Biosafety Act 2007 · s 33

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33.
Circumstances where Board may make further order on notification
(1)
Notwithstanding the power of the Board to take any action under subsection 32(2), the Board may make a cessation order, impose any additional terms and conditions, order the approved person to make rectifications, or make any other order as the Board thinks fit in the interest of biosafety in the following circumstances:
(a)  where there is a risk posed to human, plant or animal health, the environment or biological diversity;
(b)  where the approved person fails to comply with any terms and conditions imposed on the notification;
(c)  where the approved person fails to comply with any order made by the Board;
(d)  where the approved person has contravened any of the provisions of this Act or any regulations made under this
Act whether or not any prosecution has been instituted against him; or

32                                       Laws of Malaysia                          ACT 678
(e)  where the approved person has been convicted for an offence under this Act or any regulations made under this
Act.
(2)  Where the Board makes a cessation order, the approved person shall cease all activities involving living modified organisms immediately and shall, within seven days from the date of the notification of the cessation, surrender the acknowledgement of the submission of notification issued under section 25 to the Board.
(3)  Any approved person who contravenes any order made by the
Board under subsection (1) or contravenes subsection (2) commits an offence and shall, on conviction, be liable—
(a)  where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both and, in the case of a continuing offence, to a further fine not exceeding ten thousand ringgit for each day during which the offence continues after conviction;
(b)  where such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit and, in the case of a continuing offence, to a further fine not exceeding twenty thousand ringgit for each day during which the offence continues after conviction.

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s 33Circumstances where Board may make further order on notification

(1)

Notwithstanding the power of the Board to take any action under subsection 32(2), the Board may make a cessation order, impose any additional terms and conditions, order the approved person to make rectifications, or make any other order as the Board thinks fit in the interest of biosafety in the following circumstances:

(a)

where there is a risk posed to human, plant or animal health, the environment or biological diversity;

(b)

where the approved person fails to comply with any terms and conditions imposed on the notification;

(c)

where the approved person fails to comply with any order made by the Board;

(d)

where the approved person has contravened any of the provisions of this Act or any regulations made under this

Act whether or not any prosecution has been instituted against him; or

32 Laws of Malaysia ACT 678

(e)

where the approved person has been convicted for an offence under this Act or any regulations made under this

Act.

(2)

Where the Board makes a cessation order, the approved person shall cease all activities involving living modified organisms immediately and shall, within seven days from the date of the notification of the cessation, surrender the acknowledgement of the submission of notification issued under section 25 to the Board.

(3)

Any approved person who contravenes any order made by the

Board under subsection (1) or contravenes subsection (2) commits an offence and shall, on conviction, be liable—

(a)

where such person is an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding four years or to both and, in the case of a continuing offence, to a further fine not exceeding ten thousand ringgit for each day during which the offence continues after conviction;

(b)

where such person is a body corporate, to a fine not exceeding two hundred and fifty thousand ringgit and, in the case of a continuing offence, to a further fine not exceeding twenty thousand ringgit for each day during which the offence continues after conviction.