Singapore legislation

Section 12

of Air Navigation Act 1966

Section 12

Meaning of “fit and proper person”

(1)

For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Part, the Authority must, having regard to the degree and nature of the person’s proposed involvement in the Singapore civil aviation system, have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:

(a)

the person’s compliance history with aviation safety regulatory requirements;

(b)

the person’s relevant knowledge, competency and experience;

(c)

any history of physical or mental health or serious behavioural problems;

(d)

any conviction for any offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before 1 April 2014;

(e)

any evidence of the exercise of any power under section 17, 18, 19, 22, 24, 25, 26 or 28 in relation to the person for committing an aviation safety offence or for contravening any provision of this Act or any aviation safety subsidiary legislation;

(f)

whether the person is or was disqualified under section 21 from holding the same aviation safety instrument or such other related aviation safety instrument as the Authority must specify by order under that section.

(2)

Subsection (1) applies to a body corporate with the following modifications:

(a)

paragraphs (a), (b), (d) and (e) of that subsection must be read as if they refer to the body corporate and its officers; and

(b)

paragraphs (c) and (f) of that subsection must be read as if they refer only to the officers of the body corporate.

(3)

To avoid doubt —

(a)

the Authority is not confined to consideration of the matters specified in subsection (1) and may take into account any other matters and evidence that may be relevant; but(b)the Authority must not take into account any reportable safety matter notified under section 29 by a person for the purpose of determining whether or not that person is a fit and proper person.

(4)

The Authority may seek and receive any information (including medical reports) that the Authority thinks fit or consider information obtained from any source.

(5)

If the Authority proposes to take into account any information that is or may be prejudicial to a person, the Authority must, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.

(6)

Nothing in subsection (5) requires the Authority to disclose any information, the disclosure of which would endanger the safety of any person.

(7)

In this section —

Definition

“aviation safety offence” means an offence under this Act or any aviation safety subsidiary legislation;

Definition

“aviation safety regulatory requirement” does not include any security directive or other requirement imposed by or under Part 2B.[3D

Read in full context — Air Navigation Act 1966 →