{"id":"F2019L00468","name":"Crimes (Biological Weapons) Regulations 2019","slug":"crimes-biological-weapons-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440006,"registerId":"F2019L00468-fast-fetch-1775955810842","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crimes (Biological Weapons) Regulations 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCrimes (Biological Weapons) Regulations 2019\n\nI, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 21 March 2019\n\nPeter Cosgrove\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nChristian Porter\n\nAttorney‑General\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Purpose of this instrument\n\n5 Schedules\n\n6 Definitions\n\nPart 2—Prohibited items\n\n7 Acquisition, storage and labelling of prohibited items\n\n8 Disposal of prohibited items\n\n9 Analysis of certain substances\n\n10 Delegation\n\nSchedule 1—Repeals\n\nCrimes (Biological Weapons) Regulations\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Crimes (Biological Weapons) Regulations 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument 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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 30 March 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Crimes (Biological Weapons) Act 1976.\n\n4  Purpose of this instrument\n\n  For the purposes of section 13 of the Act, this instrument provides for and in relation to:\n\n (a) procedures to be followed in the storage and disposal of substances and articles in respect of which an offence referred to in section 10 of the Act has been, or is alleged to have been, committed; and\n\n (b) an opportunity for a person charged with an offence referred to in section 10 of the Act in respect of a substance referred to in paragraph 8(1)(a) of the Act to have a sample of the substance analysed on the person’s behalf.\n\n5  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n6  Definitions\n\n  In this instrument:\n\nAct means the Crimes (Biological Weapons) Act 1976.\n\nHealth Department means the Department administered by the Minister administering the National Health Act 1953.\n\nprohibited item means a substance or article in respect of which an offence referred to in section 10 of the Act has been, or is alleged to have been, committed.\n\nPart 2—Prohibited items\n\n \n\n7  Acquisition, storage and labelling of prohibited items\n\nNotification requirement\n\n (1) If a person acquires a prohibited item on behalf of the Commonwealth, the person must, as soon as practicable, notify the Commonwealth Chief Medical Officer, in writing, that the person has so acquired the prohibited item.\n\nStorage directions\n\n (2) If the Commonwealth Chief Medical Officer is notified of the acquisition of a prohibited item under subsection (1), the Officer must, in writing, give such directions in relation to the storage of the prohibited item as the Officer considers appropriate in the circumstances.\n\n (3) Without limiting subsection (2), directions under that subsection in relation to the storage of a prohibited item may relate to the following matters:\n\n (a) the place at which the prohibited item is to be stored;\n\n (b) the temperature and relative humidity at which the prohibited item is to be stored;\n\n (c) the type of container (if any) in which the prohibited item is to be stored.\n\n (4) A person who is responsible for the storage of a prohibited item must comply with any direction given under subsection (2) in relation to the item.\n\nLabelling requirements\n\n (5) A person who is responsible for the storage of a prohibited item must ensure that the following information is recorded on a label attached to the prohibited item or to a container in which the prohibited item is stored:\n\n (a) a description of the prohibited item when acquired by a person on behalf of the Commonwealth;\n\n (b) the place, date and time when the prohibited item was so acquired;\n\n (c) the name of the person who so acquired the prohibited item;\n\n (d) particulars of any dealings with the prohibited item after it was so acquired.\n\n8  Disposal of prohibited items\n\n (1) A person must not dispose of a prohibited item unless the person does so in accordance with any directions given under subsection (2).\n\n (2) The Commonwealth Chief Medical Officer may, in writing, give such directions in relation to the disposal of a prohibited item as the Officer considers necessary, having regard to:\n\n (a) the requirements of public health and safety; and\n\n (b) the effect of the disposal on plants and animals.\n\n9  Analysis of certain substances\n\n (1) A person (the offender) who has been charged with an offence referred to in section 10 of the Act in respect of a substance referred to in paragraph 8(1)(a) of the Act may:\n\n (a) nominate another person (the nominee) to analyse a sample of the substance on the offender’s behalf; and\n\n (b) request, in writing, that the Commonwealth Chief Medical Officer permit the nominee to analyse the sample.\n\n (2) If the Commonwealth Chief Medical Officer is satisfied that, because of the nominee’s training and experience, the nominee is competent to analyse the sample, the Officer must permit, in writing, the nominee to analyse the sample.\n\n (3) If the Commonwealth Chief Medical Officer permits the nominee to analyse the sample, the Officer must:\n\n (a) make a sample of the substance available for analysis by the nominee; and\n\n (b) specify, in writing, a time and place for the nominee to analyse the sample; and\n\n (c) maintain control of the sample while the sample is analysed.\n\n (4) A time and place specified by the Commonwealth Chief Medical Officer under paragraph (3)(b) must be reasonable in the circumstances, having regard to:\n\n (a) the nature of the sample to be analysed; and\n\n (b) the requirements of public health and safety.\n\n10  Delegation\n\n (1) The Commonwealth Chief Medical Officer may, in writing, delegate all or any of the Officer’s functions or powers under this instrument to an SES employee, or acting SES employee, in the Health Department.\n\nNote: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations (applying because of subsection 13(1) of the Legislation Act 2003).\n\n (2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the Commonwealth Chief Medical Officer.\n\nSchedule 1—Repeals\n\n \n\nCrimes (Biological Weapons) Regulations\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose: establishing administrative procedures for handling biological materials connected to alleged offences under the parent Act. The scope matches the enabling provision in section 13 of the Crimes (Biological Weapons) Act 1976, which specifically authorises regulations for storage/disposal procedures and rights to sample analysis."},"complexity_factors":["Short instrument: only 10 substantive provisions plus a repeal schedule","Minimal defined terms: only 3 definitions in section 6 (Act, Health Department, prohibited item)","Simple structure: clear Part 1 (preliminary) and Part 2 (operational rules) division","Limited cross-referencing: only references to the parent Act (Crimes (Biological Weapons) Act 1976) and standard interpretation legislation","Straightforward conditional logic: basic 'if-then' structures without nested exceptions","Single delegation provision with standard Acts Interpretation Act 1901 references","No complex transitional provisions or multiple commencement scenarios"],"plain_english_summary":"These regulations set practical rules for how the Commonwealth handles dangerous biological materials seized under Australia's biological weapons laws, placing the Chief Medical Officer in charge of notification, secure storage, labelling, disposal approvals, and delegation. \n\nThey affect Commonwealth officials, the CMO, and people charged with related offences by creating a controlled chain of custody to prevent loss or public-health risk while allowing defendants limited, supervised independent testing of samples."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements procedural rules under the Crimes (Biological Weapons) Act 1976—detailing notification, storage, labelling, disposal and sample‑analysis arrangements—and repeals the earlier Regulations (s 3; s 4; Schedule 1). It does not create or expand criminal offences in the parent Act; it sets how items are handled and how accused persons can obtain sample analysis (ss 7–9)."},"complexity_factors":["Technical subject-matter: rules apply to biological substances and may require specialised storage and testing arrangements (ss 7(2)–(3), 9).","Administrative discretion: the Commonwealth Chief Medical Officer has broad written-direction powers on storage and disposal (ss 7(2), 8(2)).","Compliance burden: mandatory notification, labelling and recordkeeping obligations for persons responsible for storage (ss 7(1), 7(5)).","Procedural safeguard with oversight: accused can nominate an analyst but must obtain CMO permission and the CMO controls custody and timing (s 9(1)–(3)).","Delegation mechanism: CMO may delegate functions to SES employees, adding layers of internal direction and supervision (s 10).","Statutory cross‑references: operation depends on the parent Act’s offence definitions and powers (ss 3–4; references to s 10 and s 8(1)(a) of the Act).","Repeal/transition: the instrument expressly repeals the earlier Regulations, so administrative practice must change where the old instrument applied (Schedule 1)."],"plain_english_summary":"This regulation sets procedural rules for handling 'prohibited items' under the Crimes (Biological Weapons) Act 1976. It requires notification to the Commonwealth Chief Medical Officer when such items are acquired for the Commonwealth, lets the Officer direct storage, labelling and disposal, and allows delegation of those powers (ss 7–8, 10).\n\nA person charged over a substance may nominate a qualified analyst and seek the Chief Medical Officer’s permission to have a sample analysed; the Officer controls access, timing and custody of the sample (s 9)."}},"importantCases":[],"_links":{"self":"/api/acts/crimes-biological-weapons-regulations-2019","history":"/api/acts/crimes-biological-weapons-regulations-2019/history","analysis":"/api/acts/crimes-biological-weapons-regulations-2019/analysis","conflicts":"/api/acts/crimes-biological-weapons-regulations-2019/conflicts","importantCases":"/api/acts/crimes-biological-weapons-regulations-2019/important-cases","documents":"/api/acts/crimes-biological-weapons-regulations-2019/documents"}}