Document ID: chunk:federal_register_of_legislation:C2009A00100:clause:1_38m
Version: federal_register_of_legislation:C2009A00100
Segment Type: clause
Provision Reference: sch 1 cl 38M
Character Range: 23038–24223

38M  Initial tester must report destruction of biological agent
 (1) If the biological agent is destroyed and confirmatory testing has not been completed when the destruction occurs, the initial tester must give the Secretary a report about the destruction that:
 (a) is in a form approved by the Secretary; and
 (b) includes the information required by the approved form.
 (2) The initial tester must give the Secretary the report within 2 business days after the destruction, or such longer period as the Secretary allows.
 (3) The initial tester need not comply with subsections (1) and (2) if:
 (a) the initial tester's suspicion is that the biological agent was a particular security‑sensitive biological agent or included in a particular class of security‑sensitive biological agents; and
 (b) the initial tester is a registered entity in relation to that particular security‑sensitive biological agent or all security‑sensitive biological agents in that particular class.
Note: In a prosecution of an offence against section 38N, 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.