Singapore legislation
Clause 52
Clause 52
Compliance officers
(1)
The Director‑General may, with the general or specific approval of the Minister, appoint an individual who —
is not an employee of any public authority and not a public officer;
is at least 21 years of age; and
has suitable qualifications or experience,to be a compliance officer.
(2)
The function and duty of a compliance officer are to assist an inspecting officer in the exercise of enforcement powers in section 42 —
when the compliance officer is in or on any premises in Singapore —
that are used as a licensable SRH; or
where a licensee has an office or keeps records that relate to any licensable SRH operated by the licensee; and
in relation to any of the following only:
any licensee;
any employee or former employee of a licensee;
any key appointment holder or former key appointment holder of a licensee; (iv)any person‑in‑charge or former person‑in‑charge of a licensee.
(3)
The Director‑General must issue to each compliance officer an identification card, which must be carried at all times by the compliance officer when exercising any power under this Act.
(4)
A compliance officer whose appointment as such ceases must without delay return any identification card issued to him or her under subsection (3) to the Director‑General.
(5)
The Director‑General must also issue to each compliance officer a written authorisation specifying —
such of the powers specified in section 42 as are exercisable by a compliance officer, and no other powers; and
the particular premises or description of premises in Singapore where the compliance officer may exercise all or any of those powers, provided that the premises are —
used as a licensable SRH; or
where a licensee has an office or keeps records that relate to any licensable SRH operated by the licensee.
(6)
The written authorisation of the Director‑General issued to a compliance officer under subsection (5) may also do either or both of the following:
limit when the compliance officer may exercise all or any of those powers;
limit the circumstances in which the compliance officer may exercise all or any of those powers.
(7)
To avoid doubt, the Director‑General cannot authorise under this section a compliance officer —
to detain or arrest any individual;
to search any place or individual; or
to seize any property.
(8)
The powers that a compliance officer may be authorised under this section to exercise may be exercised only —
on production of the identification card issued under subsection (3); (b)to the extent authorised by the Director‑General under subsection (5); and
as directed (generally or specially) by an inspecting officer.
(9)
A compliance officer who is authorised under subsection (5) to exercise any power expressly specified in that written authorisation as exercisable by a compliance officer is deemed to be a public servant for the purposes of the Penal Code 1871 when exercising that power.
(10)
To avoid doubt, a compliance officer does not cease to be acting on the direction of an inspecting officer by reason only that the inspecting officer is not present at any time.
(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)
The Director‑General may, for any reason that appears to the Director‑General to be sufficient, at any time revoke an individual’s appointment as a compliance officer.