Singapore legislation

Section 63

of Biological Agents and Toxins Act 2005

Section 63

Regulations

(1)

The Minister may make regulations for carrying out the purposes and provisions of this Act.

(2)

Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:

(a)

the regulation of the possession, storage, use, import, transfer, transportation and disposal of scheduled biological agents, inactivated scheduled biological agents and Fifth Schedule toxins, including —

(i)

the imposition of duties and obligations of persons who possess, store, use, import, transfer, transport or dispose of such biological agents, inactivated biological agents and toxins; and

(ii)

the measures, practices, procedures, processes and standards to be adopted and implemented in the possession, storage, use, import, transfer, transportation and disposal of such biological agents, inactivated biological agents and toxins;

(b)

the regulation of the design and structural requirements of facilities;

(c)

the qualifications of persons controlling, managing or carrying out the storage or disposal of, or activities involving, any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin at any facility;

(d)

the measures to be adopted and implemented for dealing with and investigating into any adverse incident and the procedures for the reporting of such adverse incident to the Director;

(e)

the duties and obligations of operators, biosafety committees, biosafety co‑ordinators and staff of facilities (in addition to the duties and obligations of such persons specified in this Act);

(f)

the procedures of biosafety committees;

(g)

the prescribing of fees payable for the purposes of this Act;

(h)

such matters as may be required by this Act to be prescribed;

(i)

such other matter as the Minister thinks necessary for the administration and enforcement of this Act.

(3)

The Minister may, in making any regulations under this section —

(a)

provide that where there has been any contravention of any provision thereof, the Director may, as may be appropriate, order —

(i)

the immediate cessation of any activity involving any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin;

(ii)

the destruction of any scheduled biological agent, inactivated scheduled biological agent or Fifth Schedule toxin;

(iii)

the decontamination of any facility;

(iv)

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

(v)

that any person who is or was at any facility (whether as a member of the staff of the facility or otherwise) and who may be or may have been exposed to any scheduled biological agent, inactivated scheduled biological agent or 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; and

(b)

provide that a contravention of any provision of the regulations or an order referred to in paragraph (a) made under the regulations shall be an offence punishable —

(i)

in relation to or in connection with any First Schedule (Part 1) biological agent, Third Schedule biological agent or Fourth Schedule biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and

(ii)

in relation to or in connection with any First Schedule (Part 2) biological agent, Second Schedule biological agent or Fifth Schedule toxin, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.

(4)

In this section —

Definition

“inactivated scheduled biological agent” means a First Schedule biological agent, a Second Schedule biological agent, a Third Schedule biological agent or a Fourth Schedule biological agent that has been inactivated;

Definition

“scheduled biological agent” means a First Schedule biological agent, a Second Schedule biological agent, a Third Schedule biological agent or a Fourth Schedule biological agent.