35Minister may determine standards relating to security‑sensitive biological agents

#### 35 Minister may determine standards relating to security‑sensitive biological agents (1) The Minister may, by legislative instrument, determine standards (SSBA Standards) relating to security‑sensitive biological agents and biological agents that are or have been suspected, on the basis of testing in a laboratory, of being security‑sensitive biological agents. > Note 1: SSBA Standards must be complied with by certain entities that handle or dispose of biological agents suspected of being security‑sensitive biological agents: see sections 38B and 38D. > Note 2: SSBA Standards must be complied with by entities that handle security‑sensitive biological agents: see section 56. (2) Without limiting subsection (1), a standard may set out requirements relating to any of the following: (a) the storage of security‑sensitive biological agents; (b) the security status of individuals who are entitled to handle or dispose of security‑sensitive biological agents; (c) the transport of security‑sensitive biological agents; (d) the handling (including transport) of biological agents suspected, on the basis of testing in a laboratory, of being security‑sensitive biological agents; (e) the disposal of biological agents that are or have been suspected, on the basis of testing in a laboratory, of being security‑sensitive biological agents. (2A) An example of requirements relating to a matter described in paragraph (2)(b) is requirements for background checks of individuals to be conducted under the AusCheck scheme (within the meaning of the AusCheck Act 2007) for the purposes of determining whether they should be authorised to handle or dispose of security‑sensitive biological agents. (3) A standard may set out different requirements to be complied with in respect of different security‑sensitive biological agents. (3A) A standard may set out different requirements relating to a biological agent depending on whether the agent: (a) is merely suspected by a specified entity, on the basis of testing in a laboratory, of being a security‑sensitive biological agent; or (b) is a security‑sensitive biological agent (regardless of any entity’s knowledge or ignorance of that fact); or (c) is known by a specified entity to be a security‑sensitive biological agent; or (d) is known by a specified entity to be a security‑sensitive biological agent and was previously suspected by a specified entity, on the basis of testing in a laboratory, of being a security‑sensitive biological agent. (4) The Minister must not determine a standard unless the standard has been developed in consultation with: (a) persons with scientific or technical knowledge in relation to the security of biological agents; and (b) the States, the Australian Capital Territory and the Northern Territory. (5) Subsection (4) does not prevent the Minister from consulting any other person who the Minister considers may assist the Minister in developing a standard.