Division 1A — Creation of Auxiliary Police Forces
[Act 21 of 2021 wef 02/09/2022]
Creation of Auxiliary Police Forces
86.—(1)  The Commissioner may, with the approval of the Minister, authorise the creation by the Government or any statutory body, or by any company or other organisation carrying on business within Singapore (called in this Part the employer), of one or more Auxiliary Police Forces for all or any of the following purposes:
(a)to safeguard life and any property of the employer;
(b)to safeguard life and any property of any other person in Singapore;
(c)to assist the Police Force in the maintenance of law and order and the detention or arrest of individuals that police officers are authorised to apprehend;
(d)to assist any department of the Government or any statutory body in the discharge of any duty imposed or function conferred under any written law;
(e)to carry out such security activity as the Commissioner may approve.
[10/2015]
(2)  The Commissioner may, in authorising the creation of an Auxiliary Police Force under subsection (1), impose any conditions that the Commissioner thinks fit.
(3)  Without limiting subsection (2), the conditions that may be imposed under that subsection in relation to an Auxiliary Police Force include —
(a)restricting the Auxiliary Police Force to carrying out only such security activity as the Commissioner may specify in the authorisation under subsection (1);
(b)requiring that the approval of the Commissioner be first obtained before the Auxiliary Police Force carries out any new security activity in the course of business or for remuneration;
(c)requiring the employer of the Auxiliary Police Force to pay an annual fee of a prescribed amount to the Commissioner; and
(d)where the employer is other than the Government or a statutory body —
(i)requiring at least one-half of the voting shares of the company or organisation to be held by Singapore citizens; and
(ii)[Deleted by Act 21 of 2021 wef 02/09/2022]
(3A)  It is a condition of any authorisation for the creation of an Auxiliary Police Force under subsection (1) (whether the authorisation is given before, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021) that the employer of the Auxiliary Police Force must give written notice to the Commissioner within 7 days after the employer first becomes aware that any person —
(a)whether by a series of transactions over a period of time or otherwise, has become on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, a 5% controller, a 25% controller, a 50% controller or an indirect controller of the employer; or
(b)has ceased, on or after the date of commencement of section 19 of the Police Force (Amendment) Act 2021, to be a 50% controller or a 75% controller of the employer.
[Act 21 of 2021 wef 02/09/2022]
(4)  The Commissioner may at any time, by written notice to the employer of the Auxiliary Police Force concerned, vary or revoke any condition imposed under subsection (2) or impose any additional condition on an employer of an Auxiliary Police Force.
[Act 21 of 2021 wef 02/09/2022]
(4A)  Any condition imposed under subsection (2), or varied or revoked or added to under subsection (4), has effect despite any other written law or anything contained in the memorandum or articles of association, or other constitution, of an employer.
[Act 21 of 2021 wef 02/09/2022]
(5)  Before varying or revoking any condition or imposing additional conditions on an employer of an Auxiliary Police Force under subsection (4), the Commissioner must notify the employer of the Commissioner’s intention to do so and must give the employer an opportunity to be heard as to why the conditions should not be so varied or revoked or the additional conditions should not be imposed, as the case may be.
[Act 21 of 2021 wef 02/09/2022]
(6)  Any decision of the Commissioner under subsection (5) in relation to an Auxiliary Police Force does not take effect —
(a)until the 31st day after the date on which the decision is communicated to the employer of the Auxiliary Police Force concerned; or
(b)where an appeal against the decision is made to the Minister under subsection (7), until the appeal has been determined or withdrawn.
(7)  Any employer of an Auxiliary Police Force who is aggrieved by the decision of the Commissioner under subsection (2) or (4) may, within 30 days after receiving notice of the Commissioner’s decision, appeal against the decision in writing to the Minister.
(8)  The decision of the Minister on an appeal under subsection (7) is final.
(9)  [Deleted by Act 21 of 2021 wef 02/09/2022]
(10)  A person, not being an employer of an Auxiliary Police Force authorised by the Commissioner under this section, who —
(a)in the course of any business carries on any security activity; or
(b)advertises or in any way holds out that the person carries on, or is willing to carry on, for remuneration any security activity,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction.
Offence for carrying on or advertising security activity
86A.—(1)  Any person who —
(a)is not an employer of an Auxiliary Police Force the creation of which is authorised by the Commissioner under section 86(1); and
(b)does any of the following:
(i)in the course of any business carry on any security activity;
(ii)advertise or in any way hold out that the person carries on, or is willing to carry on, for a fee or reward any security activity,
shall be guilty of an offence.
(2)  A person who is guilty of an offence under subsection (1) shall be liable on conviction —
(a)in the case of an individual —
(i)to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both; and
(ii)in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or
(b)in any other case —
(i)to a fine not exceeding $1 million; and
(ii)in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.
[Act 21 of 2021 wef 02/09/2022]