(1) The Director of Human Biosecurity may, in writing, determine that a human disease is a listed human disease if the Director considers that the disease may:
(a) be communicable; and
(b) cause significant harm to human health.
(2) Before making a determination under this section, the Director of Human Biosecurity must consult with:
(a) the chief health officer (however described) for each State and Territory; and
(b) the Director of Biosecurity.
(3) A determination made under this section is a legislative instrument, but section 42 (disallowance) of the Legislation Act 2003 does not apply to the instrument.