8. Section 4 of the principal Act is repealed and the following Divisions and sections substituted therefor:“Division 2 — Aviation safety instruments |
Requirement for aviation safety instrument |
4.—(1) The Authority may in any aviation safety subsidiary legislation provide that an aviation safety instrument shall be required by or in respect of all or any of the following:(a) | aircraft operators; | (b) | aircraft owners; | (c) | aircraft pilots and flight crew members; | (d) | air traffic service personnel; | (e) | aircraft maintenance personnel; | (f) | air traffic services, search and rescue services and aeronautical information services; | (g) | aerodromes, aerodrome operators and aerodrome rescue and fire‑fighting services; | (h) | navigation installations; | (i) | aviation training organisations; | (j) | aircraft design, manufacture, and maintenance organisations; | (k) | aeronautical procedures; | (l) | aeronautical meteorological services; | (m) | aeronautical telecommunications services; | (n) | such other persons, aircraft, aeronautical products, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the aviation safety subsidiary legislation; | (o) | any person who is an aviation examiner or medical assessor. |
(2) No person shall operate, maintain or service or do any other act in respect of any aircraft, aeronautical product or aviation‑related service referred to in subsection (1)(a) to (o) for which an aviation safety instrument is required under any aviation safety subsidiary legislation unless —(a) | the person holds an aviation safety instrument that is in force and authorises the person to do that act; or | (b) | the person is authorised by or under the aviation safety subsidiary legislation to do that act without the aviation safety instrument. |
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(3) Any person who contravenes subsection (2) 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 second or subsequent conviction for the like offence, to a fine not exceeding $100,000. |
(4) Subject to any such aviation safety subsidiary legislation, an aviation safety instrument may be issued by the Authority for such specified period and subject to such conditions as the Authority considers appropriate in each particular case. |
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Grant and renewal of aviation safety instruments |
4A.—(1) Every application for the grant or renewal of an aviation safety instrument shall be made to the Authority in the form prescribed by any aviation safety subsidiary legislation or, if there is no prescribed form, in such form as the Authority may require.(2) After considering any application for the grant or renewal of an aviation safety instrument, the Authority may, as soon as is practicable, grant the application if the Authority is satisfied that —(a) | all things in respect of which the aviation safety instrument is sought meet the relevant requirements prescribed by the applicable aviation safety subsidiary legislation; | (b) | the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the aviation safety instrument —(i) | either holds the relevant qualifications and experience prescribed by the applicable aviation safety subsidiary legislation or holds such foreign qualifications or certifications, licences or permits issued by a foreign aviation authority as are acceptable to the Authority under subsection (2); | (ii) | is a fit and proper person to have such control or hold the aviation safety instrument; and | (iii) | meets all other relevant requirements prescribed by the applicable aviation safety subsidiary legislation; |
| (c) | the applicant is not disqualified under section 4G from holding that aviation safety instrument; and | (d) | it is not contrary to the interests of aviation safety for the aviation safety instrument to be granted or renewed. |
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(3) For the purpose of granting or renewing an aviation safety instrument, the Authority may, subject to any provisions in the applicable aviation safety subsidiary legislation, accept such foreign qualifications or recognise such certifications, licences or permits issued by a foreign aviation authority as it considers appropriate in each case. |
(4) It shall be a condition of every current aviation safety instrument that the holder of, and any person who has or is likely to have control over the exercise of the privileges under, the aviation safety instrument continue to satisfy the fit and proper person test specified in subsection (2)(b)(ii). |
(5) Where the Authority refuses to grant an application for the grant or renewal of an aviation safety instrument under this section, the applicant may appeal against that decision to the Minister within the time and in the manner prescribed by the applicable aviation safety subsidiary legislation; and the Minister’s decision on appeal shall be final. |
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General duties of holder of aviation safety instrument |
4B.—(1) Unless otherwise provided by the applicable aviation safety subsidiary legislation, a person who is required by the applicable aviation safety subsidiary legislation for or in respect of any matter in section 4(1)(a) to (o) to hold an appropriate aviation safety instrument must ensure that the appropriate aviation safety instrument and all the necessary qualifications and other documents are held by that person before he does anything for which such an aviation safety instrument is required.(2) Where a person referred to in subsection (1) holds an aviation safety instrument, the person —(a) | must comply with all the relevant aviation safety subsidiary legislation, and the conditions attached to the relevant aviation safety instrument the person holds; | (b) | must ensure that the activities or functions for which the aviation safety instrument has been granted are carried out by the person, and by all persons for whom the person is responsible, safely and in accordance with the relevant safety standards and practices prescribed by the applicable aviation safety subsidiary legislation; and | (c) | where the aviation safety instrument authorises the provision of a service within the civil aviation system —(i) | must, if so required by the applicable aviation safety subsidiary legislation, establish and follow a management system that will ensure compliance with the relevant safety standards prescribed by that aviation safety subsidiary legislation and the conditions attached to the aviation safety instrument; | (ii) | must provide training and supervision to all employees of the person who are engaged in doing anything to which the aviation safety instrument relates, so as to maintain compliance with the relevant safety standards prescribed by the applicable aviation safety subsidiary legislation and the conditions attached to the aviation safety instrument and to promote safety; and | (iii) | must provide sufficient resources to ensure compliance with the relevant safety standards prescribed by the applicable aviation safety subsidiary legislation and the conditions attached to the aviation safety instrument. |
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Power to suspend or impose conditions on aviation safety instrument |
4C.—(1) The Authority may suspend any aviation safety instrument or impose conditions in respect of any such aviation safety instrument if —(a) | the Authority considers such action necessary to ensure compliance with this Part or the applicable aviation safety subsidiary legislation; | (b) | the Authority is satisfied that the holder of the aviation safety instrument has failed to comply with any condition of the aviation safety instrument, any provision of this Part or the applicable aviation safety subsidiary legislation; | (c) | the Authority considers that the privileges or duties for which the aviation safety instrument has been granted are being carried out by the holder in a careless or incompetent manner; or | (d) | in the case of an aviation safety instrument relating to the use of any aircraft, aeronautical product, or the provision of any service, the Authority considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the aviation safety instrument relates, |
and the Authority considers that suspending the aviation safety instrument or imposing conditions in respect of the aviation safety instrument is necessary in the interests of safety. |
(2) The suspension of any aviation safety instrument and any conditions imposed under subsection (1) shall remain in force until the Authority determines what action, if any, referred to in subsection (3) is to be taken; but any such suspension or conditions expire 10 working days after the date that the suspension or conditions are imposed unless, before the expiry of that 10-working day period, the Authority extends the suspension or conditions for a further specified period. |
(3) The Authority may take one or more of the following actions:(a) | impose conditions in respect of any such aviation safety instrument for a specified period; | (b) | withdraw any conditions in respect of any such aviation safety instrument; | (c) | suspend any aviation safety instrument in whole or part for a specified period; | (d) | revoke or partially revoke any aviation safety instrument under section 4D; | (e) | impose permanent conditions under section 4D. |
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(4) Any person whose aviation safety instrument has been suspended or made subject to conditions under subsection (3) shall forthwith produce that document to the Authority for appropriate endorsement. |
(5) The holder of an aviation safety instrument who is aggrieved by any decision of the Authority under this section may appeal to the Minister in the manner prescribed by the applicable aviation safety subsidiary legislation; and the Minister’s decision on appeal shall be final. |
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Power to revoke or impose permanent conditions on aviation safety instrument |
4D.—(1) The Authority may, if it considers it necessary in the interests of aviation safety and after an inspection, monitoring, or investigation carried out under this Part, revoke an aviation safety instrument or impose permanent conditions on an aviation safety instrument.(2) Without prejudice to the generality of subsection (1), the Authority may revoke or impose permanent conditions on an aviation safety instrument if the Authority considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety. |
(3) Revocation under this section may be in respect of the whole or any part of an aviation safety instrument. |
(4) Before exercising any powers under this section, the Authority shall give notice to the holder of the aviation safety instrument concerned —(a) | stating that it proposes to revoke or impose permanent conditions on the aviation safety instrument in the manner as specified in the notice; and | (b) | specifying the time (being not less than 28 days from the date of service of notice on such holder) within which written representations may be made to the Authority with respect to the proposed revocation of the aviation safety instrument or the permanent conditions to be imposed on the aviation safety instrument, as the case may be. |
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(5) Upon receipt of any written representation referred to in subsection (4)(b), the Authority shall consider the written representation and may —(a) | reject the written representation; or | (b) | amend the proposed permanent condition in accordance with the written representation, or otherwise, |
and, in either event, the Authority shall give notice in writing to the holder of the aviation safety instrument concerned of its decision. |
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(6) A person whose aviation safety instrument is revoked or made subject to permanent conditions under this section must —(a) | if the aviation safety instrument is made subject to permanent conditions or revoked in part, immediately produce the document to the Authority for appropriate endorsement; and | (b) | if the whole aviation safety instrument is revoked, immediately surrender the document to the Authority. |
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(7) The holder of an aviation safety instrument who is aggrieved by any decision of the Authority under this section may appeal to the Minister in the manner prescribed by such aviation safety subsidiary legislation as is applicable; and the Minister’s decision on appeal shall be final. |
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Provisional orders to avoid imminent danger, etc. |
4E.—(1) Subject to subsection (4), where it appears to the Authority that a holder of an aviation safety instrument is contravening, or is likely to contravene, any condition of the aviation safety instrument, that there are reasonable grounds to believe there is a serious and imminent risk to air safety and that it is appropriate or requisite, to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public, that a provisional order be made under this section, the Authority shall, instead of taking any decision under section 4C or 4D, by provisional order make such provision as appears to it requisite for securing compliance with that condition.(2) A provisional order —(a) | shall require the holder of an aviation safety instrument to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified; | (b) | shall take effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and | (c) | may be revoked at any time by the Authority. |
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(3) In determining whether it is appropriate or requisite that a provisional order be made, the Authority shall have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of an aviation safety instrument, is likely to be done, or omitted to be done, before a decision under section 4C or 4D may be made. |
(4) Subject to subsections (5), (6) and (7), the Authority shall, by notice in writing, confirm a provisional order, with or without modifications, if —(a) | the Authority is satisfied that the holder of an aviation safety instrument to whom the order relates has contravened, or is likely to contravene any condition of its instrument; and | (b) | the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition. |
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(5) The Authority shall not confirm a provisional order in relation to a holder of an aviation safety instrument if it is satisfied —(a) | that the duties imposed on the Authority under this Act or the Civil Aviation Authority of Singapore Act 2009 preclude the confirming of such a provisional order; | (b) | that the holder of an aviation safety instrument has agreed to take, and is taking, all such steps as it appears to the Authority for the time being to be appropriate for the holder of that instrument to take for the purpose of securing or facilitating compliance with the condition in question; or | (c) | that the contraventions were, or the apprehended contraventions are, of a trivial nature. |
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(6) Before the Authority confirms a provisional order, the Authority shall give notice to the holder of an aviation safety instrument concerned —(a) | stating that the Authority proposes to confirm the provisional order and setting out its effect; | (b) | setting out —(i) | the relevant condition of the aviation safety instrument for the purpose of securing compliance with which the provisional order is to be confirmed; | (ii) | the acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of that condition; and | (iii) | the other facts which, in the Authority’s opinion, justify the confirmation of the provisional order; and |
| (c) | specifying the period (being not less than 28 days from the date of service of the notice) within which representations or objections with respect to the proposed confirmation may be made, |
and shall consider any representations or objections which are duly made and not withdrawn. |
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(7) The Authority shall not confirm a provisional order with modifications except —(a) | with the consent of the holder of an aviation safety instrument to whom the order relates; or | (b) | after —(i) | serving on that holder of an aviation safety instrument such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (being not less than 28 days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and | (ii) | considering any representations or objections which are duly made and not withdrawn. |
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(8) In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), shall cease to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order. |
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Criteria for action under section 4C, 4D or 4E |
4F.—(1) For the purpose of determining whether an aviation safety instrument a person holds should be suspended or made subject to conditions under section 4C, or revoked or made subject to permanent conditions under section 4D, whether a provisional order should be made under section 4E in respect of that person, or whether the person should be disqualified under section 4G, the Authority may have regard to, and give such weight as it considers appropriate to, all of the following matters:(a) | the person’s compliance history with aviation safety regulatory requirements; | (b) | any conviction offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before the date of commencement of section 8 of the Air Navigation (Amendment) Act 2014; | (c) | any evidence that the person has committed an aviation safety offence or has contravened or failed to comply with any provision in this Act or any aviation safety subsidiary legislation. |
(2) For the avoidance of doubt, the Authority shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant. |
(3) The Authority may seek and receive such information as the Authority thinks fit or consider information obtained from any source. |
(4) If the Authority proposes to take into account any information that is or may be prejudicial to a person, the Authority shall, subject to subsection (5), as soon as is practicable, but in the case of the suspension of an aviation safety instrument or the imposition of conditions under section 4C, no later than 5 working days after suspending the aviation safety instrument or imposing conditions, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it. |
(5) Nothing in subsection (4) requires the Authority to disclose any information, the disclosure of which would endanger the safety of any person or before exercising any power under section 4E. |
(6) In this section —“aviation safety offence” means an offence under this Act or any aviation safety subsidiary legislation; |
“aviation safety regulatory requirement” shall not include any security directive or requirement imposed by or under Part IIB. |
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Disqualification from holding aviation safety instrument |
4G.—(1) Where an aviation safety instrument is wholly revoked under section 4D, the person who was the holder of that aviation safety instrument shall also be disqualified, for such period as may be specified by the Authority, from holding the same aviation safety instrument or such other related aviation safety instrument, as the Authority shall specify and inform the person by order.(2) A person commits an offence who applies for or obtains an aviation safety instrument while disqualified by an order of the Authority under this section from obtaining such an instrument and any such instrument so obtained shall be of no effect. |
(3) A former holder of an aviation safety instrument who is aggrieved by any decision of the Authority under this section may appeal to the Minister in the manner prescribed by such aviation safety subsidiary legislation as is applicable; and the Minister’s decision on appeal shall be final. |
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Directives affecting holder of aviation safety instrument |
4H.—(1) Subject to subsection (5), the Authority may, whether or not any administrative proceedings are instituted under section 4C, 4D or 4E, give a directive to the holder of any aviation safety instrument, according to the circumstances of the case, to do, or not to do, such things as are specified in the directive or are of a description as specified therein if —(a) | the Authority considers such action necessary in the interests of promoting or protecting safety or public health or ensuring environmental sustainability; | (b) | the Authority is satisfied that the holder of the aviation safety instrument has failed to comply with any conditions of the aviation safety instrument; | (c) | the Authority considers that the privileges or duties for which the aviation safety instrument has been granted are being carried out by the holder in a careless or incompetent manner; or | (d) | in the case of an aviation safety instrument relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose conditions in respect of any such document, the Authority considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the aviation safety instrument relates, |
and that holder shall comply with that directive as soon as it takes effect. |
(2) Every directive under subsection (1) takes effect when the directive is given to the holder of an aviation safety instrument concerned or on a later date specified in the directive. |
(3) A directive under this section in respect of the holder of an aviation safety instrument shall not be inconsistent with any provision in this Act or any aviation safety subsidiary legislation, or the conditions of the aviation safety instrument. |
(4) The Authority may at any time revoke any directive given under this section. |
(5) Before giving a directive to any holder of an aviation safety instrument under subsection (1), the Authority shall, unless the Authority in respect of any particular directive considers that it is not practicable or desirable, give notice —(a) | stating that the Authority proposes to make the directive and setting out its effect; and | (b) | specifying the time within which representations or objections to the proposed directive may be made, |
and shall consider any representations or objections which are duly made. |
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(6) Where a holder of any aviation safety instrument has been subject to administrative proceedings under section 4C, 4D or 4E (referred to in this subsection as the first administrative action) and a directive is given to the holder under this section in connection with those proceedings, and the holder of the aviation safety instrument continues to fail to comply with the directive of the Authority under this section, such failure shall constitute a fresh ground for administrative proceedings under section 4C or 4D for every day or part thereof that the failure continues after the first administrative action. |
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4I.—(1) Subject to subsection (2), the Director-General of Civil Aviation may from time to time and in accordance with subsections (3), (4) and (5), make such emergency directives of general application as may be necessary to alleviate or minimise any risk of the death of, or a serious injury to, any person or of damage to any property.(2) The Director-General of Civil Aviation shall not make any emergency directive of general application unless it is impracticable in the circumstances of the particular case for the Authority to make or amend any aviation safety subsidiary legislation to effectively alleviate or minimise the risk concerned. |
(3) Once such an emergency directive of general application is made, the Director-General of Civil Aviation shall cause to be published in the Gazette the emergency directive except that where for reasons of safety or security it is impracticable to notify the emergency directive in the Gazette, the Director- General of Civil Aviation must notify such person or persons as he thinks appropriate or necessary in the circumstances. |
(4) Every emergency directive of general application shall come into force immediately upon its being published in the Gazette or, where notified by service on any person under subsection (3), immediately upon service of the notification upon that person and in respect of that person only. |
(5) An emergency directive of general application made under this section may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Director-General of Civil Aviation once only for a further period not exceeding 30 days. |
(6) The Authority may, at any time when any emergency directive of general application made under subsection (1) is in force, revoke the emergency directive by publishing notice of that revocation in the Gazette. |
(7) So far as any emergency directive of general application is inconsistent with any aviation safety subsidiary legislation, the emergency directive shall prevail. |
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Division 3 — Safety inspections and enforcement powers |
Safety inspections and monitoring |
4J.—(1) The Authority may, by notice, require —(a) | any holder of an aviation safety instrument; or | (b) | any person who operates, maintains or services, or does any other act in respect of, any aircraft or aeronautical product, or who provides any aviation‑related service or air traffic service, |
to undergo such inspection or monitoring as the Authority considers, on reasonable grounds, necessary in the interests of civil aviation safety. |
(2) For the purposes of any inspection or monitoring under subsection (1), the Director-General of Civil Aviation or a safety inspector may in respect of any person described in subsection (1)(a) or (b), by notice in writing, require from that person such information as the Director-General of Civil Aviation or safety inspector, as the case may be, considers relevant to the inspection or monitoring. |
(3) Any person to whom a notice under subsection (1) or (2) is given who, without reasonable excuse, fails to comply with the requirements of the notice 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. |
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Investigating holder of aviation safety instrument |
4K.—(1) Without prejudice to sections 4J and 4L, the Director-General of Civil Aviation or a safety inspector may require the holder of an aviation safety instrument to undergo an investigation conducted by the Director-General of Civil Aviation or a safety inspector if the Director-General of Civil Aviation or safety inspector, as the case may be —(a) | has reasonable grounds to believe that the holder has failed to comply with any condition of the aviation safety instrument, or considers that the privileges or duties for which the aviation safety instrument has been granted are being carried out by the holder in a careless or incompetent manner; and | (b) | believes, on reasonable grounds, that the investigation is necessary in the interests of civil aviation safety. |
(2) If the Director-General of Civil Aviation or a safety inspector requires any holder of an aviation safety instrument to undergo an investigation under this section, he must —(a) | inform the holder, in writing, of the date on which the investigation will begin; | (b) | conclude the investigation as soon as practicable; and | (c) | inform the holder, in writing, of the results of the investigation, including any recommendations arising out of the investigation and the grounds for those recommendations. |
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Power to detain aircraft, aeronautical products, etc. |
4L.—(1) Where the Director-General of Civil Aviation believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director-General of Civil Aviation may do all or any of the following:(a) | prohibit or impose conditions on the operation of the aircraft or all aircraft of that class; | (b) | prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class; | (c) | detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. |
(2) Where the Director-General of Civil Aviation believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and notifies the Authority, the Authority may do all or any of the following:(a) | detain the aircraft or any aircraft of that class; | (b) | seize the aeronautical product or any aeronautical products of that class; | (c) | prohibit or impose conditions on the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any aeronautical products of that class. |
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(3) Any detention or seizure under subsection (1) or (2) shall be maintained for only such time as is necessary in the interest of safety; but, if any aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those aircraft, aeronautical products, or parts thereof may be retained by the Director-General of Civil Aviation or the Authority for such period as the Director-General of Civil Aviation or the Authority, as the case may be, considers necessary for that purpose. |
(4) The Director-General of Civil Aviation or the Authority, as the case may be, shall, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1) or (2), as the case may be, provide in writing to the owner or that person the reasons for the detention or seizure. |
(5) Any person who is aggrieved by any decision of the Director-General of Civil Aviation or the Authority under this section may appeal to the Minister in the manner prescribed by such order made under such aviation safety subsidiary legislation as is applicable; and the Minister’s decision on appeal shall be final. |
(6) For the purpose of subsections (1) and (2), the Director-General of Civil Aviation or the Authority, as the case may be, shall notify any prohibitions or conditions to such persons as the Director-General of Civil Aviation or the Authority considers necessary by such means of communication, whether or not of a permanent nature, as he or it considers appropriate in the circumstances. |
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Power to obtain information |
4M.—(1) For the purpose of finding out whether the provisions of this Act or any applicable aviation safety subsidiary legislation is being complied with, the Director-General of Civil Aviation or a safety inspector, may by notice require any holder of an aviation safety instrument or other person to furnish, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information relating to any matter —(a) | which the Director-General of Civil Aviation or a safety inspector considers necessary for that purpose; and | (b) | which are within the knowledge of that person or in his custody or under his control. |
(2) The power to require a person to furnish any document or information under subsection (1) includes the power —(a) | to require that person, or any person who is or was an officer or employee of his, to provide an explanation of the document or information; | (b) | if the document or information is not furnished, to require that person to state, to the best of his knowledge and belief, where it is; and | (c) | if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form. |
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(3) Any person who, without reasonable excuse, fails to do anything required of him by notice under 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. |
(4) Any person who —(a) | intentionally alters, suppresses or destroys any document or information which he has been required by a notice under subsection (1) to furnish; or | (b) | in furnishing any document or information required under subsection (1), makes any statement which he knows to be false in a material particular or recklessly makes such a statement, |
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. |
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(5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with such notice, and any such order may provide that all the costs or expenses of and incidental to the application shall be borne by such person or by any officer of a company or other body who is responsible for the failure. |
(6) The Authority, the Director-General of Civil Aviation or any safety inspector, as the case may be, shall be entitled without payment to keep any document or information, or any copy or extract thereof, furnished under subsection (1). |
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Power of entry to premises, aircraft, etc. |
4N.—(1) For the purpose of finding out whether the provisions of this Act or any applicable aviation safety subsidiary legislation is being complied with, the Director-General of Civil Aviation and every safety inspector shall have right of access at any reasonable time to the following:(a) | any aircraft, aerodrome, building, or place; or | (b) | any document or record concerning any aircraft, aeronautical product, or aviation-related service. |
(2) In addition, where the Director-General of Civil Aviation or any safety inspector —(a) | has reasonable grounds to believe that —(i) | any breach of any provision in this Part or the applicable aviation safety subsidiary legislation is being or about to be committed; | (ii) | a condition imposed under any aviation safety instrument is not being complied with; or | (iii) | a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property; and |
| (b) | has reasonable grounds for suspecting that there is on, or in, any aircraft, aerodrome, building, or place, any particular thing which may be evidential material relevant to an offence under any provision of this Part or of any applicable aviation safety subsidiary legislation, |
the Director-General of Civil Aviation or the safety inspector may enter at any reasonable time the aircraft, aerodrome, building, or place and exercise any powers referred to in subsection (4) to determine whether or not a matter referred to in paragraph (a)(i), (ii) and (iii) exists. |
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(3) The Director-General of Civil Aviation or any safety inspector is authorised to enter any aircraft, aerodrome, building, or place under subsection (1) only if the occupier thereof has consented to the entry or after giving 6 hours’ prior notice of that entry. |
(4) Every person who is authorised to have access to or to enter any aircraft, aerodrome, building, or place under subsection (1) or (2) may —(a) | require any person who is in possession of an aviation safety instrument, or any certificate, book, manual, record, list, notice, or other document that is required to be kept by or under this Act, relating or reasonably believed to relate to the commission of an offence or the non-compliance with the condition (wherever and by whomsoever kept) and take and retain extracts or copies thereof to produce or surrender it; | (b) | compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised person to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to the investigation; | (c) | if such information is found in exercise of the power in paragraph (b), produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced or transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises; | (d) | require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or servicing of any aircraft or aeronautical product, or the provision of air traffic service or aviation‑related services to produce the machinery, equipment or other thing for inspection and to answer questions or provide information relating to the machinery, equipment or other thing; | (e) | inspect and test any machinery, equipment or other thing referred to in paragraph (d); | (f) | if the Director-General of Civil Aviation or safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any provision of this Part or any applicable aviation safety subsidiary legislation, or any condition of an aviation safety instrument, seize any machinery, equipment, substance, record or other thing; | (g) | inspect, examine and take samples of any substance or thing on or in the aircraft, aerodrome, building, or place; or | (h) | photograph, or make sketches of, the aircraft, aerodrome, building, or place and any substance or thing on or in the aircraft, aerodrome, building, or place. |
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(5) If the Director-General of Civil Aviation or a safety inspector seizes anything under this section, it may be retained by him until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but, in the case of records, the person from whom the records were seized shall be permitted to inspect and make copies of the records. |
(6) Subsection (5) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders. |
(7) The Director-General of Civil Aviation or a safety inspector —(a) | may arrest without warrant any person whom he reasonably believes has committed an arrestable offence under this Act; and | (b) | may exercise all or any of the powers in relation to investigations into an arrestable offence conferred on a police officer by the Criminal Procedure Code (Cap. 68) in any case relating to the commission of an arrestable offence under this Act or in any case where an arrestable offence is disclosed under any written law in the course of an investigation under this Act. |
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(8) For the purposes of subsection (7), when the Director-General of Civil Aviation or a safety inspector is exercising the powers of a police officer under that subsection, he shall be deemed to be an officer not below the rank of inspector of police. |
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Obligation to notify reportable safety matters |
4O.—(1) If a responsible person has knowledge of any reportable safety matter, he must, where required to do so under the applicable aviation safety subsidiary legislation, notify the Authority of the reportable safety matter in the manner prescribed in the aviation safety subsidiary legislation, including those of the particulars of the matter prescribed by that subsidiary legislation that are known.(2) A responsible person shall be guilty of an offence if the person fails to comply with subsection (1). |
(3) A responsible person is not excused from giving any information required by subsection (1) on the ground that the disclosure of the information might tend to incriminate the person or expose the person to a penalty. |
(4) Where a responsible person claims, before giving any information that he is required by subsection (1) to give, that the disclosure of the information might tend to incriminate him —(a) | that information; | (b) | the giving of the information; and | (c) | any information, document or thing obtained as a direct or indirect consequence of the giving of the information, |
shall not be admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 29C. |
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(5) In this section —“reportable safety matter” means safety matter that is prescribed by any aviation safety subsidiary legislation to be a reportable safety matter; |
“responsible person”, in relation to a reportable safety matter, means —(a) | a person who operates, maintains, or services, or does any other act in respect of, any aircraft, aeronautical product or aviation‑related service; or | (b) | any other person, |
who is prescribed by the applicable aviation safety subsidiary legislation for the purposes of this definition in relation to the reportable safety matter concerned; |
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“safety matter” means —(a) | the occurrence of any incident involving any Singapore registered aircraft or any aircraft operated by a Singapore operator which endangers or which, if not corrected, would endanger an aircraft, its occupants or any other person, including and not limited to defects or malfunctioning of the aircraft or any part thereof; | (b) | the occurrence of any incident involving any facility on the ground used or intended to be used for purposes of or in connection with the operation of an aircraft, which endangers or which, if not corrected, would endanger an aircraft, its occupants or any other person, including and not limited to defects or malfunctioning of the facility or any part thereof; | (c) | any information that relates to compliance, or failure to comply, with any provision of this Act or of any applicable aviation safety subsidiary legislation, or with the law of any Contracting State in which the aircraft operates; | (d) | such other occurrence that affected, is affecting, or might affect safety of transport by air as may be prescribed by any aviation safety subsidiary legislation to be a safety matter.”. |
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