Biological Agents and Toxins Act 2005 · 2020 Revised Edition · Part 6 · Approvals, Permits and Certification of Facilities
51. Certification of facilities
Feedback & supportLast amended by an amending law of 2023.
Any facility which is required to be a certified facility for the purposes of this Act must be certified by an approved certification body.
facility
“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;
For the purpose of this Act, a certification of a facility under subsection (1) ceases to be valid —
certification
“certification”, in relation to a facility, means a certification under section 51, and includes a re‑certification of the facility;
upon the expiry of one year from the date of the certification; or
upon any design or structural change made to the facility,whichever is earlier.
Where a certification of a facility ceases to be valid under subsection (2), the facility may be re‑certified as a certified facility for the purposes under subsection (1).
certified facility
“certified facility” means a facility certified under section 51;
Where a facility is certified by an approved certification body under this section, the operator of the facility must inform the Director‑General of its certification in such form and manner as the Director‑General may specify and provide to the Director‑General a copy of the certification report issued by the approved certification body, before storing or carrying out any activity involving any biological agent at the certified facility.
operator
“operator”, in relation to a facility, means the person who operates the facility or who has the management or control of the facility;
The operator of a certified facility must comply with such requirements as may be prescribed.
Where —
the operator of a facility stores or carries out any activity involving any biological agent without the facility being certified in accordance with this section;
the operator of a facility stores or carries out any activity involving any biological agent to which the certification relates without notifying the Director‑General of the certification under this section or providing to the Director‑General a copy of the certification report as required under subsection (4); or
the operator of a certified facility fails to comply with any prescribed requirement referred to in subsection (5),the Director‑General may order any one or more of the following:
the immediate cessation of any activity involving any biological agent at the facility;
the destruction of any biological agent at the facility;
the decontamination of the facility;
the closure or cordoning off of the facility until such time as the Director‑General 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 any biological agent at the facility should —
undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or
be quarantined at such place and for such period as the Director‑General may specify in the order.
Any person who contravenes any order made by the Director‑General under subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part of a day during which the offence continues after conviction.
In this section, “approved certification body” means a certification body approved by the Director‑General for the purpose of subsection (1).