Document ID: chunk:federal_register_of_legislation:C2024C00510:section:38b
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 38B
Character Range: 66227–67461

38B  Initial tester must have confirmatory testing or destruction done
 (1) The initial tester must, within 2 business days after forming the suspicion or such longer period as the Secretary allows:
 (a) arrange for the carrying out (by the initial tester or another entity) of further testing (confirmatory testing) of the biological agent to determine whether the biological agent is a security‑sensitive biological agent; or
 (b) destroy the biological agent in accordance with the SSBA Standards.
Note: Sections 38C and 38P set out consequences for contravention of this section.
 (2) The initial tester need not comply with subsection (1) if:
 (a) the initial tester's suspicion is that the biological agent is 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 38C, the defendant bears an evidential burden in relation to the matter in subsection (2) of this section: see subsection 13.3(3) of the Criminal Code.