PART IV | SECURITY DIRECTIVES AND ENFORCEMENT NOTICES |
| Power to issue security directive to aircraft operator or airport operator |
7.—(1) The Commissioner may issue to any aircraft operator or airport operator a security directive requiring that person to take such security measures as may be specified in that security directive.| (2) The Commissioner shall inform the Civil Aviation Authority of Singapore of every security directive issued to an aircraft operator or airport operator and may consider any advice given by that Authority with respect to that security directive. |
(3) The security measures that may be specified in a security directive under sub-paragraph (1) include, but are not limited to, measures for —| (a) | preventing or deterring the introduction or unauthorised carriage on board any aircraft of any firearm, ammunition, weapon, incendiary device or explosive, or other substance or thing that, by reason of its nature or condition, may endanger the safety of the aircraft or the safety of persons or property on board the aircraft; | | (b) | controlling access to the airside and any security restricted area to prevent unauthorised entry; [S 481/2012 wef 26/09/2012] | | (c) | preventing any person from having unauthorised access to any aircraft; | | (d) | identifying and screening persons and vehicles having access to security restricted areas; | | (da) | the application of security controls (including screening) to persons and vehicles having access to the airside; [S 481/2012 wef 26/09/2012] | | (e) | pre-boarding screening of originating and transfer passengers and their cabin baggage; | | (f) | protecting passengers and their cabin baggage from unauthorised interference from the point of screening until the point of boarding the aircraft on which they are to be carried; | | (g) | identification, accountability and authorisation of all hold baggage for carriage, screening of all hold baggage and protection from unauthorised interference from the point of screening or acceptance by the aircraft operator, whichever is the earlier, until the departure of the aircraft on which the hold baggage is carried; [S 481/2012 wef 26/09/2012] | | (h) | ensuring that all baggage, mail and other cargo to be taken on board any aircraft is accepted for that purpose only by an employee or other duly authorised agent or representative of the aircraft operator; | | (i) | ensuring that all cargo, mail, catering, stores and supplies are subjected to appropriate security controls (including screening) prior to being loaded onto an aircraft and are thereafter protected from unauthorised interference until the departure of the aircraft; [S 481/2012 wef 26/09/2012] | | (j) | ensuring that disembarking passengers do not leave items on board an aircraft; | | (k) | ensuring that unauthorised persons are prevented from entering the flight crew compartment of an aircraft during flight; | | (l) | ensuring the protection of aircraft, and of persons and property on board the aircraft, against damage or injury where, because of a threat or warning having been received or otherwise, there is reason to believe that there exists a danger to the safety of the aircraft or to the safety of those persons or that property; | | (m) | developing requirements for the carriage of special categories of passengers, including law enforcement officers and in-flight security officers and their carriage of weapons on board an aircraft; and | | (n) | ensuring compliance with the NCASP, the airport security programme or operator security programme approved under paragraph 6, as the case may be, the National Aviation Security Training Programme and such other requirements as the Commissioner may deem necessary for the implementation of aviation security measures. |
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| (4) An aircraft operator or airport operator to whom a security directive is issued under sub-paragraph (1) shall appoint a person to be responsible for planning, developing and implementing, and monitoring to confirm the effective implementation of, the security measures specified in the security directive, and shall inform the Commissioner of his particulars. |
| (5) A security directive under sub-paragraph (1) shall specify a date before which the operator is required to comply with the security directive. |
| (6) Any person who refuses or, without reasonable excuse, fails to comply with a security directive issued to him under this paragraph 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 12 months or to both. |
| (7) A security directive issued to a person under sub-paragraph (1) may at any time be varied or revoked by a further security directive issued to him by the Commissioner. |
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| Power to issue security directive to other persons |
8.—(1) The Commissioner may issue a security directive to any person —| (a) | who carries on any business or provides any goods, service or facility in relation to an airport or aircraft to which this Order applies (whether or not those goods or that service or facility is located at the airport); or [S 481/2012 wef 26/09/2012] | | (b) | who has access to the airside, a protected area or protected place in such an airport for the purposes of the business carried on or service provided by him, [S 481/2012 wef 26/09/2012] |
| requiring that person to take such security measures as may be specified in the security directive. |
| (2) The Commissioner shall inform the Civil Aviation Authority of Singapore of every security directive issued under sub-paragraph (1) and may take account of any advice given by that Authority with respect to that security directive. |
| (3) A security directive under sub-paragraph (1) shall specify a date before which the person is required to comply with the security directive. |
| (4) Any person who refuses or, without reasonable excuse, fails to comply with a security directive issued to him under this paragraph 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 12 months or to both. |
| (5) A security directive issued to a person under sub-paragraph (1) may at any time be varied or revoked by a further security directive issued to him by the Commissioner. |
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| Provisions relating to security directives |
9.—(1) A security directive issued to any person need not be addressed to that particular person, but may be framed in general terms applicable to all persons to whom such a security directive may be issued or to any class of such persons to which that particular person belongs.(2) If it appears to the Commissioner that an exception from any security directive is required as a matter of urgency in any particular case, the Commissioner may, by a notification given in writing to the person for the time being subject to the security directive, authorise that person to disregard the requirements of the security directive —| (a) | in relation to such aircraft or class of aircraft, or in relation to such persons or property or such description of persons or property; and | | (b) | on such occasion or series of occasions, or for such period, |
| as the Commissioner may specify; and the security directive shall have effect in that case subject to any exceptions so specified. |
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| (3) Any notification given to any person under sub-paragraph (2) with respect to any security directive shall cease to have effect (if it has not already done so) if a security directive is subsequently issued by the Commissioner to that person varying or revoking the original security directive. |
(4) Any notification given in writing under sub-paragraph (2) shall be regarded as given to the person to whom it is directed if it is given —| (a) | to any person authorised by that person to receive any such security directive or notification; | | (b) | where that person is a body corporate, to the secretary or similar officer of the body corporate; and | | (c) | in any other case, to anyone holding a comparable office or position in that person’s employment. |
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| (5) A security directive shall be in writing, except that in cases of extreme urgency, in order to respond rapidly to meet any increased security threat or to take immediate action necessary to remedy weaknesses so as to prevent recurrence, the Commissioner may issue a verbal security directive to any person, which shall be confirmed in writing as soon as practicable thereafter. |
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| Objection to security directive |
10.—(1) This paragraph shall apply to any security directive which does not contain a statement that the security measures are urgently required and that accordingly the security directive is to take effect immediately.| (2) At any time before the end of the period of 2 weeks beginning with the date on which a security directive to which this paragraph applies is issued, the person to whom the security directive is issued may serve on the Commissioner a notice in writing objecting to the security directive, on the grounds that the security measures specified in the security directive are excessively onerous or inconvenient and should be modified in a manner specified in the notice. |
| (3) Where a person serves a notice in writing under sub-paragraph (2), the Commissioner shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before, and being heard by, a person (not being a police officer) appointed by the Commissioner for the purpose. |
| (4) Where the objector appears before and is heard by a person appointed by the Commissioner under sub-paragraph (3), the person so appointed shall submit to the Commissioner his opinion in writing to enable the Commissioner to come to a decision on the objections. |
(5) The Commissioner shall, after considering the grounds of objection and, if applicable, the written opinion of the person appointed to hear the objector under sub-paragraph (3), serve on the objector a notice in writing —| (a) | confirming the security directive as originally given; | | (b) | confirming the security directive subject to one or more modifications specified in the notice under this sub-paragraph; or | | (c) | withdrawing the security directive. |
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| (6) Where a notice in writing has been served under sub-paragraph (2), the security directive shall not take effect until it has been confirmed (with or without modifications) by a notice served under sub-paragraph (5). |
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11.—(1) Where the Commissioner is of the opinion that any person has failed to comply with any general requirement of a security directive issued to him, the Commissioner may serve on that person an enforcement notice in writing —| (a) | specifying the general requirement of the security directive with which he has, in the opinion of the Commissioner, failed to comply; and | | (b) | specifying, subject to paragraph 12, the measures that ought to be taken in order to comply with that requirement. |
(2) For the purposes of this paragraph, a requirement of a security directive is a general requirement if the provision imposing the requirement —| (a) | has been included in 2 or more security directives issued to different persons (whether or not at the same time); and | | (b) | is framed in general terms applicable to all persons to whom those security directives are issued. |
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| (3) Before serving any enforcement notice under sub-paragraph (1), the Commissioner shall inform the Civil Aviation Authority of Singapore of the security measures to be specified in the enforcement notice, and may take account of any advice given by that Authority with respect to those security measures. |
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| Contents of enforcement notice |
12.—(1) An enforcement notice may specify in greater detail the measures which are described in general terms in those provisions of the security directive which impose the general requirements, but may not impose any requirement which could not have been imposed by a security directive under the provision under which the security directive was issued.| (2) An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the specified general requirements of the security directive. |
| (3) In serving an enforcement notice which relates to a security directive, the Commissioner shall specify in the enforcement notice such period as appears to be reasonably required for taking the measures specified in the enforcement notice; and the enforcement notice shall not take effect before the end of the period so specified. |
| (4) An enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstance are practicable and necessary to prevent that thing from being done. |
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| Offence relating to enforcement notice |
| 13. Any person who, without reasonable excuse, fails to comply with an enforcement notice served on him 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 12 months or to both. |
| Objection to enforcement notice |
14.—(1) The person on whom an enforcement notice is served may serve on the Commissioner a notice in writing of his objection to the enforcement notice, specifying any of the grounds of objection referred to in sub-paragraph (3).| (2) Any notice of objection under sub-paragraph (1) must be served before the end of the period so specified in the enforcement notice under paragraph 12(3). |
(3) The grounds of objection to an enforcement notice are —| (a) | that the general requirements of the security directive which are specified in the enforcement notice for the purposes of paragraph 11(1) have been complied with; | | (b) | that the enforcement notice purports to impose a requirement which is not imposed by the security directive to which the enforcement notice relates, or could not have been imposed by a security directive issued under the provision under which that security directive was issued; or | | (c) | that any requirement of the enforcement notice —| (i) | is unnecessary for complying with the general requirements referred to in sub-paragraph (a) and should be dispensed with; or | | (ii) | having regard to the terms of those general requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection under sub-paragraph (1). |
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| (4) Where a person serves a notice under sub-paragraph (1), the Commissioner shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before, and being heard by, a person (not being a police officer) appointed by the Commissioner for the purpose. |
| (5) Where the objector appears before and is heard by a person appointed by the Commissioner under sub-paragraph (4), the person so appointed shall submit to the Commissioner his opinion in writing to enable the Commissioner to come to a decision on the objections. |
(6) The Commissioner shall, after considering the grounds of objection and, if applicable, the written opinion of the person appointed to hear the objector under sub-paragraph (4), serve on the objector a notice in writing —| (a) | confirming the enforcement notice as originally given; | | (b) | confirming the enforcement notice subject to one or more modifications specified in the notice under this sub-paragraph; or | | (c) | withdrawing the enforcement notice. |
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| (7) The enforcement notice shall not take effect until it has been confirmed (with or without modifications) by a notice served under sub-paragraph (6). |
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| Supplementary provisions relating to enforcement notice |
15.—(1) An enforcement notice served on any person —| (a) | may be revoked by a notice served on him by the Commissioner; and | | (b) | may be varied by a further enforcement notice. |
| (2) Where the Commissioner has served an enforcement notice specifying the general requirements of a security directive with which the person to whom it is issued has, in the opinion of the Commissioner, failed to comply, the person on whom the enforcement notice is served shall not be taken, for the purposes of paragraph 7(6) or 8(4), to have failed to comply with the security directive by reason of the matters specified in the enforcement notice. |
| (3) Sub-paragraph (2) shall not apply in relation to any proceedings commenced before the service of the enforcement notice. |
| (4) Where an enforcement notice has been served in relation to a security directive, the fact that the enforcement notice specifies certain general requirements of the security directive as those with which the person on whom the enforcement notice is served has, in the opinion of the Commissioner, failed to comply shall not in any proceedings be evidence that any other requirement of the security directive has been complied with. |
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| Service of security directives, etc. |
16. Any security directive, enforcement notice or other notice or document required or authorised by any provision of this Order to be issued to, served on or given to any person may be issued, served or given —| (a) | by delivering it to him; | | (b) | by sending it by registered post addressed to the person at his usual or last known place of residence or place of business, whether in Singapore or elsewhere; or | | (c) | in the case of a body corporate, by delivering it to the secretary or similar officer of the body corporate at its registered or principal office in Singapore (or, if it has no office in Singapore, at its principal office, wherever it may be) or sending it by registered post to the secretary or similar officer of the body corporate at that office. |
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