Page:Biological Agents and Toxins Act 2005.pdf/12

Rh :(d) the use or possession by any of the following persons of any finished cosmetic or medicinal product consisting of any toxin:
 * (i) any person lawfully manufacturing, supplying, selling or dispensing the finished cosmetic or medicinal product;
 * (ii) any registered medical practitioner using the finished cosmetic or medicinal product in the course of treating another person;
 * (iii) any person using the finished cosmetic or medicinal product for the cosmetic or medical purposes for which it is intended.

(2) Notwithstanding subsection (1), where any biological agent or toxin is provided to any person for any excluded purpose and the person uses the biological agent or toxin for any purpose other than an excluded purpose, this Act shall apply in relation to the possession and use of the biological agent or toxin by that person.

(3) Notwithstanding subsection (1), where any biological agent or toxin is provided to any person for any excluded purpose and the person transfers the biological agent or toxin to any other person for any purpose other than an excluded purpose, this Act shall apply in relation to the transfer and transportation of the biological agent or toxin to, and the possession and use of the biological agent or toxin by, that other person. PART III BIOLOGICAL AGENTS AND INACTIVATED BIOLOGICAL AGENTS Division 1—General Prohibition against use of biological agents for non-peaceful purpose, etc.

5.—(1) No person shall—
 * (a) use;
 * (b) develop or produce;
 * (c) acquire, stockpile, retain or possess; or