Singapore legislation

Section 31

of Biological Agents and Toxins Act 2005

Section 31

Prohibition against possession of Fifth Schedule toxins without approval

(1)

A person must not possess any Fifth Schedule toxin unless the person’s possession of the Fifth Schedule toxin is authorised by and is in accordance with the conditions of an approval granted by the Director.

(2)

For the purpose of subsection (1), an approval to possess a Fifth Schedule toxin must not be granted to any person unless the person is the operator of a facility which is a protected place.

(3)

A person who has been granted an approval to possess a Fifth Schedule toxin must keep or use the Fifth Schedule toxin only at such facility as may be specified in the approval to possess.

(4)

Where any person possesses any Fifth Schedule toxin in contravention of subsection (1) or keeps or uses any Fifth Schedule toxin at any facility in contravention of subsection (3) —

(a)

the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both; and

(b)

the Director may order any one or more of the following:

(i)

the immediate cessation of any activity involving the Fifth Schedule toxin carried out by the person at the facility;

(ii)

the destruction of the Fifth Schedule toxin at the facility;

(iii)

the decontamination of the facility;

(iv)

the closure or cordoning off of the facility until such time as the Director is satisfied that the facility may safely resume operation;

(v)

that any person who is or was at the facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to the Fifth Schedule toxin at the facility should —

(A)

undergo such medical examination and medical treatment at such place or hospital as the Director may specify in the order; or

(B)

be quarantined at such place and for such period as the Director may specify in the order.

(5)

Any person who contravenes any order made by the Director under subsection (4)(b) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.

(6)

This section does not apply to —

(a)

any person who has been engaged to transport any Fifth Schedule toxin within Singapore and whose possession of the Fifth Schedule toxin is merely incidental to the person’s transporting it in accordance with such engagement; or

(b)

any person who has been engaged to store any Fifth Schedule toxin within Singapore pending —

(i)

the delivery of the Fifth Schedule toxin to the person who has procured its import into Singapore; or

(ii)

the export of the Fifth Schedule toxin from Singapore in the course of transhipment,and whose possession of the Fifth Schedule toxin is merely incidental to the person’s storing it in accordance with such engagement.

Read in full context — Biological Agents and Toxins Act 2005 →