Page:Biological Agents and Toxins Act 2005.pdf/61

62 Obstruction of public officers

55.—(1) No person shall at any time hinder, obstruct or molest the Director or any enforcement officer in the performance and execution of his duty or of anything which he is empowered or required to do by virtue or in consequence of or under this Act.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction—
 * (a) in the case of a first offence, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both; and
 * (b) in the case of a second or subsequent offence, to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

Offences by bodies corporate, etc.

56.—(1) Where an offence under this Act committed by a body corporate is proved—
 * (a) to have been committed with the consent or connivance of an officer; or
 * (b) to be attributable to any neglect on his part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(3) Where an offence under this Act committed by a partnership is proved—
 * (a) to have been committed with the consent or connivance of a partner; or
 * (b) to be attributable to any neglect on his part,

the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved—