In forceAmended2020 Revised Edition

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

27. Prohibition against inactivation of biological agents

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Amended

Last amended by an amending law of 2023.

(1)

A person must not inactivate or procure the inactivation of any First Schedule biological agent or Second Schedule biological agent unless —

(a)

the person has been granted an approval to possess the First Schedule biological agent as referred to in section 6, or an approval to possess the Second Schedule biological agent as referred to in section 15, as the case may be; and

(b)

the inactivation of the biological agent is carried out —

(i)

in accordance with such method as may be approved by the person’s biosafety committee; and

(ii)

at the facility specified in the person’s approval to possess the First Schedule biological agent or Second Schedule biological agent.

(2)

Subsection (1) does not apply insofar as the inactivation relates to the decontamination of any First Schedule biological agent waste or Second Schedule biological agent waste.

(3)

Where any person has inactivated or attempted to inactivate any First Schedule biological agent or Second Schedule biological agent at any facility in contravention of subsection (1) (whether or not the inactivation is successful), the Director‑General may order any one or more of the following:

(a)

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

(b)

the destruction of that First Schedule biological agent or 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 that First Schedule biological agent or 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.

(4)

Any person who contravenes any order made by the Director‑General under subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Terms defined in s 2

approval
Defined · s 2
“approval” means an approval granted by the Director‑General under this Act;
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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;
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biosafety committee
Defined · s 2
“biosafety committee” means a biosafety committee appointed under section 39;
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Director‑General
Defined · s 2
“Director‑General” means the Director‑General of Health;
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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;
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First Schedule biological agent
Defined · s 2
“First Schedule biological agent” means any biological agent specified in the First Schedule;
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inactivated
Defined · s 2
“inactivated”, in relation to a biological agent, means that the biological agent has been rendered non-infectious and unable to replicate itself under any condition;
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Second Schedule biological agent
Defined · s 2
“Second Schedule biological agent” means any biological agent specified in the Second Schedule;
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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;
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