National Health Security Act 2007 Temporary Suspension of Provisions of Part 3 (Cth)

COMMONWEALTH OF AUSTRALIA

MINISTER FOR HEALTH AND AGEING

NATIONAL HEALTH SECURITY ACT 2007

TEMPORARY SUSPENSION OF PROVISIONS OF PART 3

I, NICOLA ROXON, Minister for Health and Ageing, under subsections 60A(1A) and (1) of the National Health Security Act 2007 (the Act), specify that the provisions of the Act specified in this instrument do not apply.

Commencement

1.       This instrument commences on registration.

Application

2.       This instrument applies to a biological agent that is suspected Vibrio cholerae O1 or confirmed Vibrio cholerae O1 in the geographic areas mentioned in the Schedule for a period of 20 business days from commencement of the instrument.

Advice of Chief Medical Officer and Secretary of Department of Health and Ageing

1. I am satisfied under subsection 60A (2), after considering advice from:

(a)     the Commonwealth Chief Medical Officer that there is a threat involving suspected Vibrio cholerae O1 and confirmed Vibrio cholerae O1 to the health or safety of people in the outbreak affected areas;  and

(b)     the Secretary that the making of this legislative instrument would help to reduce the threat and maintain adequate controls for the security of all security-sensitive biological agents.

Suspension of application of certain provisions of Part 3 of the Act

4.       Subject to the conditions specified in section 5, the provisions of the Act that do not apply are:

(a) for subsection 60A(1A) of the Act, all of the provisions of Division 4A of the Act, and section 38D of the Act so far as it relates to all provisions of the SSBA Standards that apply to an initial tester; and

(b)for subsection 60A(1) of the Act, all of the provisions of Division 5 of the Act, and section 56 of the Act so far as it relates to all provisions of the SSBA Standards that apply to an entity that handles an SSBA at one or more facilities.

Conditions

1. (1)     For an agent that is suspected Vibrio cholerae O1, an entity must, within 10 business days after the end of the period mentioned in section 2, send a consolidated report, to the address mentioned in section 6, that sets out:

(a)     the numbers of occasions, if any, on which the entity starts to handle the agent;  and

(b)     the numbers of occasions, if any, on which :

(i)      arrangements were made for confirmatory testing[1] of the agent;  or

[1]For the meaning of ‘confirmatory testing’ refer to section 38B of the Act.

(ii)     an agent was destroyed instead of having confirmatory testing;  or

(iii)    an agent was transferred to another entity or laboratory for confirmatory testing;  or

(iv)an agent was destroyed after confirmatory testing determined the agent was a security-sensitive biological agent;  and

(c)     the consolidated results of any confirmatory testing of agents.

1. For an agent that is confirmed as Vibrio cholerae O1, an entity must, within 10 business days after the end of the period mentioned in section 2, send a consolidated report, to the address mentioned in section 6, that sets out the numbers of occasions, if any, on which the entity handled the agent.

1. An entity must, for an agent that is suspected Vibrio cholerae O1 or confirmed Vibrio cholerae O1, retain records of the transport, results of confirmatory testing or destruction of the agent.

1. An entity must, as far as practicable, comply with those provisions of the SSBA Standards that relate to ensuring the security of the SSBA.

1. The Public Health Laboratory, Department of Health, Queensland must send all reports under this section to the Secretary within 20 business days after the end of the period mentioned in section 2, or such longer period as is specified by the Secretary in a written notice given to the Laboratory.

Address for reports under section 5

1. Reports under section 5 are to be sent to:

(a)“The Responsible Officer – Public Health Laboratory, Department of Health, 39 Kessels Road, Coopers Plain, Queensland, 4108”;  or

(b)By post to “The Responsible Officer – Public Health Laboratory, Department of Health, PO Box 594, Archerfield, Queensland, 4108".

Dated this 16^th day of November 2010

Nicola Roxon

Minister for Health and Ageing

SCHEDULE‑GEOGRAPHIC LOCATIONS

1.The local government area of the City of Brisbane.

2.The area of the State of Queensland north of a line extending across Queensland along the line of latitude 20 degrees South.[2]

[2] This line of latitude is to the south of Townsville.