Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The initial tester must, within 2 business days after forming the suspicion or such longer period as the Secretary allows:
(a) arrange for the carrying out (by the initial tester or another entity) of further testing ( confirmatory testing ) of the biological agent to determine whether the biological agent is a security - sensitive biological agent; or
(b) destroy the biological agent in accordance with the SSBA Standards.
Note: Sections 38C and 38P set out consequences for contravention of this section.
(2) The initial tester need not comply with subsection (1) if:
(a) the initial tester's suspicion is that the biological agent is a particular security - sensitive biological agent or included in a particular class of security - sensitive biological agents; and
(b) the initial tester is a registered entity in relation to that particular security - sensitive biological agent or all security - sensitive biological agents in that particular class.
Note: In a prosecution of an offence against section 38C, the defendant bears an evidential burden in relation to the matter in subsection (2) of this section: see subsection 13.3(3) of the Criminal Code .