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Introduced into the House of
Representatives on 19 September 2012
Portfolio: Health and Aging
1.2
This bill amends the National Health Security Act 2007 to enhance
controls for security sensitive biological agents (SSBAs) by providing for:
- a reporting regime that will apply to entities that handle SSBAs
on a temporary basis to obviate the need for those entities to comply with the
full reporting regime applicable to registered entities;
- the accommodation of registered facilities undertaking emergency
maintenance by removing certain handling requirements or by imposing conditions
to maintain security;
- the imposition of conditions on an entity handling SSBAs during a
period of non-compliance with the SSBA Standards to maintain security of SSBAs;
and
-
consistent exemptions for exempt entities handling SSBAs or
suspected SSBAs.
1.3
The statement of compatibility states that the general purpose of the
bill is to reduce the regulatory burden of certain entities and to provide
greater flexibility in the management of security risks when facilities that
handle SSBAs are not complying with the SSBA Standards or when emergency
maintenance is required. Other proposed measures relate to providing consistent
exemptions for exempt entities and the reporting of negative confirmatory
testing results for suspected SSBAs by registered entities who are initial
testers.
Right to privacy
1.4
The statement identifies that the bill engages the right to privacy
because certain provisions will require mandatory reporting to the Secretary of
the Department of Health and Aging (DoHA). It notes that:
This is potentially a limitation on the right to privacy and
reputation as this information will include the name and contact information of
a person acting as a representative of the entity. This data is required to
ensure that the report is made by an authorised representative of the entity
and so that contact can be made to verify data. Contact information is held at
an appropriate security level for the information obtained.
1.5
The right to privacy is protected in article 17 of International
Covenant on Civil and Political Rights (ICCPR), which provides that no one
shall be subjected to arbitrary or unlawful interference with their privacy.
Collecting, using, storing, disclosing or publishing personal information
amounts to an interference with privacy. In order for the interference not to
be ‘arbitrary’, the interference must be for a legitimate objective and be
reasonable, necessary and proportionate to that objective.
1.6
The statement concludes that the provisions are compatible with the
right to privacy because:
It is considered these rights can be justifiably limited
because of the national security context of handling SSBAs. In addition, the
limitations imposed by the Bill are reasonable, necessary and proportionate to
the level of risk posed by the type of SSBA.
1.7
The committee considers that the bill does not appear to raise any
concerns with regard to the right to privacy in article 17 of ICCPR. The
provisions relating to the requirement to provide information appear to be
sufficiently circumscribed and the type of information required is likely to be
necessary for the effective regulation of SSBAs.
1.8
The committee considers that the bill does not appear to raise any
human rights concerns and the statement of compatibility is adequate.
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