Mathias Cormann (WA, Liberal Party, Shadow Parliamentary Secretary for Health Administration) Share this | Link to this | Hansard source

The coalition supports the National Health Security Amendment Bill 2009, which will amend the National Health Security Act 2007 to widen controls over security of biological agents that could be used as weapons—agents known as security sensitive biological agents, or SSBAs. This bill will enable the Minister for Health and Ageing to respond immediately to secure public health and safety in the event of an SSBA related disease outbreak and to establish new controls in the handling of biological agents and the responsibilities of those who do handle them by extending the provisions of the legislation to suspected security sensitive biological agents. The bill will also give inspectors involved in monitoring entities and facilities and dealing with such biological agents search and seizure powers.

The National Health Security Act passed by parliament in 2007 under the previous coalition government was the culmination of lengthy consultations and negotiations between the Commonwealth and state governments, dating back to 2002. It is an important part of Australia’s national security framework. The coalition acknowledges that, in the circumstances of a biological threat to Australian citizens or institutions, the government must be able to use all means at its disposal to negate the threat, which is why, as I have already stated, the coalition supports this bill.

Ursula Stephens (NSW, Australian Labor Party, Parliamentary Secretary for Social Inclusion and the Voluntary Sector) Share this | Link to this | Hansard source

I thank Senator Cormann for indicating the opposition’s support of this important bill. As he so rightly said, it enhances Australia’s obligations for securing certain biological agents that could be used as weapons. Such biological agents, also known as SSBAs or security sensitive biological agents, include the causative agents of diseases such as anthrax, smallpox and the plague.

The National Health Security Amendment Bill 2009 enhances the regulatory scheme for the SSBA in three important ways. First, the proposed amendments enable the responsible minister to respond immediately and appropriately to the challenge of safeguarding public health and security in the event of an SSBA related disease outbreak. The proposed change enables the suspension of certain existing regulatory requirements and the imposition of new conditions to ensure that adequate controls are maintained. Second, the amendment will extend reporting controls to biological agents suspected to be SSBAs. The new provisions will require an entity to report its handlings of suspected SSBAs and comply with new standards of suspected SSBAs. Third, the bill will enhance the investigative powers available under the National Health Security Act, which introduces powers to search premises and seize evidential material and to use necessary and reasonable force in executing the warrant. Importantly, this increase in the investigation powers is complemented by necessary safeguards to ensure proper use of those powers.

In addition, the bill makes some less significant but equally important amendments to improve the administration of the scheme, such as reporting requirements and enabling cancellation of registration. In particular, the bill requires that, in addition to reporting certain events such as the loss or theft of an SSBA to the Secretary of the Department of Health and Ageing, the entity must make a report to local police. While entities would as a matter of practice make a report to police in these circumstances, the proposed changes put that matter beyond doubt and ensure a comprehensive investigation of the incident, including law enforcement input. The proposed amendments also enable the Secretary of the Department of Health and Ageing on application by a registered entity to cancel the registration of an entity or its facility if they no longer handle any SSBAs. This is a sensible change that simply ensures that the entity or its facility is no longer captured by the act and its reporting obligations.

The measures introduced by this bill appropriately enhance the existing regulatory scheme for the SSBAs and it underlines the Rudd government’s commitment to protect all Australians through maintaining controls on biological agents that could be used as weapons.

I thank Senator Cormann for his contribution to the debate. I note that the bill also received the opposition’s support in the House of Representatives, where the honourable members recognised the need for the bill’s measures and supported the government’s position to be ever vigilant against the threat of bioterrorism. I commend the bill to the Senate.

Question agreed to.

Bill read a second time.