In forceAmended2020 Revised Edition

Contents

Biological Agents and Toxins Act 2005 · 2020 Revised Edition · Part 5 · Duties and Obligations in Relation to Biological Agents and Toxins

39. Appointment of biosafety committee and biosafety co‑ordinator

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Amended

Last amended by an amending law of 2023.

(1)

Every operator of a facility must, in accordance with such requirements as may be prescribed —

(a)

appoint a biosafety committee comprising the persons specified in the Sixth Schedule; and

(b)

appoint a biosafety co-ordinator.

(2)

The biosafety co-ordinator of a facility must undergo such training as the Director‑General may from time to time require.

(3)

Subject to subsection (4), every operator of a facility must, before carrying out any of the following activities at the facility, obtain the advice of the biosafety committee as to the safety measures required for the carrying out of that activity:

(a)

any activity involving any biological agent or toxin;

(b)

the inactivation of any biological agent.

(4)

Nothing in subsection (3) requires the operator of a facility to obtain the advice of the biosafety committee in respect of an activity which the operator proposes to carry out at the facility if the proposed activity is of the same type and is to be carried out in the same manner as an activity in respect of which the operator had previously obtained the advice of the biosafety committee in accordance with that subsection and which had been carried out safely.

(5)

In order to properly advise the operator of a facility as to the safety measures required for the carrying out of any activity referred to in subsection (3) at the facility, the biosafety committee must —

(a)

conduct risk assessments in relation to the activity proposed to be carried out;

(b)

devise such measures for the management of the risks that may arise from the proposed activity; and

(c)

formulate such other policies, programmes and codes of practice as may be necessary for —

(i)

the proposed activity to be carried out safely at the facility; and

(ii)

the training of staff who will be involved in the carrying out of the proposed activity.

(6)

An operator of a facility must not commence or allow the commencement of any activity involving any biological agent or toxin at the facility unless —

(a)

the biosafety committee has determined that the proposed activity may be carried out safely at the facility;

(b)

the biosafety co-ordinator has implemented the measures, policies, programmes and codes of practice as devised or formulated by the biosafety committee under subsection (5); and

(c)

where the proposed activity involves the use of any biological agent inactivated at the facility, the biosafety committee has verified that the biological agent has been properly inactivated.

(7)

The biosafety committee must review every 2 years or earlier, as may be appropriate, all measures, policies, programmes and codes of practice devised or formulated by it under subsection (5), and must immediately inform the operator of the facility of any change to such measures, policies, programmes and codes of practice as the biosafety committee thinks necessary.

(8)

Where the biosafety committee has proposed changes to any existing measure, policy, programme or code of practice —

(a)

the biosafety co-ordinator of the facility must implement such changes as soon as possible within the timeframe stipulated by the biosafety committee; and

(b)

the operator of the facility must, if so advised by the biosafety committee, discontinue the activity to which the changes relate until such time as the biosafety co-ordinator has implemented those changes.