{"id":"F2023L01218","name":"National Health Security (SSBA Standards) Determination 2023","slug":"national-health-security-ssba-standards-determination-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104786,"registerId":"commonwealth-F2023L01218-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Health Security (SSBA Standards) Determination 2023.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences the day after the instrument is registered on the Federal Register of Legislation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under subsection 35(1) of the National Health Security Act.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n    In this instrument:\n\n    Act means the National Health Security Act 2007.\n\n    SSBA Standards means the Security Sensitive Biological Agent (SSBA) Standards, dated April 2013, published by the Commonwealth.\n\n    Note: The Security Sensitive Biological Agent (SSBA) Standards can be found on the Department’s website at http://www.health.gov.au/ssba.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Determination","content":"#### 5 Determination\n\n  For subsection 35(1) of the Act, the SSBA Standards are determined.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Schedules","content":"#### 6 Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n  \n\nSchedule 1—Repeals\n\nNational Health Security (SSBA Standards) Determination 2013\n\n1 The whole of the instrument\n\nRepeal the instrument.","sortOrder":5}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument re-declares the April 2013 SSBA Standards as the standards under subsection 35(1) and repeals the earlier 2013 Determination (s5; Schedule 1). The text does not alter the content of the SSBA Standards or expand statutory powers; it is a housekeeping determination that makes those external Standards operative under the Act (s4 note, s5)."},"complexity_factors":["Very short, single-purpose instrument that merely 'determines' an external document as the operative standard (s5).","Relies on an external, separately published standard (SSBA Standards, April 2013) rather than reproducing substantive rules (s4 note).","Formal repeal of a prior instrument (Schedule 1) but no new substantive regulatory text or amendments beyond the determination.","Clear legal authority and simple commencement timing (made under s35(1) (s3); commences day after registration (s2)).","Potential compliance burden is indirect because obligations arise from the external Standards, not from this instrument's text (s4 note, s5)."],"plain_english_summary":"This instrument designates the April 2013 Security Sensitive Biological Agent (SSBA) Standards as the operative standards under subsection 35(1) of the National Health Security Act, so people and organisations regulated by that Act must meet those Standards. It commences the day after registration and is made under subsection 35(1) (ss2–5). It also repeals the earlier 2013 Determination (Schedule 1), creating compliance obligations tied to the externally published SSBA Standards (s4 note, s5)."},"summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"The determination repeals and remakes the 2013 determination without altering the SSBA Standards themselves. The same April 2013 standards document continues to apply, so the scope of regulated activities and persons is unchanged."},"complexity_factors":["The instrument is a brief, single-purpose determination that adopts an existing instrument by reference.","It does not introduce any new rules, amendments or regulatory concepts.","All substantive obligations are contained in the external SSBA Standards document, not in this determination."],"plain_english_summary":"This instrument, under s.35 of the National Health Security Act 2007, adopts by reference the Commonwealth Department of Health’s April 2013 SSBA Standards as the legally binding standards for handling security‑sensitive biological agents and repeals the prior 2013 determination. It affects any facility or person handling SSBAs (labs, universities, research institutes); it refreshes the legal basis without changing existing obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose: to legally incorporate the SSBA Standards under the National Health Security Act. The 2023 version is a straightforward re-enactment/replacement of the 2013 determination without expansion of scope."},"complexity_factors":["Extremely short instrument (only 6 sections)","Only 2 defined terms ('Act' and 'SSBA Standards')","No conditional logic or nested exceptions","Single operative provision (section 5) that simply 'determines' the standards","Minimal cross-referencing (only references to the parent Act and the external standards document)","Mechanical repeal of previous instrument in Schedule 1"],"plain_english_summary":"This legislation updates Australia's rules for handling dangerous biological materials that could be used as weapons.\n\n**What it does:**\n- **Adopts security standards** for 'Security Sensitive Biological Agents' (SSBAs) — these are dangerous viruses, bacteria, and toxins that could be used in bioterrorism or biological warfare. Think things like anthrax, smallpox, or Ebola.\n- **Replaces old rules:** It repeals (cancels) the 2013 version of these standards and replaces it with the 2023 version.\n- **The standards themselves** (published separately by the Health Department in April 2013) set out detailed requirements for how labs and facilities must store, handle, and secure these dangerous substances — including physical security, personnel screening, and record-keeping.\n\n**Who it affects:**\n- Research laboratories, universities, and medical facilities that work with dangerous biological agents\n- The Department of Health and biosecurity regulators\n- Anyone with access to these substances (scientists, technicians, security staff)\n\n**Why it matters:**\nThis is part of Australia's defence against bioterrorism. By legally mandating strict security standards, the law aims to prevent dangerous pathogens from being stolen, accidentally released, or deliberately misused. The 2023 update ensures the regulatory framework stays current and legally valid."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-security-ssba-standards-determination-2023","history":"/api/acts/national-health-security-ssba-standards-determination-2023/history","analysis":"/api/acts/national-health-security-ssba-standards-determination-2023/analysis","conflicts":"/api/acts/national-health-security-ssba-standards-determination-2023/conflicts","importantCases":"/api/acts/national-health-security-ssba-standards-determination-2023/important-cases","documents":"/api/acts/national-health-security-ssba-standards-determination-2023/documents"}}