NATIONAL HEALTH SECURITY ACT 2007 - SECT 48 Registered entity must report any changes to the Secretary
NATIONAL HEALTH SECURITY ACT 2007 - SECT 48
Registered entity must report any changes to the Secretary(1) Each of the following is a reportable event in relation to a registered entity:
(a) the entity starts to handle at a facility a security - sensitive biological agent that is not included on the National Register in relation to the entity and that facility;
(b) the entity disposes of its entire holdings of a security - sensitive biological agent that is included on the National Register in relation to the entity and a facility (including a disposal required by a direction given by the Secretary under this Part);
(c) if the entity is included on the National Register in relation to a facility and a security - sensitive biological agent that is a toxin:
(i) the entity disposes of a quantity of the toxin; and
(ii) after the disposal, the quantity of the toxin handled by the entity at that facility is less than the reportable quantity of that toxin;
(d) the entity:
(i) starts to handle a security - sensitive biological agent that is included on the National Register in relation to the entity and a facility for a purpose other than the purpose specified in the National Register; or
(ii) stops handling a security - sensitive biological agent that is included on the National Register in relation to the entity and a facility for a purpose specified in the National Register;
(e) the entity transfers a security - sensitive biological agent that is included on the National Register in relation to the entity and a facility:
(i) to another entity; or
(ii) to another facility of the entity;
(f) a security - sensitive biological agent that is included on the National Register in relation to the entity and a facility 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.
(g) a person accesses a security - sensitive biological agent that is included on the National Register in relation to the entity and a facility, and the access is unauthorised under the regulations;
(h) any other event prescribed by the regulations for the purposes of this paragraph;
(i) a period for which both the following conditions are met ends:
(i) the duration of the period is prescribed by the regulations for the purposes of this subparagraph;
(ii) there is no occurrence in the period of a reportable event that is described in paragraph (h) and is prescribed by the regulations for the purposes of this subparagraph.
Note: Section 38K (Reporting if biological agent disposed of after confirmatory testing shows it is a security - sensitive biological agent) treats paragraph (1)(a) of this section as never having applied in certain circumstances.
(2) Regulations for the purposes of paragraph (1)(g) may prescribe the circumstances in which access to a specified security - sensitive biological agent, or a specified class of security - sensitive biological agents, is unauthorised.
(3) A registered entity must give a report about a reportable event to the Secretary. The report must be given within the prescribed period.
Note 1: Section 55 deals with the application of the reporting requirements in relation to individuals.
Note 2: The registered entity must also give reports about certain reportable events to police within a period prescribed by the regulations: see section 48A.
(4) Regulations prescribing a period for the purposes of subsection (3) may:
(a) prescribe different periods in relation to different reportable events; and
(b) prescribe a period in relation to a reportable event that ends before or after the event occurs.
(5) A report given by an entity under subsection (3):
(a) must be in a form approved by the Secretary; and
(b) must include the information required by the approved form.
(6) Subsection (3) does not apply in the circumstances
prescribed by the regulations.