52Director‑General of the CDC not satisfied entity handling security‑sensitive biological agent for a legitimate purpose

#### 52 Director‑General of the CDC not satisfied entity handling security‑sensitive biological agent for a legitimate purpose (1) This section applies in relation to a report given to the Director‑General of the CDC by a registered entity under section 48 if: (a) the reportable event to which the report relates is the event referred to in paragraph 48(1)(a) or subparagraph 48(1)(d)(i); and (b) the requirements referred to in paragraph 49(4)(a) are met; and (c) the Director‑General is not satisfied that the purpose stated in the report for which the entity is handling the security‑sensitive biological agent to which the reportable event relates is a legitimate purpose. (2) The Director‑General of the CDC must: (a) decide to vary the National Register, on a temporary basis, to take account of the reportable event; and (b) notify the entity in writing of that fact. (3) The notice under paragraph (2)(b) must also state: (a) the reason for the temporary variation; and (b) that handling a security‑sensitive biological agent for a purpose other than a legitimate purpose may be an offence against the Crimes (Biological Weapons) Act 1976. > Note: The Director‑General of the CDC may refer the matter to the relevant authorities for investigation. (4) If: (a) the entity is convicted of an offence against the Crimes (Biological Weapons) Act 1976 in relation to its handling of the relevant security‑sensitive biological agent to which the reportable event relates; or (b) the entity is found to have committed such an offence but no conviction is recorded; the Director‑General of the CDC must cancel the variation of the National Register made under paragraph (2)(a). (5) If a prosecution for an offence against the Crimes (Biological Weapons) Act 1976, in relation to the entity’s handling of the security‑sensitive biological agent to which the reportable event relates, is not instituted against the entity within 12 months after the date on which the National Register is varied under paragraph (2)(a), the Director‑General of the CDC must vary the National Register to indicate that the variation made under that paragraph is no longer on a temporary basis. (6) A variation of the National Register under subsection (5) must be made: (a) if, within 12 months after the date on which the National Register is varied under paragraph (2)(a), a decision is made not to institute a prosecution for an offence referred to in subsection (5)—as soon as practicable after the Director‑General of the CDC becomes aware of that decision; or (b) in any other case—as soon as practicable after the end of the period of 12 months referred to in subsection (5). (7) If: (a) a prosecution for an offence against the Crimes (Biological Weapons) Act 1976, in relation to the entity’s handling of the security‑sensitive biological agent to which the reportable event relates, is instituted against the entity within 12 months after the date on which the National Register is varied under paragraph (2)(a); and (b) the entity is found not to have committed the offence; the Director‑General of the CDC must vary the National Register to indicate that the variation made under that paragraph is no longer on a temporary basis. (8) A variation of the National Register under subsection (7) must be made as soon as practicable after the end of the proceedings for the offence referred to in that subsection. (9) A person or authority that conducts investigations in relation to offences against the Crimes (Biological Weapons) Act 1976, or institutes or carries on prosecutions for offences against that Act, may disclose personal information to the Director‑General of the CDC for the purpose of assisting the Director‑General to maintain the National Register in an up‑to‑date form. > Note: Subsection (9) constitutes an authorisation for the purposes of other laws, such as paragraph 6.2(b) of Australian Privacy Principle 6.