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Exemption for proficiency testing

Biological Agents and Toxins (Proficiency Testing) Regulations 2008

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—(1) Subject to these Regulations, sections 6, 8(1), 9, 11, 12, 27, 31, 32(1), 33, 35 and 36 and Parts 5 and 6 (with the exception of section 41(e)) of the Act do not apply in relation to the handling of any biological agent or Fifth Schedule toxin in the course of carrying out proficiency testing.(2) Despite paragraph (1), a person must not import or procure the import of any proficiency testing sample unless the import of the proficiency testing sample is authorised by and is carried out in accordance with the conditions of a permit granted by the Director.(3) Despite paragraph (1), where any biological agent or Fifth Schedule toxin is provided to any person for proficiency testing and the person uses the biological agent or Fifth Schedule toxin for any purpose other than for proficiency testing, sections 6, 8(1), 9, 11, 12, 27, 31, 32(1), 33, 35 and 36 and Parts 5 and 6 of the Act apply in relation to the possession and use of the biological agent or Fifth Schedule toxin by that person.(4) Despite paragraph (1), where any biological agent or Fifth Schedule toxin is provided to any person for proficiency testing and the person transfers the biological agent or Fifth Schedule toxin to any other person for any purpose other than for proficiency testing, sections 6, 8(1), 9, 11, 12, 27, 31, 32(1), 33, 35 and 36 and Parts 5 and 6 of the Act apply in relation to the transfer of the biological agent or Fifth Schedule toxin to, and the possession and use of the biological agent or Fifth Schedule toxin by, that other person.

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