Administration of Act
28.—(1) It is the function of the Authority —(a)
to administer this Act; and
(b)
to administer and manage all State lands, and to undertake the resumption or forfeiture of land, in accordance with this Act as an agent of the Government.
(2) No liability shall lie personally against any member, officer or employee of the Authority, any authorised officer or any other person acting under the direction of the Authority for anything which is done or purported to be done, or omitted to be done, in good faith and with reasonable care in —(a)
the exercise or purported exercise of any power under this Act; or
(b)
the performance or purported performance of any function under this Act.
Authorised officers
29.—(1) The Authority may, in relation to any provision of this Act, appoint to be authorised officers for the purposes of that provision, any of the following individuals:(a)
the Commissioner of Lands;
(b)
any employee of the Authority, or any individual performing duties in the Authority, who is suitably trained.
(2) The Authority may, for any reason that appears to it to be sufficient, at any time revoke an individual’s appointment as an authorised officer.
(3) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision of this Act (except the powers of delegation conferred by this subsection and to make subsidiary legislation) to any authorised officer, subject to any conditions or limitations that the Authority may specify; and any reference in that provision of this Act to the Authority includes a reference to such an authorised officer.
(4) Any delegation under subsection (3) may be general or in a particular case and may be subject to any conditions or limitations that are set out in this Act or that the Authority may specify.
(5) The Authority must issue to each authorised officer an identification card, which must be carried at all times by the authorised officer when exercising powers under this Act.
(6) An individual whose appointment as an authorised officer ceases must return any identification card issued to the individual under subsection (5) to the Authority.
(7) A reference in subsection (1) to a person performing duties in the Authority includes a person performing duties in the Authority under a contract, or under an arrangement making available temporarily to the Authority the services of public officers, on secondment.
Enforcement officers
30.—(1) The Authority may, in relation to any provision of this Act, appoint any of the following individuals to be an enforcement officer to assist the Authority in the administration of this Act in any particular area in Singapore:(a)
any public officer, or any employee of a public authority (but not a Town Council);
(b)
an individual who is an auxiliary police officer appointed under the Police Force Act 2004.
(2) The Authority may, for any reason that appears to the Authority to be sufficient, at any time revoke an individual’s appointment as an enforcement officer.
(3) The Authority must issue to each enforcement officer an identification card, which must be carried at all times by the enforcement officer when exercising powers under this Act.
(4) An enforcement officer is not an employee of the Authority.
(5) An individual who is appointed as an enforcement officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Authority.
(6) An individual whose appointment as an enforcement officer ceases must return any identification card issued to the individual under subsection (3) to the Authority.
Authorisation for enforcement officers
31.—(1) The Authority must issue to each enforcement officer a written authorisation specifying such of the powers expressly specified in section 22, 23 or 24 as exercisable by an enforcement officer, as what that enforcement officer may exercise, and no other powers.
(2) The authorisation under subsection (1) issued to an enforcement officer may also do all or any of the following:(a)
limit when, and where in Singapore, the enforcement officer may exercise powers in section 22, 23 or 24 expressed as exercisable by an enforcement officer or any of them;
(b)
limit the circumstances in which the enforcement officer may exercise those powers or any of them.
(3) To avoid doubt, the Authority cannot authorise under this section an enforcement officer to arrest any individual.
(4) The powers that an enforcement officer may be authorised under this section to exercise may be exercised only —(a)
to the extent authorised by the Authority under subsection (1);
(b)
upon production of the identification card issued under section 30(3); and
(c)
as directed (generally or specially) by an authorised officer or other employee of the Authority.
(5) An enforcement officer who is authorised under subsection (1) to exercise any power expressly specified in this Act as exercisable by an enforcement officer is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power.
(6) To avoid doubt, an enforcement officer does not cease to be acting on the direction of an officer or employee of the Authority by reason only that the officer or employee of the Authority is not present at all times.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
