§ 80 — Compliance officers

80.—(1) A 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 2 of Part 6 in any particular area in Singapore.

(2) A 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) A Licensing Officer 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 a Licensing Officer.

(5) A Licensing Officer must also issue to each compliance officer, a written authorisation specifying such of the powers expressly specified in Division 2 of Part 6 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, a Licensing Officer cannot authorise under this section a compliance officer —(a)

to detain or arrest any individual;

(b)

to search any place or individual;

(c)

to seize any property; and

(d)

if the compliance officer is a licensee or class licensee, to exercise any power in Division 2 of Part 6 in relation to —(i)

another licensee holding the same class of licence as the compliance officer or an applicant for the same class of licence;

(ii)

another class licensee subject to the same class licence as the compliance officer; or

(iii)

an employer or a principal, contractor or relative of the compliance officer.

(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 a Licensing Officer under subsection (5); and

(c)

as directed (generally or specially) by a 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 when exercising that power.

(10) To avoid doubt, a compliance officer does not cease to be acting on the direction of a 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.

(12) In this section, “relative”, in relation to another individual, means the individual’s spouse, parent (including a step‑parent), child (including an adopted or a stepchild) or sibling.

—(1) A 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 2 of Part 6 in any particular area in Singapore.

(2) A 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) A Licensing Officer 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 a Licensing Officer.

(5) A Licensing Officer must also issue to each compliance officer, a written authorisation specifying such of the powers expressly specified in Division 2 of Part 6 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, a Licensing Officer cannot authorise under this section a compliance officer —(a)

to detain or arrest any individual;

(b)

to search any place or individual;

(c)

to seize any property; and

(d)

if the compliance officer is a licensee or class licensee, to exercise any power in Division 2 of Part 6 in relation to —(i)

another licensee holding the same class of licence as the compliance officer or an applicant for the same class of licence;

(ii)

another class licensee subject to the same class licence as the compliance officer; or

(iii)

an employer or a principal, contractor or relative of the compliance officer.

(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 a Licensing Officer under subsection (5); and

(c)

as directed (generally or specially) by a 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 when exercising that power.

(10) To avoid doubt, a compliance officer does not cease to be acting on the direction of a 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.

(12) In this section, “relative”, in relation to another individual, means the individual’s spouse, parent (including a step‑parent), child (including an adopted or a stepchild) or sibling.