Commonwealth Consolidated Acts

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NATIONAL HEALTH SECURITY ACT 2007 - SECT 45

Secretary may direct entity to dispose of security - sensitive biological agents

  (1)   This section applies in relation to a report given to the Secretary by an entity under section   42 if:

  (a)   the Secretary made a request under paragraph   44(2)(a) and the entity did not comply with the request within the period allowed under that paragraph; or

  (b)   the entity did not state in the report that the entity is complying with the SSBA Standards.

  (2)   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 any or all of the security - sensitive biological agents specified in the report.

Note 1:   If the Secretary gives a notice to an entity under this subsection, the Secretary must not include the entity on the National Register in relation to the security - sensitive biological agent and the facility to which the notice relates: see subsection   44(4).

Note 2:   The Secretary may also direct a particular individual not to handle security - sensitive biological agents: see section   59.

Note 3:   Failure to comply with a direction to dispose of a security - sensitive biological agent is an offence: see section   46.

  (3)   A period specified in a direction given under subsection   (2) must be reasonable having regard to the circumstances.


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