§ 286 — Powers of outsourced enforcement officers

286.—(1) The Agency must issue to each outsourced enforcement officer a written authorisation specifying such of the powers in subsection (2) as exercisable by an outsourced enforcement officer, as what the outsourced enforcement officer may exercise, and no other powers.(2) The powers that an outsourced enforcement officer may be authorised under this section to exercise are all or any of the following:(a)

to ask an individual suspected of committing an offence under Part 4 in premises mentioned in section 235, to state the individual’s name and residential address;

(b)

to advise the individual to stop engaging in conduct in premises mentioned in section 235 which is a public place, that is an offence under Part 4;

(c)

to photograph or film, or otherwise record the premises mentioned in section 235 where, or in respect of which, an offence under Part 4 was committed or is reasonably suspected to have been committed, and any individual or conveyance in that place;

(d)

to exercise in any premises mentioned in section 235 the following monitoring powers as if an authorised officer:(i)

section 236;

(ii)

section 237 but not a monitoring power in section 237(1)(e), (f), (g) and (i);

(iii)

section 238;

(iv)

section 239.

(3) The written authorisation issued under subsection (1) to an outsourced enforcement officer may also do all or any of the following:(a)

limit the powers mentioned in subsection (2) that the outsourced enforcement officer may exercise;

(b)

limit when, and where in Singapore, the outsourced enforcement officer may exercise those powers or any of them;

(c)

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

(4) To avoid doubt, the Agency cannot authorise under this section an outsourced enforcement officer to arrest any individual.

(5) The powers that an outsourced enforcement officer may be authorised under this section to exercise may be exercised only —(a)

upon production of the identification card issued under section 285(3);

(b)

to the extent authorised by the Agency under this section; and

(c)

as directed (generally or specially) by a food security officer or an authorised officer, or an officer of the Agency.

(6) An outsourced enforcement officer who is authorised under subsection (1) to exercise any power expressly specified in subsection (2) is taken to be a public servant for the purposes of the Penal Code 1871 when exercising that power.

(7) Without limiting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions include an outsourced enforcement officer’s acts or omissions when acting in the course of his or her duty as an outsourced enforcement officer in accordance —(a)

with the written authorisation under subsection (1); and

(b)

with subsection (5).

(8) To avoid doubt, an outsourced enforcement officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee of the Agency is not present at all times.

—(1) The Agency must issue to each outsourced enforcement officer a written authorisation specifying such of the powers in subsection (2) as exercisable by an outsourced enforcement officer, as what the outsourced enforcement officer may exercise, and no other powers.

(2) The powers that an outsourced enforcement officer may be authorised under this section to exercise are all or any of the following:(a)

to ask an individual suspected of committing an offence under Part 4 in premises mentioned in section 235, to state the individual’s name and residential address;

(b)

to advise the individual to stop engaging in conduct in premises mentioned in section 235 which is a public place, that is an offence under Part 4;

(c)

to photograph or film, or otherwise record the premises mentioned in section 235 where, or in respect of which, an offence under Part 4 was committed or is reasonably suspected to have been committed, and any individual or conveyance in that place;

(d)

to exercise in any premises mentioned in section 235 the following monitoring powers as if an authorised officer:(i)

section 236;

(ii)

section 237 but not a monitoring power in section 237(1)(e), (f), (g) and (i);

(iii)

section 238;

(iv)

section 239.

(3) The written authorisation issued under subsection (1) to an outsourced enforcement officer may also do all or any of the following:(a)

limit the powers mentioned in subsection (2) that the outsourced enforcement officer may exercise;

(b)

limit when, and where in Singapore, the outsourced enforcement officer may exercise those powers or any of them;

(c)

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

(4) To avoid doubt, the Agency cannot authorise under this section an outsourced enforcement officer to arrest any individual.

(5) The powers that an outsourced enforcement officer may be authorised under this section to exercise may be exercised only —(a)

upon production of the identification card issued under section 285(3);

(b)

to the extent authorised by the Agency under this section; and

(c)

as directed (generally or specially) by a food security officer or an authorised officer, or an officer of the Agency.

(6) An outsourced enforcement officer who is authorised under subsection (1) to exercise any power expressly specified in subsection (2) is taken to be a public servant for the purposes of the Penal Code 1871 when exercising that power.

(7) Without limiting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions include an outsourced enforcement officer’s acts or omissions when acting in the course of his or her duty as an outsourced enforcement officer in accordance —(a)

with the written authorisation under subsection (1); and

(b)

with subsection (5).

(8) To avoid doubt, an outsourced enforcement officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee of the Agency is not present at all times.