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

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

Minister for Health and Ageing

Name of Regulations

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

Commencement

These Regulations commence on the day after they are registered.

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

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In these Regulations:

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(1)In these Regulations:

[2] Regulation 1.03, after definition of Act

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affected has the meaning given by subregulation (2).

[3] Regulation 1.03, definition of sensitive information

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clause 5.3

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Part 5

[4] Regulation 1.03

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(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

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3.05Persons 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

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

[7] Paragraph 3.06 (a)

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

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

[8] After regulation 3.06

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3.07Handling 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.

3.08Handling 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

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clause 6.2

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Part 6

[10] Regulation 3.26

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3.26Persons 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

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clause 6.2

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Part 6

[12] Paragraph 3.44 (1) (j)

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

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persons affected by a security‑sensitive biological agent

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See