In forceAmended2020 Revised Edition

Contents

Biological Agents and Toxins Act 2005 · 2020 Revised Edition · Part 3 · Biological Agents and Inactivated Biological Agents

15. Prohibition against possession of Second Schedule biological agents without approval

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Amended

Last amended by an amending law of 2023.

(1)

A person must not possess any Second Schedule biological agent unless the person’s possession of the Second Schedule biological agent is authorised by and is in accordance with the conditions of an approval granted by the Director‑General.

(2)

For the purposes of subsection (1), an approval to possess a Second Schedule biological agent must not be granted to any person unless the person —

(a)

is the operator of a certified facility which is a protected place; and

(b)

has been granted a special approval to handle the Second Schedule biological agent as referred to in section 14.

(3)

A person who has been granted an approval to possess a Second Schedule biological agent must keep or use the Second Schedule biological agent only at the certified facility specified in the approval to possess.

(4)

Any person who —

(a)

possesses any Second Schedule biological agent in contravention of subsection (1); or

(b)

keeps or uses such biological agent at any facility in contravention of subsection (3),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.

(5)

Where any person possesses any Second Schedule biological agent in contravention of subsection (1) or keeps or uses such biological agent at any facility in contravention of subsection (3), the Director‑General may order any one or more of the following:

(a)

the immediate cessation of any activity involving the Second Schedule biological agent carried out by the person at the facility;

(b)

the destruction of the Second Schedule biological agent at the facility;

(c)

the decontamination of the facility;

(d)

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

(e)

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 Second Schedule biological agent at the facility should —

(i)

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

(ii)

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

(6)

Any person who contravenes any order made by the Director‑General under subsection (5) 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.

(7)

This section does not apply to —

(a)

any person who has been engaged to transport any Second Schedule biological agent within Singapore and whose possession of the Second Schedule biological agent 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 Second Schedule biological agent within Singapore pending —

(i)

the delivery of the Second Schedule biological agent to the person who has procured its import into Singapore; or

(ii)

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

Terms defined in s 2

approval
Defined · s 2
“approval” means an approval granted by the Director‑General under this Act;
Open s 2
biological agent
Defined · s 2
“biological agent” means —(a)any micro-organism (including any bacterium, virus, fungus, rickettsia and parasite);(b)any infectious substance (including any prion); or(c)any component of a micro-organism or an infectious substance (but not including any toxin),that is capable of causing death, disease or other biological malfunction in a human;
Open s 2
certified facility
Defined · s 2
“certified facility” means a facility certified under section 51;
Open s 2
Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Health;
Open s 2
facility
Defined · s 2
“facility” means any premises or conveyance that is being used for —(a)the storage of any biological agent or toxin; or(b)the carrying out of any activity involving any biological agent or toxin;
Open s 2
import
Defined · s 2
“import” means to bring into Singapore any goods other than goods in transit or goods which are to be transhipped;
Open s 2
operator
Defined · s 2
“operator”, in relation to a facility, means the person who operates the facility or who has the management or control of the facility;
Open s 2
protected place
Defined · s 2
“protected place” means any premises declared to be a protected place under the Infrastructure Protection Act 2017;
Open s 2
Second Schedule biological agent
Defined · s 2
“Second Schedule biological agent” means any biological agent specified in the Second Schedule;
Open s 2
staff
Defined · s 2
“staff”, in relation to any facility, means —(a)any person employed at the facility to do any work under a contract of service;(b)any consultant assisting the operator of the facility in the carrying out of any activity involving any biological agent or toxin at the facility; and(c)any other person (including any student or intern) authorised by the operator of the facility to carry out any activity involving any biological agent or toxin at the facility;
Open s 2