Document ID: chunk:federal_register_of_legislation:C2009A00100:clause:1_38p
Version: federal_register_of_legislation:C2009A00100
Segment Type: clause
Provision Reference: sch 1 cl 38P
Character Range: 24588–25295

38P  Direction to dispose of biological agent for failure to comply with section 38B
 (1) This section applies if the initial tester contravenes section 38B.
Note: It does not matter whether the initial tester has been convicted of an offence against section 38C in relation to the non‑compliance.
 (2) The Secretary may give the initial tester a written direction, requiring the initial tester, within the period specified in the direction or such longer period as the Secretary allows, to dispose of its entire holdings of the biological agent in accordance with the SSBA Standards.
 (3) A period specified in a direction given under subsection (2) must be reasonable having regard to the circumstances.