Document ID: chunk:federal_register_of_legislation:C2024C00510:section:38h
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 38H
Character Range: 70575–72111

38H  Initial tester must report results of confirmatory testing to Secretary
 (1) If confirmatory testing is completed (by the initial tester or another entity), the initial tester must give the Secretary a report that:
 (a) states whether the biological agent is or is not a security‑sensitive biological agent; and
 (b) is in a form approved by the Secretary; and
 (c) includes the information required by the approved form.
 (2) The initial tester must give the Secretary the report within 2 business days after becoming aware of whether the biological agent is or is not a security‑sensitive biological agent or such longer period as the Secretary allows.
 (3) The initial tester need not comply with subsections (1) and (2) if the confirmatory testing:
 (a) was done by the initial tester in the initial testing laboratory; and
 (b) indicates that the biological agent is not a security‑sensitive biological agent.
Note 1: Section 48 will require the initial tester to report to the Secretary (subject to section 38K) if:
(a) the initial tester is a registered entity; and
(b) confirmatory testing indicates that the biological agent is a security‑sensitive biological agent not included in the National Register in relation to the initial tester and the facility where the initial tester has handled the biological agent.
Note 2: In a prosecution of an offence against section 38J, the defendant bears an evidential burden in relation to the matter in subsection (3) of this section: see subsection 13.3(3) of the Criminal Code.