Page:Biological Agents and Toxins Act 2005.pdf/33

34 Prohibition against import of inactivated biological agents without permit

28.—(1) No person shall import or procure the import of—
 * (a) any inactivated First Schedule biological agent; or
 * (b) any inactivated Second Schedule biological agent,

for any purpose unless the import of the inactivated First Schedule biological agent or inactivated Second Schedule biological agent (as the case may be) is authorised by and is carried out in accordance with the conditions of a permit granted by the Director.

(2) The Director shall not grant any permit to import any inactivated First Schedule biological agent or any inactivated Second Schedule biological agent to any person unless the Director is satisfied that the biological agent has been properly inactivated.

(3) Without prejudice to section 50, for the purpose of satisfying himself that any First Schedule biological agent or Second Schedule biological agent has been properly inactivated, the Director may require an applicant for a permit to import to provide such information relating to—
 * (a) the person by whom the inactivation of the First Schedule biological agent or Second Schedule biological agent (as the case may be) has been carried out; and
 * (b) the method of the inactivation used and its efficacy.

(4) Every permit to import an inactivated First Schedule biological agent or an inactivated Second Schedule biological agent shall entitle the holder of the permit to import from the person referred to in subsection (3)(a) any number of consignments of the inactivated First Schedule biological agent or the inactivated Second Schedule biological agent, as specified in the permit, which has been so inactivated using the method referred to in subsection (3)(b).

(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.

Prohibition against transportation by certain means

29.—(1) No person shall transport or procure the transportation of any inactivated First Schedule biological agent or any inactivated Second