Federal Register of Legislation - Australian Government

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SLI 2010 No. 128 Regulations as made
These Regulations amend the National Health Security Regulations 2008 to provide for additional exempt entities amd makes minor changes to streamline the terminology used to capture the effects of security sensitive biological agents that include both biological agents and toxins, on humans and animals and updates legislative references.
Administered by: Health
Registered 18 Jun 2010
Tabling HistoryDate
Tabled HR22-Jun-2010
Tabled Senate22-Jun-2010
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

 

National Health Security Amendment Regulations 2010 (No. 1)1

Select Legislative Instrument 2010 No. 128

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the National Health Security Act 2007.

Dated 15 June 2010

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

NICOLA ROXON


1              Name of Regulations

                These Regulations are the National Health Security Amendment Regulations 2010 (No. 1).

2              Commencement

                These Regulations commence on the day after they are registered.

3              Amendment of National Health Security Regulations 2008

                Schedule 1 amends the National Health Security Regulations 2008.


Schedule 1        Amendments

(regulation 3)

 

[1]           Regulation 1.03

omit

In these Regulations:

insert

         (1)   In these Regulations:

[2]           Regulation 1.03, after definition of Act

insert

affected has the meaning given by subregulation (2).

[3]           Regulation 1.03, definition of sensitive information

omit

clause 5.3

insert

Part 5

[4]           Regulation 1.03

insert

         (2)   The body of a person or animal is affected by a security‑sensitive biological agent if the security‑sensitive biological agent has been introduced into the body.

[5]           Regulation 3.05

substitute

3.05        Persons or animals affected by security‑sensitive biological agents

         (1)   A person who is affected by a security‑sensitive biological agent is an exempt entity while affected by the security‑sensitive biological agent.

         (2)   An entity is an exempt entity if:

                (a)    the entity destroys an animal that is affected by a security‑sensitive biological agent; and

               (b)    the entity’s destruction of the animal is carried out because the animal is affected by a security‑sensitive biological agent.

[6]           Regulation 3.06, heading

substitute

3.06        Treatment of persons or animals affected by security‑sensitive biological agents

[7]           Paragraph 3.06 (a)

omit

person or to an animal for an occurrence of disease or injury from

insert

person who, or an animal that, has been affected by

[8]           After regulation 3.06

insert

3.07        Handling of human bodies

                An entity is an exempt entity for the purpose of examining, burying or cremating human bodies if:

                (a)    the functions of the entity include:

                          (i)    examination, identification, storage or transport of the bodies of deceased persons; or

                         (ii)    preparation of the bodies of deceased persons for burial or cremation; and

               (b)    the entity performs any of the functions mentioned in paragraph (a) on the body of a person who, before his or her death, was affected by a security‑sensitive biological agent.

3.08        Handling of mice to test for botulinum toxin

         (1)   An entity is an exempt entity for the purpose of handling mice to test for the presence of botulinum toxin if:

                (a)    the entity has functions that include the use of mice to test for the presence of botulinum toxin; and

               (b)    the entity conducts a test on mice for the presence of botulinum toxin.

         (2)   However, an entity is not an exempt entity if it handles botulinum toxin for the purpose of using it as a control sample for testing or carrying out diagnostic analysis.

[9]           Regulations 3.17, 3.18 and 3.19

omit

clause 6.2

insert

Part 6

[10]         Regulation 3.26

substitute

3.26        Persons affected by a security‑sensitive biological agent

                It is a reportable event for a registered entity if:

                (a)    a security‑sensitive biological agent is included on the National Register in relation to the entity and a facility; and

               (b)    a person who has been to the facility is affected by a security‑sensitive biological agent as a result of the entity’s handling of the security‑sensitive biological agent at the facility.

[11]         Regulation 3.43, note

omit

clause 6.2

insert

Part 6

[12]         Paragraph 3.44 (1) (j)

omit

person suffers an occurrence of disease, is injured, or dies

insert

persons affected by a security‑sensitive biological agent


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.