§ 45 — Granting security clearance

45.—(1) For the purpose of determining whether or not to grant or cancel a security clearance for an individual, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters:(a)

any available information with respect to the participation of the individual in any criminal activity, whether or not there is a conviction, including and not limited to —(i)

an offence under the Arms and Explosives Act before the date of commencement of section 98(a);

(ii)

an offence under the Dangerous Fireworks Act (Cap. 72) or the Explosive Substances Act (Cap. 100) before the date of commencement of section 98(b) or (c);

(iii)

an offence under this Act; or

(iv)

an offence under the Arms Offences Act (Cap. 14) or the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65);

(b)

whether the individual has a history of violence or threats of violence, including behaviour mentioned in section 3, 4, 5, 6 or 7 of the Protection from Harassment Act (Cap. 256A);

(c)

whether, because of the individual’s physical or mental health, the individual may not handle guns, major parts of guns, gun accessories, explosives, explosive precursors, weapons or noxious substances (as the case may be) responsibly;

(d)

any evidence of the exercise of any power under section 66 or 67 —(i)

in relation to the individual as a licensee or class licensee; or

(ii)

in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was —(A)

a responsible executive or close associate of; or

(B)

a special worker employed or required to work with or for,

that licensee or former licensee, when the power was exercised;

(e)

any other relevant information as to whether it would be contrary to the public interest or national security of Singapore for the individual to handle or otherwise have access to a gun, a major part of a gun, a gun accessory, an explosive or explosive precursor, a weapon or noxious substance.

(2) Despite any other law, the Commissioner of Police or a law enforcement agency may, on the request of a Licensing Officer, provide a report in respect of any one or more of the matters in subsection (1) for the purposes of a security clearance under this Act.

(3) If a Licensing Officer refuses to grant (on renewal or otherwise) a security clearance for an individual, the Licensing Officer must, by written notice given to —(a)

the individual; and

(b)

any licensee that the individual —(i)

is or is to be a responsible executive of, or a special worker who works for or with the licensee; or

(ii)

is a close associate of,

notify the individual and licensee of the refusal within 28 days after the decision to refuse is made.

(4) If —(a)

a Licensing Officer refuses to grant (on renewal or otherwise) a security clearance for an individual on the ground that the Licensing Officer is satisfied that to grant the security clearance would be contrary to the public interest or national security of Singapore; and

(b)

the Licensing Officer made the decision because of information that is classified by the Licensing Officer as security sensitive information,

the Licensing Officer is not required to provide any reasons for the Licensing Officer’s refusal decision other than that the decision was made on public interest or national security grounds under this section.

—(1) For the purpose of determining whether or not to grant or cancel a security clearance for an individual, a Licensing Officer must have regard, and give such weight as the Licensing Officer considers appropriate, to all of the following matters:(a)

any available information with respect to the participation of the individual in any criminal activity, whether or not there is a conviction, including and not limited to —(i)

an offence under the Arms and Explosives Act before the date of commencement of section 98(a);

(ii)

an offence under the Dangerous Fireworks Act (Cap. 72) or the Explosive Substances Act (Cap. 100) before the date of commencement of section 98(b) or (c);

(iii)

an offence under this Act; or

(iv)

an offence under the Arms Offences Act (Cap. 14) or the Corrosive and Explosive Substances and Offensive Weapons Act (Cap. 65);

(b)

whether the individual has a history of violence or threats of violence, including behaviour mentioned in section 3, 4, 5, 6 or 7 of the Protection from Harassment Act (Cap. 256A);

(c)

whether, because of the individual’s physical or mental health, the individual may not handle guns, major parts of guns, gun accessories, explosives, explosive precursors, weapons or noxious substances (as the case may be) responsibly;

(d)

any evidence of the exercise of any power under section 66 or 67 —(i)

in relation to the individual as a licensee or class licensee; or

(ii)

in relation to a licensee holding, or a former licensee which held, a licence of which the individual is or was —(A)

a responsible executive or close associate of; or

(B)

a special worker employed or required to work with or for,

that licensee or former licensee, when the power was exercised;

(e)

any other relevant information as to whether it would be contrary to the public interest or national security of Singapore for the individual to handle or otherwise have access to a gun, a major part of a gun, a gun accessory, an explosive or explosive precursor, a weapon or noxious substance.

(2) Despite any other law, the Commissioner of Police or a law enforcement agency may, on the request of a Licensing Officer, provide a report in respect of any one or more of the matters in subsection (1) for the purposes of a security clearance under this Act.

(3) If a Licensing Officer refuses to grant (on renewal or otherwise) a security clearance for an individual, the Licensing Officer must, by written notice given to —(a)

the individual; and

(b)

any licensee that the individual —(i)

is or is to be a responsible executive of, or a special worker who works for or with the licensee; or

(ii)

is a close associate of,

notify the individual and licensee of the refusal within 28 days after the decision to refuse is made.

(4) If —(a)

a Licensing Officer refuses to grant (on renewal or otherwise) a security clearance for an individual on the ground that the Licensing Officer is satisfied that to grant the security clearance would be contrary to the public interest or national security of Singapore; and

(b)

the Licensing Officer made the decision because of information that is classified by the Licensing Officer as security sensitive information,

the Licensing Officer is not required to provide any reasons for the Licensing Officer’s refusal decision other than that the decision was made on public interest or national security grounds under this section.