Page:Biological Agents and Toxins Act 2005.pdf/23

24 (2) For the purposes of subsection (1), no approval to possess a Second Schedule biological agent shall be granted to any person unless he—
 * (a) is the operator of a certified facility which is a protected place; and
 * (b) has been granted a special approval to handle the Second Schedule biological agent as referred to in section 14.

(3) A person who has been granted an approval to possess a Second Schedule biological agent shall keep or use the Second Schedule biological agent only at the certified facility specified in the approval to possess.

(4) Any person who—
 * (a) possesses any Second Schedule biological agent in contravention of subsection (1); or
 * (b) keeps or uses such biological agent at any facility in contravention of subsection (3),

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.

(5) Where any person possesses any Second Schedule biological agent in contravention of subsection (1) or keeps or uses such biological agent at any facility in contravention of subsection (3), the Director may order any one or more of the following:
 * (a) the immediate cessation of any activity involving the Second Schedule biological agent carried out by the person at the facility;
 * (b) the destruction of the Second Schedule biological agent at the facility;
 * (c) the decontamination of the facility;
 * (d) the closure or cordoning off of the facility until such time as the Director is satisfied that the facility may safely resume operation;
 * (e) 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 Second Schedule biological agent at the facility should—