Document ID: chunk:federal_register_of_legislation:C2009A00100:clause:1_60a
Version: federal_register_of_legislation:C2009A00100
Segment Type: clause
Provision Reference: sch 1 cl 60A
Character Range: 6758–8580

60A  Minister may suspend Division 5 to deal with threats
 (1) The Minister may, by legislative instrument, specify that one or both of the following do not apply for a specified period in relation to one or more specified security‑sensitive biological agents, subject to the conditions (if any) specified:
 (a) all or specified provisions of Division 5;
 (b) section 56, so far as it relates to specified provisions of the SSBA Standards.
 (2) The Minister may make a legislative instrument under subsection (1) relating to a security‑sensitive biological agent only if:
 (a) the Minister is satisfied, after considering advice from a person covered by subsection (3), that there is a threat involving the agent to one or more of the following:
 (i) the health or safety of people;
 (ii) the economy;
 (iii) the environment; and
 (b) the Minister is satisfied, after considering advice from the Secretary, that the making of the legislative instrument would help to reduce the threat and maintain adequate controls for the security of all security‑sensitive biological agents.
 (3) This subsection covers:
 (a) the Commonwealth Chief Medical Officer; and
 (b) the Commonwealth Chief Veterinary Officer; and
 (c) another person whom the Minister believes has scientific or technical knowledge in relation to security‑sensitive biological agents.

When legislative instrument takes effect
 (4) A legislative instrument made under subsection (1) takes effect:
 (a) on the day on which the instrument is made; or
 (b) if the instrument specifies a later day as the day on which it takes effect, on that day.
 (5) Subsection (4) has effect despite section 12 of the Legislative Instruments Act 2003.

Effect of legislative instrument
 (6) A legislative instrument made under subsection (1) has effect according to its terms.