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 Self‑repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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 An Act to provide for national health security, and for related purposes Part 1—Preliminary 1 Short title This Act may be cited as the National Health Security Act 2007. 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 5 and anything in this Act not elsewhere covered by this table The day on which this Act receives the Royal Assent. 28 September 2007 2. Part 2 A single day to be fixed by Proclamation. 28 March 2008 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3. Part 3 A day or days to be fixed by Proclamation. 31 January 2009 However, if any of the provision(s) do not commence within the period of 18 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. (see F2008L04297) 4. Part 4 The day on which this Act receives the Royal Assent. 28 September 2007 Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent. (2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act. 3 Definitions (1) In this Act: Australia, when used in a geographical sense, includes the external Territories. Australian means an Australian citizen or a permanent resident. Australian territory has the meaning given by section 12 of the Biosecurity Act 2015. biological agents includes: (a) bacteria and viruses; and (b) toxins derived from biological sources, including animals, plants and microbes. coronial inquiry means a coronial inquiry, coronial investigation or coronial inquest under a law of the Commonwealth, or of a State or Territory. disease means an illness or medical condition (other than an injury), irrespective of origin or source, that presents or could present significant harm to humans. dispose of a biological agent means the transfer or destruction of the biological agent. emergency maintenance of a facility has the meaning given by subsection 55AA(1). emergency maintenance period for an emergency maintenance report has the meaning given by section 55AB. emergency maintenance report for a facility has the meaning given by subsection 55AA(2). enactment means: (a) an Act of the Commonwealth, a State or a Territory; or (b) an instrument (including rules, regulations and by‑laws) made under an Act of the Commonwealth, a State or a Territory. entity means any of the following: (a) an individual; (b) a body corporate; (c) an agency or instrumentality of the Commonwealth, a State or a Territory. event, for the purposes of Part 2, means: (a) an occurrence of disease, injury or death; or (b) an occurrence, including the release of a chemical, biological or radiological agent, that creates the potential for disease, injury or death. evidential material means any of the following: (a) a thing with respect to which an offence against Part 3 of this Act, or the Crimes (Biological Weapons) Act 1976, has been committed or is suspected, on reasonable grounds, to have been committed; (b) a thing that there are reasonable grounds for suspecting will afford evidence as to the commission of any such offence; (c) a thing that there are reasonable grounds for suspecting is intended to be used for the purpose of committing any such offence. exempt entity has the meaning given by section 40. facility includes: (a) a building, or part of a building; and (b) a laboratory (including a mobile laboratory). handling a biological agent includes: (a) receiving, holding, using and storing the biological agent; and (b) any operation incidental to, or arising out of, any of those operations. Note 1: Subsection 39(2) affects when an entity is treated for the purposes of Division 5 of Part 3 as handling a security‑sensitive biological agent that is a toxin. Note 2: An entity that handles a biological agent only for the purpose of transporting it from one place to another place is exempt from the requirements of Division 5 of Part 3: see subsection 40(1). inspector means a person appointed as an inspector under section 63. intelligence agency means a Commonwealth government agency that has responsibility for intelligence gathering or security. International Health Regulations means the International Health Regulations 2005, done at Geneva on 23 May 2005, as in force for Australia from time to time. Note: In 2007, the text of the International Health Regulations was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au). legitimate purpose, for an entity to handle a security‑sensitive biological agent, has the meaning given by section 41. listed human disease has the meaning given by section 42 of the Biosecurity Act 2015. List of Security‑sensitive Biological Agents means the list established under section 31, as the list is in force from time to time. monitoring warrant means a warrant issued under section 69. National Focal Point has the meaning given by section 9. National Health Security Agreement means the agreement entered into by the Minister under section 7, as the Agreement is in force from time to time. National Notifiable Disease List means the list established under section 11, as the list is in force from time to time. National Register means the National Register of Security‑sensitive Biological Agents established under section 36, as the National Register is in force from time to time. offence‑related powers has the meaning given by section 70A. offence‑related warrant means: (a) a warrant issued by a magistrate under section 70M; or (b) a warrant signed by a magistrate under section 70N. overseas mass casualty means an event occurring overseas, if: (a) more than one person (whether an Australian or otherwise): (i) is affected by a disease, or is injured or dies; and (ii) needs to be repatriated, identified or treated, or needs to be brought to Australia for treatment; and (b) a responsible Commonwealth, State or Territory body is involved in responding to the event. permanent resident means a person who is, within the meaning of the Migration Act 1958, the holder of a permanent visa. permissible purpose has the meaning given by section 8. personal information has the same meaning as in the Privacy Act 1988. person assisting an inspector has the meaning given by section 70B. premises includes the following: (a) a facility; (b) a place (including an area of land); (c) any part of premises (including premises referred to in paragraphs (a) and (b)). protected information: (a) for the purposes of Part 2—has the meaning given by section 18; and (b) for the purposes of Part 3—has the meaning given by section 84. public health event of national significance means any of the following events: (a) one or more cases or potential cases of a disease listed on the National Notifiable Disease List; (b) an urgent event; (c) an overseas mass casualty; (ca) if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates, if the emergency relates to public health; (d) a public health risk (other than an event covered by paragraph (a), (b), (c) or (ca)). public health observation means the monitoring of the health of a person for the purposes of determining the risk of transmission of a disease. public health risk means an event: (a) that might adversely affect the health of human populations; and (b) that satisfies any one or more of the following conditions: (i) the health effects of the event might spread within Australia; (ii) the health effects of the event might spread between Australia and another country; (iii) the health effects of the event might spread between 2 other countries; (iv) the event might present a serious and direct danger. register an entity means include the entity on the National Register in relation to one or more security‑sensitive biological agents handled by the entity at one or more facilities. registered entity means an entity that is registered under section 44 or 47. reportable event means an event referred to in subsection 48(1). reportable quantity, in relation to a toxin included in the List of Security‑sensitive Biological Agents, means the quantity (if any) specified in the list as the reportable quantity of that toxin. responsible Commonwealth, State or Territory body, when used in a provision of Part 2, means a body that is determined under subsection (2) to be a responsible Commonwealth, State or Territory body for the purposes of the provision of Part 2. reviewable decision, for the purposes of Division 8 of Part 3, has the meaning given by section 80. sample of a biological agent includes: (a) a subculture of the agent; and (b) a preparation made from the agent. Secretary means the Secretary of the Department. security‑sensitive biological agent means a biological agent that is included in the List of Security‑sensitive Biological Agents. SSBA means security‑sensitive biological agent. SSBA Standards means the standards determined by the Minister under section 35. State or Territory Health Minister means: (a) the Minister of a State; or (b) the Minister of the Australian Capital Territory; or (c) the Minister of the Northern Territory; who is responsible, or principally responsible, for the administration of matters relating to health in the State, the Australian Capital Territory or the Northern Territory, as the case may be. State Party means a State that is a signatory to the International Health Regulations. temporary handling disposal report for a sample of a security‑sensitive biological agent has the meaning given by subsection 60AD(2). temporary handling period for a sample of a security‑sensitive biological agent has the meaning given by section 60AB. temporary handling report for a sample of a security‑sensitive biological agent has the meaning given by subsection 60AA(1). temporary handling Standard has the meaning given by section 60AJ. traveller means a person undertaking a voyage in which the person enters, or will enter, a country other than the country from which the person began the voyage. urgent event means an event: (a) that causes, or creates the potential for, levels of disease, injury or death above the levels that would otherwise be expected for the time and place where the event occurs; and (b) in respect of which any of the following applies: (i) the event has or might have a serious impact on public health; (ii) in the case of a disease—the event is unusual or unexpected, and has a high potential to spread (whether within Australia or between Australia and another country); (iii) otherwise—the event is unusual or unexpected, and the health effects of the event have a high potential to spread (whether within Australia or between Australia and another country). Note 1: For examples of events that might have a serious impact on public health, see the examples under question I of Annex 2 of the International Health Regulations ("Is the public health impact of the event serious?"). Note 2: For examples of events that are unusual or unexpected, see the examples under question II of Annex 2 of the International Health Regulations ("Is the event unusual or unexpected?"). (2) The Minister may, by legislative instrument, determine any of the following bodies to be a responsible Commonwealth, State or Territory body for the purposes of a provision of Part 2: (a) one or more bodies of the Commonwealth; (b) one or more bodies, nominated by a State or Territory Health Minister, of each State, the Australian Capital Territory and the Northern Territory. 4 Binding the Crown (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory. (2) This Act does not make the Crown liable to be prosecuted for an offence. 5 Application of laws to external Territories This Act extends to every external Territory. Part 2—Public health surveillance Division 1—Objects of Part 6 Objects of Part The objects of this Part are: (a) to provide a national system of public health surveillance to enhance the capacity of the Commonwealth and the States and Territories to identify, and respond to, public health events of national significance which include: (i) the occurrence of certain communicable diseases; or (ii) certain releases of chemical, biological or radiological agents; or (iii) the occurrence of public health risks; or (iv) the occurrence of overseas mass casualties; and (b) to provide for the sharing of information with: (i) the World Health Organization; and (ii) countries affected by an event relating to public health or an overseas mass casualty; and (c) to support the Commonwealth and the States and Territories in giving effect to the International Health Regulations (other than as mentioned in paragraphs (a) and (b)). Division 2—National Health Security Agreement 7 National Health Security Agreement (1) The Minister, on behalf of the Commonwealth, may enter into an agreement with the States, the Australian Capital Territory and the Northern Territory for any one or more of the following purposes: (a) providing for the sharing of information between the Commonwealth, the States and the Territories in relation to communicable diseases, in order to enhance: (i) the understanding of the epidemiology of those diseases; and (ii) the understanding of the threats of those diseases; and (iii) the ability within Australia to respond to those diseases; (b) formalising and enhancing consultation between the Commonwealth, the States and the Territories in relation to public health events of national significance; (c) enhancing the ability within Australia to identify and respond quickly to public health events of national significance; (d) facilitating the monitoring of public health events of national significance within Australia. (2) Subsection (1) does not, by implication, limit the executive power of the Commonwealth to enter into agreements. Note: This subsection allows the National Health Security Agreement to cover purposes other than those mentioned in subsection (1). Division 3—Permissible purposes 8 Permissible purposes For the purposes of this Part, each of the following is a permissible purpose: (a) preventing, protecting against, controlling or responding to a public health event of national significance (other than an overseas mass casualty); (b) giving effect to the International Health Regulations (other than as mentioned in paragraph (a)); (c) if an Australian suffers from a disease, or is injured or dies, as a result of an overseas mass casualty—facilitating: (i) the identification of the Australian (whether in Australia or overseas); and (ii) the repatriation of the Australian to Australia; and (iii) the treatment of the Australian (whether in Australia or overseas); (d) if a person who is not an Australian suffers from a disease, or is injured or dies, as a result of an overseas mass casualty—facilitating: (i) the identification of the person (whether within Australia or overseas); and (ii) bringing the person to Australia for treatment; and (iii) the treatment in Australia of the person; (e) preventing, or reducing the possibility of, a listed human disease entering, or emerging, establishing itself or spreading in, Australian territory or a part of Australian territory; (f) preventing a listed human disease from spreading to another country. Division 4—National Focal Point 9 Meaning of National Focal Point The National Focal Point means: (a) the Secretary; and (b) the persons, offices or positions (if any) nominated in writing by the Secretary for the purposes of this section. 10 Functions of the National Focal Point The functions of the National Focal Point are the following: (a) to liaise with responsible Commonwealth, State or Territory bodies in relation to public health events of national significance; (b) to liaise with and be accessible to the World Health Organization and States Parties at all times for the purposes of giving effect to the International Health Regulations; (c) to liaise with responsible Commonwealth, State or Territory bodies for the purposes of giving effect to the International Health Regulations; (d) any other functions given to the National Focal Point under: (i) this Act or the regulations; or (ii) any other Act. Division 5—National Notifiable Disease List 11 National Notifiable Disease List (1) The Minister must, by legislative instrument, establish a list of diseases, to be called the National Notifiable Disease List. (2) The Minister may include a disease in the list if the Minister considers that an outbreak of the disease would be a public health risk. (3) The Minister may vary the list by: (a) adding a disease if the Minister considers that an outbreak of the disease would be a public health risk; or (b) removing a disease if the Minister no longer considers that an outbreak of the disease would be a public health risk. (4) A variation under subsection (3) is a legislative instrument. (5) In making or varying the list, the Minister must consult: (a) the Commonwealth Chief Medical Officer; and (b) each State or Territory Health Minister. 12 Temporary additions to the National Notifiable Disease List (1) In addition to the Minister's power, under subsection 11(3), to vary the National Notifiable Disease List, the Minister or the Commonwealth Chief Medical Officer may vary the list by adding a disease if the Minister or the Commonwealth Chief Medical Officer (as the case requires) considers that an outbreak of the disease would be a public health risk. (2) A variation u