4A, 5 and 5AA to deal with threats
- 60B Variation or revocation of suspension
- 60C Offence--failure to comply with conditions on suspension
Division 6--Enforcement
Division 7--Powers of inspection
Subdivision A--Appointment of inspectors and identity cards
- 63 Appointment of inspectors
- 64 Identity card
Subdivision B--Monitoring compliance
- 65 Powers available to inspectors for monitoring compliance
- 66 Monitoring powers
- 67 Power to operate equipment
- 69 Application for monitoring warrant
Subdivision C--Offence-related powers
- 70 Inspector may enter premises by consent or under a warrant
- 70A Offence - related powers of inspectors
- 70B Persons assisting inspectors
- 70C Use of force in executing a warrant
- 70D Inspector may ask questions and seek production of documents
- 70E Inspector to be in possession of warrant
- 70F Occupier to provide inspector with facilities and assistance
- 70G Copies of seized things to be provided
- 70H Receipts for things seized
- 70J Return of seized things
- 70K Magistrate may permit a thing to be retained
- 70L Disposal of things
- 70M Issue of offence - related warrants
- 70N Offence - related warrants by telephone, fax etc.
- 70P Offence relating to warrants by telephone, fax etc.
Subdivision D--Expert assistance
- 71 Expert assistance to operate a thing
- 72 Expert assistance from scientific or technical expert
Subdivision E--Emergency powers
- 73 Powers available to inspectors for dealing with dangerous situations
Subdivision F--Obligations and incidental powers of inspectors
- 74 Inspector must produce identity card on request
- 75 Consent
- 76 Details of warrant etc. to be given to occupier
- 77 Announcement before entry
Subdivision G--Other matters
- 78 Occupier entitled to be present during search
- 79 Division not to abrogate privilege against self - incrimination
- 79A Compensation for damage to electronic equipment
Division 8--Review of decisions
- 80 Meaning of reviewable decision
- 81 Notification of decision and review rights
- 82 Internal review
- 83 Review of decisions by Administrative Appeals Tribunal
Division 9--Confidentiality of information
- 84 Definition of protected information for the purposes of Part 3
- 85 Secretary may give report to certain agencies
- 86 Authorisation to use information in performing duties or exercising powers under Division 6, 7 or 8 of Part 2 or this Part
- 87 Authorisation to use information for certain purposes
- 88 Secretary may authorise use of information
- 89 Authorisation to use information for purposes of certain proceedings
- 90 Offence relating to protected information
- 91 Defence for disclosure to person who provided the information
- 92 Defence for use of information under particular laws
- 93 No other exceptions under other laws
Division 10--Delegation
- 94 Secretary may delegate powers and functions under this Part
PART 4--MISCELLANEOUS