Page:Biological Agents and Toxins Act 2005.pdf/39

40 transferee does not have an approval to possess the Fifth Schedule toxin as referred to in section 31, 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.

Notifications relating to transfers of Fifth Schedule toxins

36.—(1) Any transferor who wishes to transfer any Fifth Schedule toxin to a transferee shall notify—
 * (a) the Director of the proposed transfer within such time and in such form and manner as the Director may require;
 * (b) the transferee of an estimated time of receipt by the transferee of the toxin being transferred; and
 * (c) the carrier of the toxin (where he is not the transferor or transferee) prior to the despatch of the toxin of a 24-hour emergency number that is monitored at all times by a person who—
 * (i) has knowledge of the hazards and characteristics of the toxin being transported; or
 * (ii) has immediate access to a person who possesses such knowledge and information.

(2) Where a transferee fails to receive any Fifth Schedule toxin which is being transferred to him, the transferee shall immediately notify the Director, in such form and manner as the Director may require, of the failure of receipt.

(3) For the purposes of subsection (2), a transferee shall be deemed to have failed to receive the Fifth Schedule toxin which is being transferred to him if he does not receive the toxin within 24 hours of the estimated time of receipt of the toxin provided by the transferor.

(4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.