Power of entry, inspection, search and seizure, etc.
Open ↗52.—(1) For the purpose of the administration and enforcement of this Act, the Director‑General or any enforcement officer may —(a)
at any time and without warrant, enter, inspect and search any premises that are being used or that the Director‑General or enforcement officer has reason to suspect are being used in contravention of this Act, and may —(i)
examine any practice or procedure that is being applied to any activity that has been or is being carried out on the premises;
(ii)
inspect, or remove for inspection, any apparatus, appliance, equipment or instrument used or found on the premises;
(iii)
inspect, test and examine, or remove for inspection, testing and examination, any container or receptacle found on the premises that the Director‑General or enforcement officer reasonably believes to contain or to have contained any biological agent or toxin;
(iv)
inspect, test and examine, or remove for inspection, testing and examination, any substance or material found on the premises (including the product of any activity carried out on the premises) that the Director‑General or enforcement officer reasonably believes to be or to include any biological agent or toxin;
(v)
seize any such apparatus, appliance, equipment, instrument, container, receptacle, substance or material that the Director‑General or enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act; and
(vi)
require the owner of, or the operator of any facility on, the premises to —(A)
decontaminate the premises in such manner as the Director‑General or enforcement officer may specify; and
(B)
stop using, and to prevent any other person from entering or using, the premises until the Director‑General or enforcement officer is satisfied that the premises are safe for use;
(b)
at any time and without warrant, stop, board, inspect and search any conveyance that is being used or that the Director‑General or enforcement officer has reason to suspect is being used in contravention of this Act, and may —(i)
inspect, or remove for inspection, any apparatus, appliance, equipment or instrument used or found on the conveyance;
(ii)
inspect, test and examine, or remove for inspection, testing and examination, any container or receptacle found on the conveyance that the Director‑General or enforcement officer reasonably believes to contain or to have contained any biological agent or toxin;
(iii)
inspect, test and examine, or remove for inspection, testing and examination, any substance or material found on the conveyance that the Director‑General or enforcement officer reasonably believes to be or to include any biological agent or toxin;
(iv)
seize any such apparatus, appliance, equipment, instrument, container, receptacle, substance or material that the Director‑General or enforcement officer reasonably believes to be the subject matter of, or to be connected with the commission of, an offence under this Act; and
(v)
require the owner of or the person using the conveyance to —(A)
decontaminate the conveyance in such manner as the Director‑General or enforcement officer may specify; and
(B)
stop using, and to prevent any other person from using, the conveyance until the Director‑General or enforcement officer is satisfied that the conveyance is safe for use;
(c)
require any person to furnish any information within the person’s knowledge, including information relating to —(i)
any activity that has been or is being carried out on any premises;
(ii)
any person involved in the carrying out of any activity on any premises;
(iii)
any practice or procedure that has been or is being applied to any activity carried out on any premises;
(iv)
any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any activity on any premises; and
(v)
the source of any biological agent or toxin that has been or is being used in the carrying out of any activity on any premises, or which is found on any conveyance,
and may further require such person to attend at a specified time and place for the purposes of complying with this paragraph;
(d)
require any person to produce in a form which is visible and legible and may be taken away, any information stored in any electronic form relating to —(i)
any activity that has been or is being carried out on any premises;
(ii)
any person involved in the carrying out of any activity on any premises;
(iii)
any practice or procedure that has been or is being applied to any activity carried out on any premises;
(iv)
any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any activity on any premises; and
(v)
the source of any biological agent or toxin that has been or is being used in the carrying out of any activity on any premises, or which is found on any conveyance,
and may further require such person to attend at a specified time and place for the purposes of complying with this paragraph;
(e)
require any person to produce any book or document relating to —(i)
any activity that has been or is being carried out on any premises;
(ii)
any person involved in the carrying out of any activity on any premises;
(iii)
any practice or procedure that has been or is being applied to any activity carried out on any premises;
(iv)
any apparatus, appliance, equipment or instrument that has been or is being used in carrying out any activity on any premises; and
(v)
the source of any biological agent or toxin that has been or is being used in the carrying out of any activity on any premises, or which is found on any conveyance,
for inspection, retention or the making of copies thereof by the Director‑General or any enforcement officer, or to provide the Director‑General or any enforcement officer with copies of such book or document; and may further require such person to attend at a specified time and place for the purposes of complying with this paragraph;
(f)
require any person who was or is present on any premises or on any conveyance and whom the Director‑General or enforcement officer has reason to suspect has been exposed to any biological agent or toxin to undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify; and
(g)
arrest without warrant any person whom the Director‑General or enforcement officer has reason to believe has committed any offence under this Act if —(i)
the name and address of that person are unknown;
(ii)
that person refuses or declines to give his or her name or address when required; or
(iii)
the enforcement officer has reason to doubt the accuracy of any name or address given by that person.[10/2008]
[Act 11 of 2023 wef 01/05/2023]
(2) Any person who —(a)
without reasonable excuse, refuses or fails to comply with any requirement of the Director‑General or an enforcement officer under this section; or[Act 11 of 2023 wef 01/05/2023]
(b)
gives any false or misleading information when required to furnish any information to the Director‑General or an enforcement officer under this section,[Act 11 of 2023 wef 01/05/2023]
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
Power to make orders for cessation of activity on facilities, etc.
Open ↗53.—(1) Where the Director‑General has reason to suspect that any storage of or activity involving any biological agent, inactivated biological agent or toxin at or carried out on any facility —(a)
has or is suspected to have given rise, or is likely to give rise, to an adverse incident;
(b)
poses an imminent threat to public health;
(c)
is a threat to national security; or
(d)
is contrary to the public interest,
the Director‑General may order any one or more of the following:
(e)
the immediate cessation of any activity involving any biological agent or toxin at the facility;
(f)
the destruction of any biological agent or toxin at the facility;
(g)
the decontamination of the facility;
(h)
the closure or cordoning off of the facility until such time as the Director‑General is satisfied that the facility may safely resume operation;
(i)
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 —(i)
undergo such medical examination and medical treatment at such place or hospital as the Director‑General may specify in the order; or
(ii)
be quarantined at such place and for such period as the Director‑General may specify in the order.[Act 11 of 2023 wef 01/05/2023]
(2) Any person who contravenes any order made by the Director‑General under subsection (1) 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.[Act 11 of 2023 wef 01/05/2023]
(3) Subsection (1) is in addition to, and not in derogation of, any other provision in this Act empowering the Director‑General to make any similar order referred to in paragraphs (e) to (i) of that subsection.[Act 11 of 2023 wef 01/05/2023]
(4) Where an order is made under this Act by the Director‑General —(a)
for the cessation of any activity at any facility;
(b)
for the destruction of any biological agent, inactivated biological agent or toxin;
(c)
for the decontamination of any facility;
(d)
for the closure or cordoning off of any facility; or
(e)
that any person who may be or may have been exposed to any biological agent or toxin at the facility should undergo any medical examination or medical treatment or be quarantined,
the Director‑General or an enforcement officer may take such measures as may be reasonable and necessary to ensure that the order is properly carried out, including any remedial or precautionary measure as may be necessary for ensuring the safety of persons carrying out the order or who are present at the facility when the order is being carried out.
[Act 11 of 2023 wef 01/05/2023]
(5) Where any order has been made by the Director‑General under this Act for —(a)
the cessation of any activity involving any biological agent, inactivated biological agent or toxin;
(b)
the destruction of any biological agent, inactivated biological agent or toxin; or
(c)
the closure or cordoning off of any facility at which there is any biological agent, inactivated biological agent or toxin,
the Director‑General or an enforcement officer may seize any biological agent, inactivated biological agent or toxin to which the order relates, and any other material arising out of any activity carried out involving the biological agent, inactivated biological agent or toxin.
[Act 11 of 2023 wef 01/05/2023]
Power of seizure
Open ↗54.—(1) Where the Director‑General or an enforcement officer has exercised his or her power of seizure under this Act —(a)
the Director‑General or enforcement officer must immediately give written notice of the seizure to the owner of the matter seized, or the person from whom the matter was seized, and may —(i)
direct that the matter under seizure be kept or stored in the premises or conveyance where it was seized or be removed to any other place to be kept or stored thereat; or
(ii)
dispose of the matter seized immediately if the Director‑General or enforcement officer is of the view that it is decayed, putrefied or deleterious to health; and
(b)
any person aggrieved by the seizure may, within 48 hours after the seizure, complain thereof to a Magistrate’s Court and the Magistrate’s Court may —(i)
confirm the seizure wholly or in part;
(ii)
disallow the seizure wholly or in part;
(iii)
order that any matter that has been seized be returned to its owner, subject to any condition which the Court may think fit to impose to ensure that the matter seized is preserved for any purpose for which it may subsequently be required; or
(iv)
order payment to be made to the owner of or person entitled to the matter seized of such amount as the Court considers reasonable compensation to the owner or person for any loss or depreciation resulting from the seizure.[Act 11 of 2023 wef 01/05/2023]
(2) Where —(a)
no complaint is received by the Magistrate’s Court within 48 hours of the seizure under subsection (1)(b); or
(b)
the Magistrate’s Court confirms the seizure under subsection (1)(b)(i),
the matter seized in its entirety or to the extent to which its seizure was confirmed by the Magistrate’s Court (as the case may be) becomes the property of the Government and must be destroyed, disposed of or otherwise dealt with in such manner as the Director‑General thinks fit.
[Act 11 of 2023 wef 01/05/2023]
Obstruction of public officers
Open ↗55.—(1) A person must not at any time hinder, obstruct or molest the Director‑General or any enforcement officer in the performance and execution of his or her duty or of anything which he or she is empowered or required to do by virtue or in consequence of or under this Act.[Act 11 of 2023 wef 01/05/2023]
(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.
Open ↗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 the officer’s 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) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member 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 the partner’s 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 —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) Regulations may provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.
Liability for offences by agents or servants
Open ↗57. Where an offence under this Act is committed by any person acting as an agent or a servant of another person, or being otherwise subject to the supervision or instruction of another person for the purposes of any employment in the course of which the offence was committed, that other person shall, without prejudice to the liability of the firstmentioned person, be liable under this Act in the same manner and to the same extent as if that other person had personally committed the offence if it is proved that the act which constituted the offence was committed with his or her consent or connivance or that it was attributable to any neglect on his or her part.
Jurisdiction of court
Open ↗58. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act (other than the offences under sections 5, 16 and 30) and has power to impose the full penalty or punishment in respect of the offence.
Composition of offences
Open ↗59.—(1) The Director‑General may compound all offences under this Act, other than the offences specified in the Eighth Schedule, by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.[Act 11 of 2023 wef 01/05/2023]
(2) On payment of the sum of money, no further proceedings are to be taken against that person in respect of such offence.
(3) All sums collected under this section must be paid into the Consolidated Fund.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
