Page:Biological Agents and Toxins Act 2005.pdf/47

48 ::(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 any biological agent or 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.

(2) Any person who contravenes any order made by the Director under subsection (1)(b) shall be guilty of an offence and shall be liable on conviction to be punished as follows:
 * (a) where the offence involves a First Schedule (Part I) biological agent or a Third Schedule biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and
 * (b) where the offence involves a First Schedule (Part II) biological agent, a Second Schedule biological agent or a Fifth Schedule toxin, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.

(3) Where it is proved to the satisfaction of the court that the biosafety committee of a facility has rendered any advice to the operator of the facility under section 39(3) in a reckless or grossly negligent manner or in bad faith, every member of the biosafety committee shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both unless he proves that—
 * (a) the advice was rendered without his consent or connivance; and
 * (b) he had exercised all such diligence to prevent the biosafety committee from rendering that advice as he ought to have exercised in the circumstances.

(4) Where any staff of a facility fails to comply with any measure, policy, programme or code of practice implemented by the biosafety