Page:Biological Agents and Toxins Act 2005.pdf/17

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18
NO. 36 OF 2005


conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both.

Subdivision (2)—Import and transhipment

Prohibition against import or transhipment of First Schedule biological agents without permit

8.—(1) No person shall import or procure the import of any First Schedule biological agent unless the import of the First Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director.

(2) No person shall tranship any First Schedule biological agent unless the transhipment of the First Schedule biological agent is authorised by and is carried out in accordance with the conditions of a permit granted by the Director.

(3) For the purposes of subsection (1), no permit to import a First Schedule biological agent shall be granted to any person unless he has already been granted an approval to possess the First Schedule biological agent as referred to in section 6.

(4) Every permit to import or tranship a First Schedule biological agent shall be valid only in respect of one consignment of the First Schedule biological agent for which an application for the permit has been made.

(5) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to be punished as follows:

(a) in the case of a First Schedule (Part I) biological agent, with a fine not exceeding $10,000 or with imprisonment for a term not exceeding 12 months or with both; and
(b) in the case of a First Schedule (Part II) biological agent, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 10 years or with both.

Notification of failure of receipt of import

9.—(1) Every holder of a permit to import any First Schedule (Part II) biological agent shall immediately notify the Director, in such form and manner as the Director may require, in the event he fails to receive the consignment of the First Schedule (Part II) biological agent to which the permit to import relates.