Singapore legislation
Section 42A
Section 42A
Authorisation of auxiliary officers to exercise powers of enforcement
(1)
The chief executive must, in writing, issue to each auxiliary officer an authorisation specifying the powers mentioned in subsection (3) that the auxiliary officer may exercise, and no other powers.
(2)
The powers that an auxiliary officer may be authorised under this section to exercise may be exercised only to the extent authorised by the chief executive under this section and directed by an officer or employee of the Agency.
(3)
An auxiliary officer may be authorised under this section to exercise all or any of the powers conferred on an officer or employee of the Agency by this Act or any environmental written law, in relation to any offence under this Act or that environmental written law.
(4)
The authorisation of the chief executive under subsection (1) issued to an auxiliary officer may also do all or any of the following:
limit the powers in subsection (3) that the auxiliary officer may exercise;
limit when, and where in Singapore, the auxiliary officer may exercise those powers or any of them;
limit the circumstances in which the auxiliary officer may exercise those powers or any of them.
(5)
An auxiliary officer who is authorised under subsection (1) to exercise any power in subsection (3) —
must obey all lawful directions (general or specific) of the chief executive and an officer or employee of the Agency when exercising that power; and
is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power.
(6)
Without affecting subsection (5), where any law or written law protects an officer or employee of the Agency from liability for the officer’s or employee’s acts or omissions, that law or written law is taken to operate as if those acts or omissions included an auxiliary officer’s acts or omissions when acting in the course of the auxiliary officer’s duty as an auxiliary officer in accordance with —
the written authorisation of the chief executive under subsection (1); and
the lawful directions (general or specific) of the chief executive and an officer or employee of the Agency.
(7)
To avoid doubt, an auxiliary officer does not cease to be acting on the direction of an officer or employee of the Agency by reason only that the officer or employee is not present at all times.