Commonwealth Consolidated Acts

NATIONAL HEALTH SECURITY ACT 2007

TABLE OF PROVISIONS

           Long Title

   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

   6.      Objects of Part  

           Division 2--National Health Security Agreement

   7.      National Health Security Agreement  

           Division 3--Permissible purposes

   8.      Permissible purposes  

           Division 4--National Focal Point

   9.      Meaning of National Focal Point  
   10.     Functions of the National Focal Point  

           Division 5--National Notifiable Disease List

   11.     National Notifiable Disease List  
   12.     Temporary additions to the National Notifiable Disease List  

           Division 6--Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases

   13.     Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases  
   14.     Receipt of information or recommendation from the World Health Organization  
   15.     Non - personal information  

           Division 7--Public health observation

   16.     National Focal Point notified of incoming traveller who is under public health observation  
   17.     Incoming travellers who are placed under 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

   30.     Object of Part  

           Division 2--The List of Security-sensitive Biological Agents

   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  

           Division 3--Standards relating to security-sensitive biological agents

   35.     Minister may determine standards relating to security - sensitive biological agents  

           Division 4--The National Register

   36.     National Register of Security - sensitive Biological Agents  
   37.     Content of National Register  
   38.     Variation of the National Register  

           Division 4A--Requirements relating to suspected security-sensitive biological agents

              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  

           Division 5--Requirements for entities that handle security-sensitive biological agents

              Subdivision A--Application and definitions

   39.     Application of Division  
   40.     Meaning of exempt entity  
   41.     Meaning of legitimate purpose  

              Subdivision B--Reporting requirements

   42.     Entity that handles security - sensitive biological agents must give a report to the Secretary  
   43.     Offence--failure to give a report to the Secretary  
   44.     Secretary must consider report and decide whether or not to include entity on the National Register  
   45.     Secretary may direct entity to dispose of security - sensitive biological agents  
   46.     Offence--failure to comply with direction to dispose of security - sensitive biological agent  
   47.     Secretary not satisfied entity handling security - sensitive biological agent for a legitimate purpose  
   48.     Registered entity must report any changes to the Secretary  
   48A.    Registered entity must report certain reportable events to police  
   48B.    Offence--failure to report reportable event to police  
   49.     Secretary must consider report of changes and decide whether or not to vary the National Register  
   50.     Secretary may direct entity to dispose of security - sensitive biological agents  
   51.     Offence--failure to comply with direction to dispose of security - sensitive biological agent  
   52.     Secretary not satisfied entity handling security - sensitive biological agent for a legitimate purpose  
   53.     Failure to report changes to the Secretary  
   54.     Offence--failure to comply with direction to dispose of security - sensitive biological agent  
   55.     Application of reporting requirements in relation to individuals  
   55AA.   Entity that needs to undertake emergency maintenance may give a report to the Secretary  
   55AB.   Emergency maintenance period  
   55AC.   Secretary may declare exemption from this Division etc. during emergency maintenance period  
   55AD.   Offence--breaching condition of exemption  
   55A.    Cancellation of entity's registration on application  

              Subdivision C--Compliance with SSBA Standards

   56.     Entity must comply with SSBA Standards  
   57.     Failure to comply with SSBA Standards  
   58.     Offence--failure to comply with direction to dispose of security - sensitive biological agent  

              Subdivision D--Directions not to handle security-sensitive biological substances

   59.     Secretary may direct individual not to handle security - sensitive biological agents  
   60.     Offence--failure to comply with direction not to handle security - sensitive biological agents  

           Division 5AA--Entities that temporarily handle security-sensitive biological agents

              Subdivision A--Reporting by entities that temporarily handle security-sensitive biological agents

   60AA.   Entity that temporarily handles a security - sensitive biological agent may give a report to the Secretary  
   60AB.   Temporary handling period  
   60AC.   Application of Division 5 to an entity that gives a temporary handling report  
   60AD.   Entity that gives a temporary handling report must give a temporary handling disposal report  
   60AE.   Offence--failure to give a report to the Secretary  
   60AF.   Entity that gives a temporary handling report must report any changes to the Secretary  
   60AG.   Offence--failure to give a report to the Secretary  
   60AH.   Entity that gives a temporary handling report must report certain events to police  
   60AI.   Offence--failure to report event to police  

              Subdivision B--Compliance with temporary handling Standards

   60AJ.   Temporary handling Standards  
   60AK.   Entity must comply with temporary handling Standards  
   60AL.   Offence--failure to comply with temporary handling Standards  

              Subdivision C--Conditions in relation to the temporary handling of security-sensitive biological agents

   60AM.   Secretary may impose conditions  
   60AN.   Entity must comply with conditions  
   60AO.   Failure to comply with conditions  
   60AP.   Offence--failure to comply with direction to dispose of sample  

           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

   61.     Secretary may arrange for disposal of security - sensitive biological agents  
   62.     Injunctions  

           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

   95.     Regulations