Biological Agents and Toxins (Exemption) Regulations 2009

determining the cause of any disease suffered by any person or animal;

assessing the clinical progress of any person or animal;

carrying out the clinical management of any person or animal;

determining the cause of death of any person or animal in an autopsy;

identifying, or determining the nature of, the toxin that is, or that is suspected of being, present in the specimen for public health purposes.

uses the exempted Fifth Schedule toxin for any other purpose; or

transfers the exempted Fifth Schedule toxin to any other person for any other purpose.

ensure that the exempted Fifth Schedule toxin is kept or stored in a facility which is safe and secure, and which is accessible only to persons authorised by the operator of the facility;

report immediately to the Director, in such form and manner as the Director may require —

all adverse incidents involving the exempted Fifth Schedule toxin; and

any loss, whether through theft or otherwise, of the exempted Fifth Schedule toxin;

maintain an inventory of all the exempted Fifth Schedule toxins in the person’s possession, in such form as the Director may require, which must include records of the following:

the place at which each exempted Fifth Schedule toxin is kept or used;

the use to which each exempted Fifth Schedule toxin is to be put and has been put;

the manner of disposal of each exempted Fifth Schedule toxin (where applicable);

the particulars of the transfer of each exempted Fifth Schedule toxin (where applicable), whether within the facility or between the facility and any other facility; and

submit to the Director, in such form and manner as the Director may require —

a report, before 30 June of the current year, on all the exempted Fifth Schedule toxins in the person’s possession between 1 December of the preceding year and 31 May of the current year (both dates inclusive); and

a report, before 31 December of the current year, on all the exempted Fifth Schedule toxins in the person’s possession between 1 June and 30 November of the current year (both dates inclusive).

destroy the specimen in the facility referred to in paragraph (1)(a); or

if the person wishes to retain, transfer or transport the Fifth Schedule toxin, comply with the requirements of the Act relating to the possession, transfer or transportation of Fifth Schedule toxin, respectively.