Reform history

**1**.— In this Act—

“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**.— (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—

(*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.

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

**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—

(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.

**4**.— A person guilty of an offence under *section 2* or *3* shall be liable—

or both.

**5**.— (1) In any proceedings relating to an offence under *section 3* in the circumstances referred to in *subsection (1)(c)(i)* of that section—

(*b*) to have been signed by the person purporting to have signed it.

**6**.— A person who has been acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence under this Act consisting of the act that constituted the offence of which the person has been acquitted or convicted.

**7**.— In proceedings for an offence under this Act, where a person has developed, produced or used, or attempted to develop, produce or use, a microbial or other biological agent, or toxin (whatever its origin or method of production), of such a type and in such a quantity that it is reasonable to conclude that the person did so knowingly for a hostile purpose, the person is presumed to have done so knowingly for such a purpose unless the court or jury, as the case may be, is satisfied, having regard to the whole of the evidence, that there is a reasonable doubt that the person did so knowingly for such a purpose.

**8**.— In proceedings for an offence under this Act, where a person has stockpiled, acquired, possessed or retained or transferred to another person, or attempted to stockpile, acquire, possess or retain or transfer to another person, a microbial or other biological agent, or toxin (whatever its origin or method of production), of such a type and in such a quantity that it is reasonable to conclude that it has been developed or produced or is intended to be used for a hostile purpose—

unless the court or jury, as the case may be, is satisfied, having regard to the whole of the evidence, that there is a reasonable doubt that the agent or toxin was so developed or produced or so intended or the person so knew or was so reckless.

**9**.— (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(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 his or her functions of management as if he or she were a director or manager of the body corporate.

**10**.— Where a person is convicted of an offence under this Act, the court by which he or she is convicted may order any thing used for the purposes of, or in connection with, the commission of the offence to be forfeited to the State, and any thing so forfeited shall be disposed of as the Minister may direct.

**11**.— (1) A member of the Garda Síochána not below the rank of superintendent may apply to a judge of the District Court for an order (in this section called a “forfeiture order”) for the forfeiture to the State of any microbial or other biological agent, or any toxin (whatever its origin or method of production) or other thing, on the grounds that possession of the agent, toxin or other thing in the circumstances in which it was found is prohibited under this Act.

(6) A thing that is forfeited under this section may be disposed of as the Minister may direct.

**12**.— A thing may be forfeited under *section 10* or *11* notwithstanding that it is affixed to land, and a member of the Garda Síochána may sever the thing from the land using such reasonable force and assistance as is necessary to do so.

**13**.— The schedule to the Bail Act 1997 is amended by the insertion of the following paragraph after paragraph 36 (inserted by section 23 of the Criminal Justice (Psychoactive Substances) Act 2010):

37. An offence under *section 2* or *3* of the *Biological Weapons Act 2011*.”.

**14**.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

**15**.— This Act may be cited as the Biological Weapons Act 2011.