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

7. Prohibition against large-scale production of First Schedule biological agents without approval

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Amended

Last amended by an amending law of 2023.

(1)

A person must not carry out or procure any large-scale production of any First Schedule biological agent unless the large‑scale production of the First Schedule biological agent —

(a)

is authorised by an approval granted by the Director‑General; and

(b)

is carried out —

(i)

at the facility specified in the approval; and

(ii)

in accordance with the conditions of the approval.

(2)

For the purposes of subsection (1), an approval to produce a First Schedule biological agent must not be granted to any person unless the person has already been granted an approval to possess the First Schedule biological agent as referred to in section 6.

(3)

Where any person produces any First Schedule biological agent at any facility in contravention of subsection (1) —

(a)

the person 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; and

(b)

the Director‑General may order any one or more of the following:

(i)

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

(ii)

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

(iii)

the decontamination of the facility;

(iv)

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

(v)

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 First Schedule biological agent at the facility should —

(A)

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

(B)

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)(b) 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.