NATIONAL HEALTH SECURITY ACT 2007 - SECT 53 Failure to report changes to the Secretary
NATIONAL HEALTH SECURITY ACT 2007 - SECT 53
Failure to report changes to the Secretary(1) This section applies if the Secretary believes, on reasonable grounds, that:
(a) a reportable event has occurred in relation to a registered entity; and
(b) the entity was required to give a report about the event under subsection 48(3) or section 48A; and
(c) the entity has not given the report as required by that subsection or section.
(2) The Secretary may give the registered entity a written notice stating that, if the entity does not, within the period specified in the notice or such longer period as the Secretary allows, give the Secretary a report that complies with paragraphs 48(5)(a) and (b) about the reportable event, the Secretary may require the entity to dispose of its entire holdings of the security - sensitive biological agent to which the reportable event relates.
Note 1: Disposal would not be appropriate if the entity's entire holdings of that security - sensitive biological agent have already been disposed of, or were lost or stolen.
Note 2: The Secretary may also direct a particular individual not to handle security - sensitive biological agents: see section 59.
(a) the Secretary gives an entity a written notice under subsection (2) in relation to a reportable event; and
(b) the entity does not, within the period allowed under that subsection, give the Secretary a report that complies with paragraphs 48(5)(a) and (b) about the reportable event;
the Secretary may, if the Secretary considers it appropriate, 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 the security - sensitive biological agent to which the reportable event relates.
Note: Failure to comply with a direction to dispose of a security - sensitive biological agent is an offence: see section 54.
(4) A period specified in a direction given under subsection
(3) must be reasonable having regard to the circumstances.