National Health Security Act 2007 (Cth)

National Health Security Act 2007

No. 174, 2007

Compilation No. 19

Compilation date: 14 October 2024

Includes amendments: Act No. 38, 2024

About this compilation

This compilation

This is a compilation of the National Health Security Act 2007 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 Binding the Crown 5 Application of laws to external Territories Part 2—Public health surveillance Division 1—Objects of Part 6 Objects of Part Division 2—National Health Security Agreement 7 National Health Security Agreement Division 3—Permissible purposes 8 Permissible purposes Division 4—National Focal Point 9 Meaning of National Focal Point 10 Functions of the National Focal Point Division 5—National Notifiable Disease List 11 National Notifiable Disease List 12 Temporary additions to the National Notifiable Disease List Division 6—Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases 13 Notification, sharing information and liaising in relation to public health events of national significance and listed human diseases 14 Receipt of information or recommendation from the World Health Organization 15 Non‑personal information Division 7—Public health observation 16 National Focal Point notified of incoming traveller who is under public health observation 17 Incoming travellers who are placed under public health observation Division 8—Confidentiality of information 18 Definition of protected information for the purposes of Part 2 19 Authorisation to use information for permissible purposes 20 Authorisation to use information for purposes of proceedings 21 Offence relating to protected information 22 Defence for use of information in good faith 23 Defence for use of information also received from another source and use of information by prescribed agencies 24 Defence for use of information required by another law 25 Defence for disclosure to person to whom information relates or if person to whom information relates consents 26 Defence for disclosure to person who provided the information Division 9—Miscellaneous 27 Notice to other countries about further use of information 28 Delegation 29 Annual report Part 3—Regulation of security‑sensitive biological agents Division 1—Preliminary 30 Object of Part Division 2—The List of Security‑sensitive Biological Agents 31 Establishment of the List of Security‑sensitive Biological Agents 32 Variation of the List of Security‑sensitive Biological Agents 33 Minister must obtain and have regard to expert advice 34 List to be available on the Department's website Division 3—Standards relating to security‑sensitive biological agents 35 Minister may determine standards relating to security‑sensitive biological agents Division 4—The National Register 36 National Register of Security‑sensitive Biological Agents 37 Content of National Register 38 Variation of the National Register Division 4A—Requirements relating to suspected security‑sensitive biological agents Subdivision A—Application 38A Application of Division Subdivision B—Carrying out confirmatory testing or destruction 38B Initial tester must have confirmatory testing or destruction done 38C Offence—failure to have confirmatory testing or destruction done Subdivision C—Compliance with SSBA standards 38D Compliance with SSBA Standards in handling biological agent 38E Offence—failure to comply with SSBA Standards in handling biological agent Subdivision D—Further provisions relating to confirmatory testing 38F Initial tester must report transfer of biological agent or sample for confirmatory testing 38G Offence—failure by initial tester to report transfer 38H Initial tester must report results of confirmatory testing to Secretary 38J Offence—failure to report results of confirmatory testing to Secretary 38K Reporting if biological agent disposed of after confirmatory testing shows it is a security‑sensitive biological agent 38L Offence—failure to report disposal Subdivision E—Further provisions relating to destruction 38M Initial tester must report destruction of biological agent 38N Offence—failure to report destruction 38P Direction to dispose of biological agent for failure to comply with section 38B 38Q Offence—failure to dispose of biological agent as directed Division 5—Requirements for entities that handle security‑sensitive biological agents Subdivision A—Application and definitions 39 Application of Division 40 Meaning of exempt entity 41 Meaning of legitimate purpose Subdivision B—Reporting requirements 42 Entity that handles security‑sensitive biological agents must give a report to the Secretary 43 Offence—failure to give a report to the Secretary 44 Secretary must consider report and decide whether or not to include entity on the National Register 45 Secretary may direct entity to dispose of security‑sensitive biological agents 46 Offence—failure to comply with direction to dispose of security‑sensitive biological agent 47 Secretary not satisfied entity handling security‑sensitive biological agent for a legitimate purpose 48 Registered entity must report any changes to the Secretary 48A Registered entity must report certain reportable events to police 48B Offence—failure to report reportable event to police 49 Secretary must consider report of changes and decide whether or not to vary the National Register 50 Secretary may direct entity to dispose of security‑sensitive biological agents 51 Offence—failure to comply with direction to dispose of security‑sensitive biological agent 52 Secretary not satisfied entity handling security‑sensitive biological agent for a legitimate purpose 53 Failure to report changes to the Secretary 54 Offence—failure to comply with direction to dispose of security‑sensitive biological agent 55 Application of reporting requirements in relation to individuals 55AA Entity that needs to undertake emergency maintenance may give a report to the Secretary 55AB Emergency maintenance period 55AC Secretary may declare exemption from this Division etc. during emergency maintenance period 55AD Offence—breaching condition of exemption 55A Cancellation of entity's registration on application Subdivision C—Compliance with SSBA Standards 56 Entity must comply with SSBA Standards 57 Failure to comply with SSBA Standards 58 Offence—failure to comply with direction to dispose of security‑sensitive biological agent Subdivision D—Directions not to handle security‑sensitive biological substances 59 Secretary may direct individual not to handle security‑sensitive biological agents 60 Offence—failure to comply with direction not to handle security‑sensitive biological agents Division 5AA—Entities that temporarily handle security‑sensitive biological agents Subdivision A—Reporting by entities that temporarily handle security‑sensitive biological agents 60AA Entity that temporarily handles a security‑sensitive biological agent may give a report to the Secretary 60AB Temporary handling period 60AC Application of Division 5 to an entity that gives a temporary handling report 60AD Entity that gives a temporary handling report must give a temporary handling disposal report 60AE Offence—failure to give a report to the Secretary 60AF Entity that gives a temporary handling report must report any changes to the Secretary 60AG Offence—failure to give a report to the Secretary 60AH Entity that gives a temporary handling report must report certain events to police 60AI Offence—failure to report event to police Subdivision B—Compliance with temporary handling Standards 60AJ Temporary handling Standards 60AK Entity must comply with temporary handling Standards 60AL Offence—failure to comply with temporary handling Standards Subdivision C—Conditions in relation to the temporary handling of security‑sensitive biological agents 60AM Secretary may impose conditions 60AN Entity must comply with conditions 60AO Failure to comply with conditions 60AP Offence—failure to comply with direction to dispose of sample Division 5A—Suspension of Divisions 4A, 5 and 5AA to deal with threats 60A Minister may suspend Divisions 4A, 5 and 5AA to deal with threats 60B Variation or revocation of suspension 60C Offence—failure to comply with conditions on suspension Division 6—Enforcement 61 Secretary may arrange for disposal of security‑sensitive biological agents 62 Injunctions Division 7—Powers of inspection Subdivision A—Appointment of inspectors and identity cards 63 Appointment of inspectors 64 Identity card Subdivision B—Monitoring compliance 65 Powers available to inspectors for monitoring compliance 66 Monitoring powers 67 Power to operate equipment 69 Application for monitoring warrant Subdivision C—Offence‑related powers 70 Inspector may enter premises by consent or under a warrant 70A Offence‑related powers of inspectors 70B Persons assisting inspectors 70C Use of force in executing a warrant 70D Inspector may ask questions and seek production of documents 70E Inspector to be in possession of warrant 70F Occupier to provide inspector with facilities and assistance 70G Copies of seized things to be provided 70H Receipts for things seized 70J Return of seized things 70K Magistrate may permit a thing to be retained 70L Disposal of things 70M Issue of offence‑related warrants 70N Offence‑related warrants by telephone, fax etc. 70P Offence relating to warrants by telephone, fax etc. Subdivision D—Expert assistance 71 Expert assistance to operate a thing 72 Expert assistance from scientific or technical expert Subdivision E—Emergency powers 73 Powers available to inspectors for dealing with dangerous situations Subdivision F—Obligations and incidental powers of inspectors 74 Inspector must produce identity card on request 75 Consent 76 Details of warrant etc. to be given to occupier 77 Announcement before entry Subdivision G—Other matters 78 Occupier entitled to be present during search 79 Division not to abrogate privilege against self‑incrimination 79A Compensation for damage to electronic equipment Division 8—Review of decisions 80 Meaning of reviewable decision 81 Notification of decision and review rights 82 Internal review 83 Review of decisions by Administrative Review Tribunal Division 9—Confidentiality of information 84 Definition of protected information for the purposes of Part 3 85 Secretary may give report to certain agencies 86 Authorisation to use information in performing duties or exercising powers under Division 6, 7 or 8 of Part 2 or this Part 87 Authorisation to use information for certain purposes 88 Secretary may authorise use of information 89 Authorisation to use information for purposes of certain proceedings 90 Offence relating to protected information 91 Defence for disclosure to person who provided the information 92 Defence for use of information under particular laws 93 No other exceptions under other laws Division 10—Delegation 94 Secretary may delegate powers and functions under this Part Part 4—Miscellaneous 95 Regulations Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history