Singapore legislation

Section 50

of Biological Agents and Toxins Act 2005

Section 50

Approvals and permits

(1)

An application for any approval or permit required under this Act must be made to the Director in such form and manner as the Director may require and must be accompanied by —

(a)

such particulars, information and documents as the Director may specify; and

(b)

if required by the Director, a statutory declaration by the applicant verifying any information contained in or relating to the application.

(2)

An applicant for any approval required under this Act must, if required by the Director or an enforcement officer, provide the Director or enforcement officer access to the facility of the applicant in order that the Director or enforcement officer may inspect such facility and observe the work processes and procedures undertaken thereat.

(3)

Upon considering an application made under subsection (1), the Director may —

(a)

grant the approval or permit applied for, with or without conditions; or

(b)

refuse to grant the approval or permit applied for.

(4)

The Director may at any time vary or revoke any of the existing conditions imposed under subsection (3)(a) or impose new conditions.

(5)

Where the Director refuses to grant any approval or permit under subsection (3)(b), the Director must, if requested to do so in writing by the applicant, state in writing the reasons for the Director’s refusal.

(6)

An approval to possess any biological agent or toxin ceases to be valid upon the occurrence of any of the following events:

(a)

upon the person to whom the approval has been granted ceasing to be the operator of the facility (whether certified or uncertified) specified in the approval;

(b)

where the facility in respect of which the approval has been granted is required under this Act to be a certified facility, upon that facility ceasing to be such a certified facility.

(7)

If the Director has reason to believe that —

(a)

the grant of any approval or permit was obtained by fraud or misrepresentation;

(b)

the person to whom the approval or permit was granted has contravened, is contravening or is likely to contravene any provision of this Act or any condition imposed under subsection (3)(a) or (4); or

(c)

any activity carried out at the facility to which the approval or permit relates poses a risk to public health,the Director may do all or any of the following:

(d)

suspend or cancel the approval or permit;

(e)

order any one or more of the following:

(i)

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

(ii)

the destruction of any biological agent or 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 any biological agent or 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.

(8)

The Director may suspend or cancel any approval or permit without any prior notice of such suspension or revocation.

(9)

Where any approval or permit ceases to be valid or is suspended or cancelled, the Director or an enforcement officer may seize any biological agent or toxin to which the approval or permit relates, and any other material arising out of any activity carried out in relation to or in connection with the biological agent or toxin to which the approval or permit relates.

(10)

Any person who contravenes any order made by the Director under subsection (7)(e) 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.

Section 50 — Biological Agents and Toxins Act 2005 | laws.sg