Unlicensed private investigation agency, unlicensed security agency and unlicensed security service provider not to recover fees, etc.
35. Any person who provides any service of —(a)
a private investigator;
(b)
a private investigation agency;
(c)
a security officer;
(d)
a security agency; or
(e)
a security service provider,
shall not be entitled to bring any proceeding in any court to recover any commission, fee, gain or reward for the service provided unless, at the time of providing the service, the person is the holder of a valid private investigator’s licence, a valid private investigation agency’s licence, a valid security officer’s licence, a valid security agency’s licence or a valid security service provider’s licence, as the case may be.
Service of documents, etc.
36.—(1) Subject to subsection (3), any document required or authorised to be served under this Act may be served —(a)
in the case of an individual —(i)
by delivering it to the individual personally;
(ii)
by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the individual’s usual or last known address of the place of residence;
(iii)
by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the individual’s usual or last known address of the place of business;
(iv)
by affixing a copy of the notice in a conspicuous place at the individual’s usual or last known address of residence or business;
(v)
by sending it by fax to the fax number used at the individual’s usual or last known address of the place of residence or business, or the last fax number given by the individual to the licensing officer or an officer authorised by the licensing officer as the fax number for the service of documents on the individual; or
(vi)
by electronic communication, by sending an electronic communication of the document to the last email address given by the individual to the licensing officer or an officer authorised by the licensing officer as the email address for the service of documents on the individual;
(b)
in the case of a partnership other than a limited liability partnership —(i)
by delivering it to any partner or the secretary or other similar officer of the partnership;
(ii)
by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore;
(iii)
by sending it by fax to the fax number used at the principal or last known place of business of the partnership in Singapore; or
(iv)
by electronic communication, by sending an electronic communication of the document to the last email address given by the partnership to the licensing officer or an officer authorised by the licensing officer as the email address for the service of documents on the partnership; and
(c)
in the case of any limited liability partnership or any other body corporate —(i)
by delivering it to the secretary or other similar officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;
(ii)
by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore;
(iii)
by sending it by fax to the fax number used at the registered office or principal office of the limited liability partnership or body corporate in Singapore; or
(iv)
by electronic communication, by sending an electronic communication of the document to the last email address given by the limited liability partnership or body corporate in Singapore to the licensing officer or an officer authorised by the licensing officer as the email address for the service of documents on the limited liability partnership or body corporate.
(2) Where any notice or other document to be served by the licensing officer is —(a)
sent by a fax to the fax number used at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending fax machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be;
(b)
sent by electronic communication to an email address in accordance with subsection (1), it is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and
(c)
sent by prepaid registered post, it is deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.
(3) Service of any document under this Act on a person by electronic communication may be effected only if the person gives as part of the person’s address for service an email address.
(4) This section does not apply to notices and documents to be served in proceedings in court.
Power to exempt
37.—(1) The Minister may, by order in the Gazette, with or without conditions, exempt any person or class of persons from all or any of the provisions of this Act.
(2) If any exemption is granted under subsection (1) with conditions, the exemption operates only if the conditions are complied with.
Amendment of Schedule
38.—(1) The Minister may, by order in the Gazette, amend, add to or vary the Schedule.
(2) The Minister may, in any order made under subsection (1), make such incidental, consequential or supplementary provision as may be necessary or expedient.
(3) Any order made under subsection (1) must be presented to Parliament as soon as possible after publication in the Gazette.
Regulations
39.—(1) The Minister may, from time to time, make regulations generally for the carrying out or giving effect to the provisions of this Act.
(2) Without limiting subsection (1), the Minister may make regulations for or with respect to all or any of the following matters:(a)
taking and recording of photographs and fingerprints of persons applying for a licence;
(b)
displaying or surrendering of any licence by a licensee;
(c)
prescribing the type of identification documents that a licensed private investigator or a licensed security officer must carry when carrying out his or her functions as a private investigator or a security officer, as the case may be;
(d)
in relation to any licence, the class or classes of licence to be issued, and the circumstances in which the licence may be granted;
(e)
requiring a licensed security agency to maintain a register of all places in which the security officers employed by the licensed security agency are deployed for work and submitting such information to the licensing officer upon request;
(f)
regulating the conduct of security officers in the discharge of their functions and the conduct of security agencies and security service providers;
(g)
prescribing the uniform, badge or emblem to be worn by a licensed security officer;
(h)
prohibiting the use of any equipment or accoutrement by the holder of a licence and his or her employees, if any;
(i)
regulating the activities of the holder of a licence and prescribing the manner in which the licensee’s business is to be conducted;
(j)
regulating the manufacture, importation, sale, distribution, possession and use of security equipment;
(k)
any other matter or thing required or permitted to be prescribed or necessary to be prescribed to give effect to this Act.
(3) The regulations may —(a)
prescribe offences in respect of the contravention of any specified provision thereof and may prescribe that fines not exceeding $10,000 or with imprisonment for a term not exceeding 2 years or with both, on conviction, be imposed in respect of any such offence; and
(b)
prescribe different fees for different classes of applicants for licences.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
