Private Security Industry Bill

Bill No. 26/2007

Read the first time on 16th July 2007.

An Act to provide for the regulation of private investigators, private investigation agencies, security officers, security agencies and security service providers, and for matters connected therewith, to repeal the Private Investigation and Security Agencies Act (Chapter 249 of the 1985 Revised Edition) and to make consequential amendments to the Central Provident Fund Act (Chapter 36 of the 2001 Revised Edition) and the Miscellaneous Offences (Public Order and Nuisance) Act (Chapter 184 of the 1997 Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Private Security Industry Act 2007 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

2. In this Act, unless the context otherwise requires —

“approved” means approved by the licensing officer;

“authorised point of departure” and “authorised point of entry” have the same meanings as in the Immigration Act (Cap. 133);

“bouncer” means a person who, in respect of any place of entertainment or other similar premises, and as part of his regular duties, performs for reward any function of —

(a)	screening individuals seeking entry;
(b)	controlling or monitoring the behaviour of individuals; or
(c)	removing individuals for behavioural reasons;

“business entity” includes —

(a)	a sole proprietorship or firm registered under the Business Registration Act (Cap. 32);
(b)	a body corporate incorporated under the Companies Act (Cap. 50); and
(c)	a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A);

“employ” does not include sub-contract or arrange by contract, franchise or otherwise with another person for the purpose of that other person employing or providing persons;

“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;

“licensed” means licensed as a private investigator, private investigation agency, security officer, security agency or security service provider under this Act;

“licensee” means the holder of a licence;

“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 his direction and control;

“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;

“political figure” means the President, the Prime Minister, a Minister or a Minister of State;

“repealed Act” means the Private Investigation and Security Agencies Act (Cap. 249) repealed by this Act;

“reward” means reward under any scheme, agreement, understanding, promise, undertaking (whether express or implied) or other arrangement;

“screening” means —

(a)	a search of an individual, or of any property in the individual’s possession, by means of an equipment that is designed to carry out the search without touching the individual or the individual’s property, as the case may be;
(b)	a frisk search of an individual conducted by quickly running the hands over the individual’s outer clothing, and an examination of anything worn or carried by the individual that is conveniently and voluntarily removed by the individual; or
(c)	a physical search of any personal property in the individual’s possession, not being clothing worn by the individual;

“security equipment” means any equipment specified in the Schedule.

Act not applicable to certain persons

3. This Act shall not apply to —

(a)	any member of the Singapore Police Force in the exercise of his functions as a police officer;
(b)	any member of the Singapore Armed Forces in the exercise of his functions as such member;
(c)	any public officer or employee of the Government in the exercise of his functions as such officer or employee;
(d)	any officer or employee of the Auxiliary Police Force created under the Police Force Act (Cap. 235) in the exercise of his functions as an auxiliary police officer;
(e)	any person appointed under the Air Navigation Act (Cap. 6) to investigate into accidents arising out of or in the course of air navigation and occurring in or over Singapore or to Singapore aircraft; and
(f)	any person appointed under the Rapid Transit Systems Act (Cap. 263A) to investigate into accidents on any part of the railway in Singapore.

Appointment of licensing officers and assistant licensing officers

4.—(1) The Minister may appoint one or more public officers by name or office to be the licensing officer or officers responsible for the administration of this Act, either generally or for any particular provision of this Act.

(2) A licensing officer may appoint such number of public officers to be assistant licensing officers as are necessary to assist him in carrying out his functions and duties under this Act.

(3) The functions and duties conferred on a licensing officer by this Act may be performed by any assistant licensing officer appointed by the licensing officer under subsection (2) and subject to the direction and control of the licensing officer.

(4) The Minister may from time to time give to any licensing officer such directions, not inconsistent with the provisions of this Act, as the Minister may consider necessary for carrying out the provisions of this Act; and the licensing officer shall comply with any direction so given.

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