Singapore legislation
Section 22
Section 22
Directives affecting holder of aviation safety instrument
(1)
Subject to subsection (5), the Authority may, whether or not any administrative proceedings are instituted under section 17, 18 or 19, 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 in the directive if —
the Authority considers such action necessary in the interests of promoting or protecting safety or public health or ensuring environmental sustainability;
the Authority is satisfied that the holder of the aviation safety instrument has failed to comply with any conditions of the aviation safety instrument;
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
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 must 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 must 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 must, unless the Authority in respect of any particular directive considers that it is not practicable or desirable, give notice —
stating that the Authority proposes to make the directive and setting out its effect; and
specifying the time within which representations or objections to the proposed directive may be made,and must consider any representations or objections which are duly made.
(6)
Where a holder of any aviation safety instrument has been subject to administrative proceedings under section 17, 18 or 19 (called in this subsection 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 constitutes a fresh ground for administrative proceedings under section 17 or 18 for every day or part of a day that the failure continues after the first administrative action.[4H