Clause 39

The Authority may in writing appoint an individual who —

is at least 18 years of age;

is not an employee of the Authority;

is not a public officer; and

has suitable qualifications or experience,to be an outsourced enforcement officer to assist the Authority in the administration of any land transport legislation in any particular area in Singapore.(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 outsourced enforcement officer.(3) The Authority must issue to each outsourced enforcement officer an identification card, which must be carried at all times by the outsourced enforcement officer when exercising powers under any land transport legislation.(4) An outsourced enforcement officer whose appointment as such ceases must return any identification card issued to him under subsection (3) to the Authority.(5) An outsourced enforcement officer must be issued with such accoutrement or equipment, or such description of accoutrement or equipment, as the Chief Executive may determine necessary for the effectual discharge of the duties of an outsourced enforcement officer.(6) An outsourced enforcement officer is not an employee of the Authority.(7) An individual who is appointed as an outsourced enforcement officer under subsection (1) does not, by virtue only of the appointment, become an agent of the Authority.(8) In this section and section 11A, “land transport legislation” means any written law administered by the Authority which is specified in the Fifth Schedule.Powers of outsourced enforcement officers11A.—

The Chief Executive must issue to each outsourced enforcement officer a written authorisation specifying such of the powers expressly specified in any land transport legislation as exercisable by an outsourced enforcement officer, as what the outsourced enforcement officer may exercise, and no other powers.(2) The authorisation of the Chief Executive under subsection (1) issued to an outsourced enforcement officer may also do all or any of the following:

limit the powers mentioned in subsection (1) that the outsourced enforcement officer may exercise;

limit when, and where in Singapore, the outsourced enforcement officer may exercise those powers or any of them;

limit the circumstances in which the outsourced enforcement officer may exercise those powers or any of them.(3) To avoid doubt, the Chief Executive cannot authorise under this section an outsourced enforcement officer to arrest any individual.(4) The powers that an outsourced enforcement officer may be authorised under this section to exercise may be exercised only —

when in uniform, and upon production of the identification card issued under section 11(3);

to the extent authorised by the Chief Executive under subsection (1); and

as directed (generally or specially) by an officer or employee of the Authority.(5) An outsourced enforcement officer who is authorised under subsection (1) to exercise any power expressly specified in any land transport legislation as exercisable by an outsourced enforcement officer is deemed to be a public servant for the purposes of the Penal Code (Cap. 224) when exercising that power.(6) Without limiting subsection (5), where any law or written law protects an officer or employee of the Authority 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 outsourced enforcement officer’s acts or omissions when acting in the course of his duty as an outsourced enforcement officer in accordance —

with the authorisation of the Chief Executive under subsection (1); and

with subsection (4).(7) To avoid doubt, an outsourced 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.Impersonation as outsourced enforcement officers11B.—

An individual who represents himself, by word or conduct to be an outsourced enforcement officer when he is not an outsourced enforcement officer shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(2) An outsourced enforcement officer who uses —

any accoutrement or equipment issued under section 11; or

any identification card issued under section 11(3),otherwise than in the course of, or for the purpose of, exercising the functions of an outsourced enforcement officer, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,500 or to imprisonment for a term not exceeding 6 months or to both.(3) However, it is a defence in any proceedings for an offence under subsection (1) or (2) where the accused proves, on a balance of probabilities, that the accused used or possessed the accoutrement, equipment or identification card issued under section 11 for the purposes of a public entertainment provided in compliance with the Public Entertainments Act (Cap. 257).”.