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← Biological Agents and Toxins Act 2005

Biological Agents and Toxins Act 2005 s 52

s 52 Power of entry, inspection, search and seizure, etc.

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.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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