Private Security Industry Act 2007 · 2020 Revised Edition · Part 5 · Licensing Procedures
24. Revocation or suspension of licence
Feedback & supportSubject to subsection (3), the licensing officer may by order revoke any licence if he or she is satisfied that —
licensing officer
“licensing officer”, in relation to any provision in this Act, means any licensing officer appointed under section 4(1) for the purposes of that provision, and includes any assistant licensing officer appointed by such a licensing officer under section 4(2) and subject to the licensing officer’s direction and control;
the licensee has failed to comply with any condition imposed by the licensing officer on the licensee’s licence;
the licence had been obtained by fraud or misrepresentation;
a circumstance which he or she becomes aware of would have required or permitted him or her to refuse to grant or renew the licensee’s licence, had he or she been aware of the circumstance immediately before the licence was granted or renewed;
the licensee has ceased to carry on in Singapore the business or activity for which the licensee is licensed;
the licensee has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
the licensee has been convicted of an offence under this Act;
where the licensee is an individual — the licensee is no longer a fit and proper person to continue to hold the licence;
where the licensee is a business entity — an officer of the business entity is no longer a fit and proper person; or
it is in the public interest to do so.
Subject to subsection (3), the licensing officer may, in any case in which he or she considers that no cause of sufficient gravity for revoking any licence exists, by order —
licence
“licence” means any of the following licences granted under this Act:(a)a private investigator’s licence;(b)a private investigation agency’s licence;(c)a security officer’s licence;(d)a security agency’s licence; or(e)a security service provider’s licence;
suspend the licence for a period not exceeding 6 months;
censure the licensee concerned; or
impose such other directions or restrictions as the licensing officer considers appropriate on the licensee’s business or functions, as a private investigator, private investigation agency, security officer, security agency or security service provider, as the case may be.
The licensing officer must not exercise his or her powers under subsection (1) or (2) unless an opportunity of being heard (whether in person or by a representative and whether in writing or otherwise) had been given to the licensee against whom the licensing officer intends to exercise his or her powers, being a period of not more than 14 days after the licensing officer informs the licensee of such intention.
Where the licensing officer has by order revoked a licence under subsection (1) or made any order under subsection (2) in respect of a licensee, the licensing officer must serve on the licensee concerned a notice of the licensing officer’s order made under those subsections.
Despite subsection (3), where a licensee holding a private investigator’s licence or a security officer’s licence has been charged with or convicted of a prescribed offence, being an offence which would make it undesirable in the public interest for the licensee to continue to carry out the functions of a private investigator or security officer —
private investigator
“private investigator” means any individual who, for reward, carries out any of the following functions:(a)obtaining and giving information about any person;(b)searching for missing persons;(c)obtaining and giving information as to the cause and origin of or responsibility for any fire, libel, loss or accident or any damage to real or personal property;(d)obtaining and giving information as to the location or recovery of lost or stolen property; or(e)obtaining evidence to be used in any civil or criminal proceedings.(2) For the purposes of this Act, a private investigator does not include —(a)a person employed by an employer to obtain and give information about another person who is employed by the employer, or whom the employer intends to employ;(b)a person employed by a business entity to obtain and give information about the character or nature of business of another business entity for the purpose of any business venture undertaken or to be undertaken by the employer or exclusively for the purposes of market research; and(c)a person who carries out any function mentioned in paragraphs (a) to (e) of subsection (1) —(i)as part of the person’s profession or business as an advocate and solicitor or as part of the person’s occupation as an employee of an advocate and solicitor;(ii)as part of the person’s profession or business as a public accountant or as part of the person’s occupation as an employee of a public accountant;(iii)as part of the person’s business of obtaining or giving information as to the financial rating or standing of another person; or(iv)as part of the person’s business of insurance or as an insurance adjustment agency, or as part of the person’s occupation as an employee of the person carrying on the business of insurance or the insurance adjustment agency.(3) In this section,
the licensing officer may serve on the licensee a notice of immediate suspension of the licence, which takes immediate effect and remains in force until the licensing officer makes an order under subsection (7) and any appeal to the Minister under section 26 against such an order is determined; and
the licensee must, upon a notice being served under paragraph (a) but subject to subsection (7), immediately cease to carry out any function of a private investigator or security officer, as the case may be.
A licensee whose private investigator’s licence or security officer’s licence has been suspended with immediate effect under subsection (5) may, within 14 days after the licensing officer has served the notice of immediate suspension under paragraph (a) of that subsection, apply to the licensing officer to review the licensing officer’s decision under subsection (7).
security officer
“security officer” means any individual who, for reward, carries out any of the following functions:(a)patrolling or guarding another person’s property (including cash in transit) by physical means (which may involve the use of patrol dogs) or by electronic means;(b)keeping the property (including cash in transit) of another person under surveillance, including for the purpose of preventing theft thereof;(c)acting as a bodyguard or bouncer;(d)in respect of any public place or other premises and as part of his or her regular duties, performing any function of screening individuals seeking entry thereto;(e)regulating traffic under the Road Traffic Act 1961.
The licensing officer may, on reviewing his or her decision, by order —
revoke the private investigator’s licence or security officer’s licence in question;
suspend that private investigator’s licence or security officer’s licence for a period not exceeding 6 months starting from the date of immediate suspension of that licence; or
rescind the immediate suspension of that private investigator’s licence or security officer’s licence.
Where the licensing officer has by order revoked or suspended a licence under subsection (7) in respect of a licensee, the licensing officer must serve on the licensee concerned a notice of the licensing officer’s order made under that subsection.
Subject to section 26, an order under subsection (1), (2) or (7)(a) or (b) by the licensing officer revoking or suspending a private investigator’s licence or security officer’s licence does not take effect until the expiry of 14 days after notice has been served on the licensee under subsection (4) or (8).
In any proceedings under this section in relation to the conviction of a licensee for a criminal offence, the licensing officer must accept the licensee’s conviction as final and conclusive.
In deciding for the purposes of this section whether a person or an officer of a business entity is a fit and proper person, the licensing officer may consider any of the following matters as indicating that the person or officer may not be a fit and proper person:
officer
“officer”, in relation to a business entity, means —(a)a director, partner, member of the board of management, chief executive, manager, secretary or other similar officer of a business entity that is a body corporate;(b)a partner of a business entity that is a partnership; or(c)a president, secretary, or any member of the committee of management of a business entity that is an unincorporated association (other than a partnership), or any person holding a position analogous to that of president, secretary or member of a committee,and includes a person who can control or substantially influence the conduct of the affairs of the business entity;
that the person or officer associates with a criminal in a way that indicates involvement in an unlawful activity;
that in dealings in which the person or officer has been involved, the person or officer —
has shown dishonesty or lack of integrity; or
used harassing tactics.
Subsection (11) does not limit the circumstances in which a person or an officer of a business entity may be considered by the licensing officer not to be a fit and proper person.
business entity
“business entity” includes —(a)a sole proprietorship or firm registered under the Business Names Registration Act 2014;(b)a body corporate incorporated under the Companies Act 1967; and(c)a limited liability partnership registered under the Limited Liability Partnerships Act 2005;