Singapore legislation

Section 26

of Air Navigation Act 1966

Section 26

Power to detain aircraft, aeronautical products, etc.

(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.

(3)

Any detention or seizure under subsection (1) or (2) must 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 any period that 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) must, 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 is final.

(6)

For the purpose of subsections (1) and (2), the Director‑General of Civil Aviation or the Authority (as the case may be) must notify any prohibitions or conditions to any persons that the Director‑General of Civil Aviation or the Authority considers necessary by any means of communication, whether or not of a permanent nature, that he or she or it considers appropriate in the circumstances.[4L