§ 4 — Compliance officers

4.—(1) The Licensing Officer may, with the general or specific approval of the Minister, appoint an individual who —(a)

is at least 18 years of age;

(b)

is not an employee of a public authority;

(c)

is not a public officer; and

(d)

has suitable qualifications or experience,

to be a compliance officer to assist the Licensing Officer or an authorised officer in the exercise of enforcement powers in Division 3 of Part 4 in any particular area in Singapore.

(2) The Licensing Officer may, for any reason that appears to the Licensing Officer to be sufficient, at any time revoke an individual’s appointment as a compliance officer.

(3) The Licensing Officer must issue to each compliance officer an identification card, which must be carried at all times by the compliance officer when exercising any power under this Act.

(4) A compliance officer whose appointment ceases must return any identification card issued to him or her under subsection (3) to the Licensing Officer.

(5) The Licensing Officer must also issue to each compliance officer, a written authorisation specifying one or more of the powers expressly specified in Division 3 of Part 4 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers.

(6) The authorisation of the Licensing Officer under subsection (5) issued to a compliance officer may also do all or any of the following:(a)

limit the powers mentioned in subsection (1) that the compliance officer may exercise;

(b)

limit when, and where in the particular area in Singapore, the compliance officer may exercise those powers or any of them;

(c)

limit the circumstances in which the compliance officer may exercise those powers or any of them.

(7) To avoid doubt, the Licensing Officer cannot authorise under this section a compliance officer —(a)

to detain or arrest any individual;

(b)

to search any place or individual; or

(c)

to seize any property.

(8) The powers that a compliance officer may be authorised under this section to exercise may be exercised only —(a)

on production of the identification card issued under subsection (3);

(b)

to the extent authorised by the Licensing Officer under subsection (5); and

(c)

as directed (generally or specially) by the Licensing Officer or an authorised officer.

(9) A compliance officer who is authorised under subsection (5) to exercise any power expressly specified in that authorisation as exercisable by a compliance officer is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power.

(10) To avoid doubt, a compliance officer does not cease to be acting on the direction of the Licensing Officer or an authorised officer by reason only that the Licensing Officer or authorised officer is not present at all times.

(11) An individual who is appointed as a compliance officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Government.

—(1) The Licensing Officer may, with the general or specific approval of the Minister, appoint an individual who —(a)

is at least 18 years of age;

(b)

is not an employee of a public authority;

(c)

is not a public officer; and

(d)

has suitable qualifications or experience,

to be a compliance officer to assist the Licensing Officer or an authorised officer in the exercise of enforcement powers in Division 3 of Part 4 in any particular area in Singapore.

(2) The Licensing Officer may, for any reason that appears to the Licensing Officer to be sufficient, at any time revoke an individual’s appointment as a compliance officer.

(3) The Licensing Officer must issue to each compliance officer an identification card, which must be carried at all times by the compliance officer when exercising any power under this Act.

(4) A compliance officer whose appointment ceases must return any identification card issued to him or her under subsection (3) to the Licensing Officer.

(5) The Licensing Officer must also issue to each compliance officer, a written authorisation specifying one or more of the powers expressly specified in Division 3 of Part 4 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers.

(6) The authorisation of the Licensing Officer under subsection (5) issued to a compliance officer may also do all or any of the following:(a)

limit the powers mentioned in subsection (1) that the compliance officer may exercise;

(b)

limit when, and where in the particular area in Singapore, the compliance officer may exercise those powers or any of them;

(c)

limit the circumstances in which the compliance officer may exercise those powers or any of them.

(7) To avoid doubt, the Licensing Officer cannot authorise under this section a compliance officer —(a)

to detain or arrest any individual;

(b)

to search any place or individual; or

(c)

to seize any property.

(8) The powers that a compliance officer may be authorised under this section to exercise may be exercised only —(a)

on production of the identification card issued under subsection (3);

(b)

to the extent authorised by the Licensing Officer under subsection (5); and

(c)

as directed (generally or specially) by the Licensing Officer or an authorised officer.

(9) A compliance officer who is authorised under subsection (5) to exercise any power expressly specified in that authorisation as exercisable by a compliance officer is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power.

(10) To avoid doubt, a compliance officer does not cease to be acting on the direction of the Licensing Officer or an authorised officer by reason only that the Licensing Officer or authorised officer is not present at all times.

(11) An individual who is appointed as a compliance officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Government.