Singapore legislation
Section 6
Section 6
Prohibition against possession of First Schedule biological agents without approval
(1)
A person must not possess any First Schedule biological agent unless the person’s possession of the First Schedule biological agent is authorised by and is in accordance with the conditions of an approval granted by the Director.
(2)
Subject to subsection (3), for the purpose of subsection (1), no approval to possess a First Schedule biological agent may be granted to any person unless —
the person is the operator of a certified facility; and
where the biological agent is a First Schedule (Part 2) biological agent, the facility is a protected place.
(3)
Despite subsection (2)(a), the Director may grant an approval to possess a First Schedule biological agent to the operator of an uncertified facility if the Director is satisfied that any activity involving the use of the First Schedule biological agent will be carried out at such facility in a safe and proper manner.
(4)
A person who has been granted an approval to possess a First Schedule biological agent must keep or use the First Schedule biological agent only at the following places:
where the person is the operator of a certified facility, at the certified facility specified in the approval to possess; and
where the person is the operator of an uncertified facility, at such facility as may be specified in the approval to possess.
(5)
Any person who —
possesses any First Schedule biological agent in contravention of subsection (1); or
keeps or uses such biological agent at any facility in contravention of subsection (4),shall be guilty of an offence and shall be liable on conviction to be punished as follows:
in the case of a First Schedule (Part 1) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and
in the case of a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.
(6)
Where any person possesses any First Schedule biological agent in contravention of subsection (1) or keeps or uses such biological agent at any facility in contravention of subsection (4), the Director may order any one or more of the following:
the immediate cessation of any activity involving the First Schedule biological agent carried out by the person at the facility;
the destruction of the First Schedule biological agent 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 the First Schedule biological agent 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.
(7)
Any person who contravenes any order made by the Director under subsection (6) shall be guilty of an offence and shall be liable on conviction to be punished as follows:
where the order has been made in relation to or in connection with a First Schedule (Part 1) 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 order has been made in relation to or in connection with a First Schedule (Part 2) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.
(8)
This section does not apply to —
any person who has been engaged to transport any First Schedule biological agent within Singapore and whose possession of the First Schedule biological agent is merely incidental to the person’s transporting it in accordance with such engagement; or
any person who has been engaged to store any First Schedule biological agent within Singapore pending —
the delivery of the First Schedule biological agent to the person who has procured its import into Singapore; or
the export of the First Schedule biological agent from Singapore in the course of transhipment,and whose possession of the First Schedule biological agent is merely incidental to the person’s storing it in accordance with such engagement.