16ASecretary may make determinations relating to testing for diseases

16A Secretary may make determinations relating to testing for diseases

(1) The Secretary, for the purposes of section 16(1)(b), may by written determination—

(a) approve a person or class of person who may test, analyse or undertake a diagnostic examination of any sample or specimen taken from any livestock or livestock product for the purpose of determining whether it is infected with any disease by way of a method approved under paragraph (b); and

(b) approve a method for conducting a class of test, analysis or undertaking of a diagnostic examination referred to in paragraph (a).

(2) In approving a person or class of person under subsection (1)(a), the Secretary must have regard to the qualifications or work experience of the person or class of person.

(3) The Secretary, for the purposes of section 16(4A), may by written determination declare a veterinary diagnostic laboratory to be a small veterinary diagnostic laboratory having regard to the following criteria—

(a) the number of samples or specimens taken from livestock or livestock products tested, analysed or diagnostically examined by the laboratory annually;

(b) the types of tests, analysis or diagnostic examinations performed at the laboratory;

(c) the qualifications of veterinary pathologists employed at the laboratory to carry out tests, analysis or diagnostic examinations performed at the laboratory;

(d) any quality assurance programs established at the laboratory;

(e) the demonstrated mechanisms relating to notification of diseases in livestock or livestock products used at the laboratory.

(4) A determination under this section—

(a) may be unconditional or subject to any condition specified in the order; and

(b) must be published by notice in the Government Gazette as soon as is practicable after it is granted.