Page:Biological Agents and Toxins Act 2005.pdf/35

36 (2) For the purpose of subsection (1), no approval to possess a Fifth Schedule toxin shall be granted to any person unless he is the operator of a facility which is a protected place.

(3) A person who has been granted an approval to possess a Fifth Schedule toxin shall keep or use the Fifth Schedule toxin only at such facility as may be specified in the approval to possess.

(4) Where any person possesses any Fifth Schedule toxin in contravention of subsection (1) or keeps or uses any Fifth Schedule toxin at any facility in contravention of subsection (3)—
 * (a) he 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 may order any one or more of the following:
 * (i) the immediate cessation of any activity involving the Fifth Schedule toxin carried out by the person at the facility;
 * (ii) the destruction of the Fifth Schedule toxin at the facility;
 * (iii) the decontamination of the facility;
 * (iv) the closure or cordoning off of the facility until such time as the Director 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 Fifth Schedule toxin at the facility should—
 * (A) undergo such medical examination and medical treatment at such place or hospital as the Director may specify in the order; or
 * (B) be quarantined at such place and for such period as the Director may specify in the order.

(5) Any person who contravenes any order made by the Director under subsection (4)(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.