Page:Biological Agents and Toxins Act 2005.pdf/13

14 :(d) transfer to another person, whether directly or indirectly, any biological agent for any non-peaceful purpose.

(2) Any person who contravenes subsection (1)—
 * (a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term which may extend to life imprisonment or to both; and
 * (b) may be arrested without warrant by a police officer or an enforcement officer.

Division 2—First Schedule biological agents Subdivision (1)—Possession and use Prohibition against possession of First Schedule biological agents without approval

6.—(1) No person shall possess any First Schedule biological agent unless his possession of the First Schedule biological agent is authorised by and is in accordance with the conditions of an approval granted by the Director.

(2) Subject to subsection (3), for the purpose of subsection (1), no approval to possess a First Schedule biological agent shall be granted to any person unless—
 * (a) he is the operator of a certified facility; and
 * (b) where the biological agent is a First Schedule (Part II) biological agent, the facility is a protected place.

(3) Notwithstanding subsection (2)(a), the Director may grant an approval to possess a First Schedule biological agent to the operator of an uncertified facility if the Director is satisfied that any activity involving the use of the First Schedule biological agent will be carried out at such facility in a safe and proper manner.

(4) A person who has been granted an approval to possess a First Schedule biological agent shall keep or use the First Schedule biological agent only at the following places:
 * (a) where he is the operator of a certified facility, at the certified facility specified in the approval to possess; and