50. New section 105E

In the Civil Defence Act 1986, after section 105D, insert —“Extent of powers for incident management operations for cross‑border incidents105E.—

A member of the Force who is a Singapore incident management officer carrying out incident management operations relating to a cross‑border incident may exercise the powers under this Act as if to respond to and deal with a civil defence emergency, using only force that is reasonable in the circumstances and subject to the following modifications:

section 4(2)(c), (e), (g) and (h) does not apply;

section 4(2)(d) applies as if the reference to public authorities includes a reference to Malaysian incident management officers;

section 101A(1)(b) applies as if the reference to a vehicle includes a reference to a cross‑border train, vessel or an aircraft;

section 101A(1)(d) does not apply;

section 101A(1)(g) applies as if the reference to disposing of the thing seized were deleted and replaced with transferring custody of the thing seized to a Malaysian incident management officer if Malaysia is responsible for managing the cross‑border incident under a treaty;

the incident management operations are carried out only —

during or immediately after the cross‑border incident happening;

within the cross‑border incident site for that cross‑border incident; and

with the prior consent of the Government of Malaysia for the specific cross‑border incident unless the cross‑border incident —

is an explosion or a fire;

involved the release into the environment or exposing the public to any toxic chemical, any dangerous, hazardous, radioactive or harmful substance, or any biological agent, or toxin; or

requires search and rescue services or critical medical assistance or medical evacuation to be provided.

To avoid doubt, no member of the Force who is a Singapore incident management officer may make an arrest when carrying on in peninsular Malaysia any incident management operations relating to a cross‑border incident.”.