Section 45

the operator shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction; and

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

the immediate cessation of any activity involving any biological agent or toxin at the facility;

the destruction of any biological agent or toxin at the facility;

the decontamination of the facility;

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

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 any biological agent or toxin at the facility should —

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

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

where the offence involves a First Schedule (Part 1) biological agent or a Third Schedule biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and

where the offence involves a First Schedule (Part 2) biological agent, a Second Schedule biological agent or a Fifth Schedule toxin, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.

the advice was rendered without the member’s consent or connivance; and

the member had exercised all such diligence to prevent the biosafety committee from rendering that advice as the member ought to have exercised in the circumstances.