Statute Details
- Title: Private Security Industry (Exemptions) Order 2009
- Act Code: PSIA2007-S172-2009
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Private Security Industry Act (Cap. 250A)
- Enacting Authority: Minister for Home Affairs (pursuant to section 37 of the Private Security Industry Act)
- Citation: SL 172/2009
- Commencement: 27 April 2009
- Status: Current version as at 27 Mar 2026
- Key Provisions: Sections 2–6 (definitions and exemptions); Section 7 (revocation)
What Is This Legislation About?
The Private Security Industry (Exemptions) Order 2009 (“Exemptions Order”) is a targeted piece of subsidiary legislation made under the Private Security Industry Act (Cap. 250A) (“PSIA”). In plain language, it creates specific carve-outs from licensing and regulatory requirements that would otherwise apply to private investigators and security officers.
The PSIA generally regulates the private security industry to ensure that persons who carry out regulated functions—such as private investigation or security work—meet licensing and compliance standards. However, the Exemptions Order recognises that not all activities or employment contexts present the same regulatory risks. Accordingly, it exempts certain categories of persons and employers from particular provisions of the PSIA, provided that defined conditions are met.
Practically, the Exemptions Order focuses on two main themes: (1) exemptions for certain “private investigator” functions that are performed in limited circumstances (notably, work connected with statutory boards and certain web-based information gathering); and (2) exemptions for security officers working at construction workplaces, together with corresponding exemptions for their employers, but only where training, declarations, and record-keeping requirements are satisfied.
What Are the Key Provisions?
Section 1 (Citation and commencement) confirms the legal identity of the instrument and its effective date. The Order may be cited as the Private Security Industry (Exemptions) Order 2009 and came into operation on 27 April 2009.
Section 2 (Definitions) supplies important interpretive terms. Two definitions are central to the construction-related exemptions:
- “construction workplace” means any place where construction works are being carried out.
- “construction works” is defined broadly to include construction, extension, installation, repair, maintenance, renewal, removal, alteration, dismantling or demolition of a wide range of assets and infrastructure—covering buildings and structures, roads and harbour works, drainage and irrigation, electrical/water/gas/telecommunication works, and major civil engineering works such as bridges, tunnels, pipelines, sewers, and reclamation. It also includes preparatory and integral works (e.g., site clearance, earth-moving, excavation, laying foundations, site restoration, and landscaping).
This broad definition matters because the exemptions in sections 5 and 6 apply only when the security officer’s functions are performed at a “construction workplace” in relation to “construction works” as defined.
Section 3 (Persons exempt from having private investigator’s licence) is the first major exemption. It provides that section 6 of the PSIA shall not apply to certain persons who carry out for reward the functions of a private investigator. The exemption applies in two situations:
- Section 3(1)(a): employment with a statutory board — A person carrying out private investigator functions in the course of employment with a statutory board is exempt if the work is connected with the discharge of powers or performance of duties under written law administered by the statutory board.
- Section 3(1)(b): limited “internet-only” information gathering — A person is exempt if the private investigator functions are carried out solely by searching for information from the World Wide Web through the Internet, or by obtaining information or securing evidence from any Internet website accessible to the public (or authorised to access), without the use of:
- electronic mail;
- real-time text communication facilities (e.g., chat rooms or similar interactive facilities); and
- discussion forums or similar interactive facilities where persons post articles/letters/entries for discussion or comment.
Section 3(2) extends the exemption to advertising and “holding out” conduct. It states that section 6 of the PSIA also does not apply to a person who advertises, or in any way holds out, that the person carries out (or is willing to carry out) private investigator functions in the manner described in section 3(1)(b). This is significant for compliance: it clarifies that the exemption is not limited to actual performance but also covers marketing of the limited web-based service, provided it stays within the defined boundaries.
Section 4 (Exempt employers of private investigators) provides a corresponding employer-side exemption. It states that section 8 of the PSIA shall not apply to:
- any statutory board in respect of its employees referred to in section 3(1)(a); and
- the employer of any private investigator who carries out, in the course of employment, the functions described in section 3(1)(b).
In other words, where the employee is exempt from the licensing requirement under section 3, the employer is also exempt from the related PSIA provision dealing with employers (section 8). For practitioners, this reduces the risk that an employer could be in breach merely because it engages an exempted individual to perform the defined activities.
Sections 5 and 6 (Exempt security officers at construction workplaces; exempt employers of such officers) form the second major cluster of exemptions.
Section 5 provides that section 14 of the PSIA shall not apply to any person who carries out for reward, or who advertises/holds out that they carry out for reward, any function of a security officer at a construction workplace—provided two conditions are met:
- Training completion: the person has attended and successfully completed such courses of training relating to security of premises as the licensing officer may require from time to time.
- Written declaration of convictions: the person declares in writing to his employer every offence (if any) of which he has been convicted in the preceding one year prior to his employment as a security officer.
Section 6 then exempts the employer from section 16 of the PSIA, but only where the employee performs security officer functions at no other place (i.e., the work is confined to the construction workplace context). The exemption is conditional on maintaining a register at the construction workplace containing specified particulars and records for each such employee:
- the employee’s full name and identity card number;
- the certificates of all required training courses the employee has successfully completed; and
- every written declaration referred to in section 5(b) (the convictions declaration).
For legal and compliance teams, section 6 is particularly important because it creates an ongoing administrative obligation: the employer must keep and maintain the register at the construction workplace, and the register must include the listed categories of information and documents.
Section 7 (Revocation) revokes the earlier Private Investigation and Security Agencies (Exemption) Regulations 2004 (G.N. No. S 331/2004). This indicates that the 2009 Order superseded the earlier regulatory framework for exemptions, consolidating or updating the exemption regime under the PSIA.
How Is This Legislation Structured?
The Exemptions Order is concise and structured as follows:
- Section 1: Citation and commencement.
- Section 2: Definitions, including key terms for construction workplaces and construction works.
- Section 3: Exempt persons from needing a private investigator’s licence (with sub-conditions for statutory board employment and limited web-based activities).
- Section 4: Exempt employers of private investigators corresponding to the exemptions in section 3.
- Section 5: Exempt security officers at construction workplaces, subject to training and written convictions declarations.
- Section 6: Exempt employers of such security officers, subject to confinement of work to construction workplaces and mandatory register-keeping.
- Section 7: Revocation of the 2004 exemption regulations.
Who Does This Legislation Apply To?
The Order applies to persons and employers who would otherwise fall within regulated categories under the PSIA—specifically, those performing functions of a private investigator and those performing functions of a security officer. However, it does not apply universally; it applies only where the statutory conditions are satisfied.
For private investigator-related exemptions, the Order covers (i) persons working for statutory boards in connection with statutory duties, and (ii) persons performing web-based information gathering “solely” through publicly accessible or authorised websites, without using certain interactive or communication tools. For security officer-related exemptions, the Order applies to security officers working for reward at construction workplaces, and to their employers, but only where training and declarations are completed and where the employer maintains the required register and ensures the employee performs security functions at no other place.
Why Is This Legislation Important?
This Exemptions Order is important because it clarifies the boundary between regulated private security activities that require licensing and limited contexts where licensing is not necessary. For practitioners advising employers, statutory boards, and individuals, the Order provides a structured compliance pathway: if the activity fits within the defined exemption and the conditions are met, the relevant PSIA provisions on licensing and employer obligations do not apply.
From a risk-management perspective, the Order reduces regulatory friction for legitimate activities—such as statutory board investigations tied to public-law duties, and limited open-web research—while still imposing safeguards in higher-risk contexts. The construction workplace exemptions, for example, do not remove all oversight; instead, they substitute licensing requirements with training completion, convictions declarations, and documented employer record-keeping. This creates an auditable compliance trail.
In practice, the most common legal/compliance issues will likely arise from (i) whether the “solely” web-based condition is satisfied (including whether any prohibited tools—such as electronic mail or interactive chat/forum facilities—are used), and (ii) whether the security officer’s duties are truly confined to construction workplaces and whether the employer’s register is properly maintained with the required particulars and records.
Related Legislation
- Private Security Industry Act (Cap. 250A) — the authorising Act; licensing and regulatory framework for private investigators and security officers.
- Private Investigation and Security Agencies (Exemption) Regulations 2004 (G.N. No. S 331/2004) — revoked by section 7 of this Order.
Source Documents
This article provides an overview of the Private Security Industry (Exemptions) Order 2009 for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.