Singapore legislation

Section 27

of Air Navigation Act 1966

Section 27

Power to obtain information

Amended by16/201516/201516/201516/2015

(1)

For the purpose of finding out whether the provisions of this Act or any applicable aviation safety subsidiary legislation is being complied with, a safety inspector may by notice require any holder of an aviation safety instrument or other person to provide, within a reasonable period specified in the notice, and in the form and manner that may be specified in the notice, all documents and information relating to any matter —

(a)

which a safety inspector considers necessary for that purpose; and

(b)

which are within the knowledge of that person or in that person’s custody or under that person’s control.

Amended by16/2015

(2)

The power to require a person to provide any document or information under subsection (1) includes the power —

(a)

to require that person, or any individual who is or was an officer or employee of that person —

(i)

to provide an explanation of the document or information; or

(ii)

to attend before a safety inspector for an interview and to answer any question and give a statement about the document or information;

(b)

if the document or information is not provided, to require that person to state, to the best of that person’s 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.

Amended by16/2015

(3)

Where a person is required to attend before a safety inspector for an interview, the safety inspector must —

(a)

record the person’s answers or statement at the interview in writing;

(b)

read over that written record in paragraph (a) of the person’s answers or statement or, if the person is for any reason unable to understand or communicate in spoken English sufficiently, use an interpreter to inform the person about contents of the written record; and

(c)

then require the person to sign that written record.

Amended by16/2015

(4)

Any person who, without reasonable excuse, fails to do anything required of the person 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.

(5)

Any person who —

(a)

intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to provide; or

(b)

in providing any document or information required under subsection (1), makes any statement which the person 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.

(6)

If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make any order that the court thinks fit to secure compliance with the notice, and any such order may provide that all the costs or expenses of and incidental to the application must be borne by that person or by any officer of a company or other body who is responsible for the failure.

(7)

The Authority or any safety inspector (as the case may be) is entitled without payment to keep any document or information, or any copy or extract of any document or information, provided under subsection (1).[4M

Amended by16/2015