3Definitions

#### 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 Centre for Disease Control means the Australian Centre for Disease Control established by section 7 of the Australian Centre for Disease Control Act 2025. > 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. > Director‑General of the CDC means the Director‑General of the Australian Centre for Disease Control appointed under section 10 of the Australian Centre for Disease Control Act 2025. > 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. > 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.