Biological Weapons Act 2011

• Enactment Date: 10 July 2011
• Act Number: 13

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 13 of 2011

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BIOLOGICAL WEAPONS ACT 2011

REVISED

Updated to 28 May 2019

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This Revised Act is an administrative consolidation of the Biological Weapons Act 2011. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, and all statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to revisedacts@lawreform.ie.

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Number 13 of 2011

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BIOLOGICAL WEAPONS ACT 2011

REVISED

Updated to 28 May 2019

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found in the Legislation Directory at www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Merchant Shipping (Registration of Ships) Act 2014 (43/2014)

All Acts up to and including Greyhound Racing Act 2019 (15/2019), enacted 28 May 2019, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None.

All statutory instruments up to and including European Communities (Sheep Identification) (Amendment) Regulations 2019 (S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this revision.

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Number 13 of 2011

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BIOLOGICAL WEAPONS ACT 2011

REVISED

Updated to 28 May 2019

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Acts Referred to

Bail Act 1997	1997, No.16
Companies Acts
Criminal Justice (Psychoactive Substances) Act 2010	2010, No. 22
Mercantile Marine Act 1955	1955, No. 29

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Number 13 of 2011

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BIOLOGICAL WEAPONS ACT 2011

REVISED

Updated to 28 May 2019

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AN ACT TO GIVE FURTHER EFFECT TO THE PROTOCOL FOR THE PROHIBITION OF THE USE IN WAR OF ASPHYXIATING, POISONOUS OR OTHER GASES, AND OF BACTERIOLOGICAL METHODS OF WARFARE, DONE AT GENEVA ON 17 JUNE 1925; TO GIVE FURTHER EFFECT TO THE CONVENTION ON THE PROHIBITION OF THE DEVELOPMENT, PRODUCTION AND STOCKPILING OF BACTERIOLOGICAL (BIOLOGICAL) AND TOXIN WEAPONS AND ON THEIR DESTRUCTION, DONE AT WASHINGTON, LONDON AND MOSCOW ON 10 APRIL 1972; AND TO PROVIDE FOR RELATED MATTERS.

[10th July, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.

Definitions.

1.— In this Act—

“act” includes omission and a reference to the doing of an act includes a reference to the making of an omission;

“hostile purpose” means a purpose other than a prophylactic, protective or other peaceful purpose;

“Minister” means the Minister for Foreign Affairs and Trade;

“prohibited weapon” means any weapon, equipment or means of delivery designed to use a microbial or other biological agent, or toxin (whatever its origin or method of production), for a hostile purpose or in armed conflict.

2.

Offences — development, etc. of biological weapons.

2.— (1) A person shall be guilty of an offence if the person knowingly develops, produces or uses a microbial or other biological agent, or toxin (whatever its origin or method of production), for a hostile purpose.

(2) A person shall be guilty of an offence if—

(a) the person stockpiles, acquires, possesses or retains or transfers to another person a microbial or otherbiological agent, or toxin (whatever its origin or method of production), and

(b) the person does so knowing, or is reckless as to whether or not, the agent or toxin has been developed or produced or is intended to be used for a hostile purpose.

(3) A person shall be guilty of an offence if—

(a) the person develops, produces, uses, stockpiles, acquires, possesses or retains or transfers to another person a prohibited weapon, and

(b) the person does so knowing, or is reckless as to whether or not, it is a prohibited weapon.

(4) A person who attempts to commit an offence under subsection (1), (2) or (3) shall be guilty of an offence.

3.

Offences outside State.

3.— (1) A person who, in a place outside the State, engages in conduct that would, if the conduct occurred in the State, constitute an offence under section 2 shall be guilty of an offence if—

(a) the conduct takes place on board an Irish ship within the meaning of section 9 of the Mercantile Marine Act 1955,

(b) the conduct takes place on board an aircraft registered in the State,

(c) the person is—

(i) an Irish citizen, or

(ii) a body corporate established under the law of the State or a company registered under the Companies Acts,

or

(d) the person is a member of the Defence Forces.

(2) A person to whom subsection (1) applies who attempts, in a place outside the State, to commit an offence under subsection (1), (2) or (3) of section 2 shall be guilty of an offence.

(3) Proceedings for an offence under this section may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(4) If a person is charged with an offence under this section, no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by, or with the consent of, the Director of Public Prosecutions.

Annotations

Amendments:

F1

Amended by Merchant Shipping (Registration of Ships) Act 2014 (43/2014), s. 68 and sch. 4, not commenced as of date of revision.

Modifications (not altering text):

C1

Prospective affecting provision: subs. (1)(a) amended by Merchant Shipping (Registration of Ships) Act 2014...