Private Security Industry Act 2007 · 2020 Revised Edition · Part 2 · Private Investigators and Private Investigation Agencies
8. Employees who are private investigators
Feedback & supportA person must not employ another person as a private investigator unless the other person is a licensed private investigator.
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,
A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
A person (whether or not a licensed private investigation agency) who employs, or is about to employ, as a private investigator any licensed private investigator must —
licensed
“licensed” means licensed as a private investigator, private investigation agency, security officer, security agency or security service provider under this Act;
before employing the licensed private investigator; and
not later than 14 days after terminating the employment of the licensed private investigator,inform the licensing officer in the prescribed form and manner of the proposed employment or termination of employment, as the case may be.
Where an employer or a former employer of a licensed private investigator contravenes subsection (3), the employer or former employer (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.