§ 123 — Compliance officers

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

is not an employee of any public authority and not a public officer;

(b)

is at least 18 years of age; and

(c)

has suitable qualifications or experience,

to be a compliance officer.

(2) The function and duty of a compliance officer is to assist the Authority, a police officer or an authorised officer in the exercise of enforcement powers in section 110 —(a)

when the compliance officer is in any place or premises in Singapore —(i)

that is an approved gambling venue; or

(ii)

where a licensee or former licensee, a class licensee, or a gambling service agent of a licensee, has an office or keeps records that relate to any gambling service provided by the licensee, class licensee or former licensee; and

(b)

in relation to any of the following only: (i)

any licensee or class licensee;

(ii)

any gambling service agent of a licensee;

(iii)

any employee of a licensee, class licensee or gambling service agent of a licensee;

(iv)

an individual who is or was a responsible executive of a person mentioned in sub‑paragraph (i) or (ii);

(v)

an individual who is or was a category 1 key officer of a person mentioned in sub‑paragraph (i) or (ii).

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

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

(5) The Authority must also issue to each compliance officer, a written authorisation specifying —(a)

such of the powers specified in section 110 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers; and

(b)

the particular place or premises or description of places or premises in Singapore where the compliance officer may exercise those powers or any of them, provided that the place or premises is —(i)

an approved gambling venue; or

(ii)

where a licensee or former licensee, a class licensee, or a gambling service agent of a licensee, has an office or keeps records that relate to any gambling service provided by the licensee, class licensee or former licensee.

(6) The authorisation of the Authority under subsection (5) issued to a compliance officer may also do either or both of the following:(a)

limit when the compliance officer may exercise those powers or any of them;

(b)

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

(7) To avoid doubt, the Authority 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 Authority under subsection (5); and

(c)

as directed (generally or specially) by a police 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 Authority or an authorised officer by reason only that the Authority or an authorised officer is not present at any time.

(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.

(12) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as a compliance officer.

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

is not an employee of any public authority and not a public officer;

(b)

is at least 18 years of age; and

(c)

has suitable qualifications or experience,

to be a compliance officer.

(2) The function and duty of a compliance officer is to assist the Authority, a police officer or an authorised officer in the exercise of enforcement powers in section 110 —(a)

when the compliance officer is in any place or premises in Singapore —(i)

that is an approved gambling venue; or

(ii)

where a licensee or former licensee, a class licensee, or a gambling service agent of a licensee, has an office or keeps records that relate to any gambling service provided by the licensee, class licensee or former licensee; and

(b)

in relation to any of the following only: (i)

any licensee or class licensee;

(ii)

any gambling service agent of a licensee;

(iii)

any employee of a licensee, class licensee or gambling service agent of a licensee;

(iv)

an individual who is or was a responsible executive of a person mentioned in sub‑paragraph (i) or (ii);

(v)

an individual who is or was a category 1 key officer of a person mentioned in sub‑paragraph (i) or (ii).

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

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

(5) The Authority must also issue to each compliance officer, a written authorisation specifying —(a)

such of the powers specified in section 110 as exercisable by a compliance officer, as what the compliance officer may exercise, and no other powers; and

(b)

the particular place or premises or description of places or premises in Singapore where the compliance officer may exercise those powers or any of them, provided that the place or premises is —(i)

an approved gambling venue; or

(ii)

where a licensee or former licensee, a class licensee, or a gambling service agent of a licensee, has an office or keeps records that relate to any gambling service provided by the licensee, class licensee or former licensee.

(6) The authorisation of the Authority under subsection (5) issued to a compliance officer may also do either or both of the following:(a)

limit when the compliance officer may exercise those powers or any of them;

(b)

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

(7) To avoid doubt, the Authority 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 Authority under subsection (5); and

(c)

as directed (generally or specially) by a police 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 Authority or an authorised officer by reason only that the Authority or an authorised officer is not present at any time.

(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.

(12) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as a compliance officer.