Singapore legislation
Section 28
Section 28
Power of entry to premises, aircraft, etc.
(1)
For the purpose of finding out whether the provisions of this Act or any applicable aviation safety subsidiary legislation is being complied with, the Director‑General of Civil Aviation and every safety inspector has right of access at any reasonable time to the following:
any aircraft, aerodrome, building, or place;
any document or record concerning any aircraft, aeronautical product, or aviation‑related service.
(2)
In addition, where the Director-General of Civil Aviation or any safety inspector —
has reasonable grounds to believe that —
any breach of any provision in this Part or the applicable aviation safety subsidiary legislation is being or about to be committed;
a condition imposed under any aviation safety instrument is not being complied with; or
a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property; and
has reasonable grounds for suspecting that there is on, or in, any aircraft, aerodrome, building, or place, any particular thing which may be evidential material relevant to an offence under any provision of this Part or of any applicable aviation safety subsidiary legislation,the Director-General of Civil Aviation or the safety inspector may enter at any reasonable time the aircraft, aerodrome, building, or place and exercise any powers referred to in subsection (4) to determine whether or not a matter referred to in paragraph (a)(i), (ii) and (iii) exists.
(3)
The Director-General of Civil Aviation or any safety inspector is authorised to enter any aircraft, aerodrome, building, or place under subsection (1) only if the occupier of the aircraft, aerodrome, building, or place has consented to the entry or after giving 6 hours’ prior notice of that entry.
(4)
Every person who is authorised to have access to or to enter any aircraft, aerodrome, building, or place under subsection (1) or (2) may —
require any person who is in possession of an aviation safety instrument, or any certificate, book, manual, record, list, notice, or other document that is required to be kept by or under this Act, relating or reasonably believed to relate to the commission of an offence or the non‑compliance with the condition (wherever and by whomsoever kept) and take and retain extracts or copies thereof to produce or surrender it;
compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised person to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to the investigation;
if such information is found in exercise of the power in paragraph (b), produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced or transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises;
require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or servicing of any aircraft or aeronautical product, or the provision of air traffic service or aviation‑related services to produce the machinery, equipment or other thing for inspection and to answer questions or provide information relating to the machinery, equipment or other thing;
inspect and test any machinery, equipment or other thing mentioned in paragraph (d);
if the Director-General of Civil Aviation or safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any provision of this Part or any applicable aviation safety subsidiary legislation, or any condition of an aviation safety instrument, seize any machinery, equipment, substance, record or other thing;
inspect, examine and take samples of any substance or thing on or in the aircraft, aerodrome, building, or place; or
photograph, or make sketches of, the aircraft, aerodrome, building, or place and any substance or thing on or in the aircraft, aerodrome, building, or place.
(5)
If the Director-General of Civil Aviation or a safety inspector seizes anything under this section, it may be retained by him or her until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but, in the case of records, the person from whom the records were seized must be permitted to inspect and make copies of the records.
(6)
Subsection (5) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings mentioned in that subsection are instituted so orders.
(7)
The Director-General of Civil Aviation or a safety inspector —
may arrest without warrant any person whom he or she reasonably believes has committed an arrestable offence under this Act; and
may exercise all or any of the powers in relation to investigations into an arrestable offence conferred on a police officer by the Criminal Procedure Code 2010 in any case relating to the commission of an arrestable offence under this Act or in any case where an arrestable offence is disclosed under any written law in the course of an investigation under this Act.
(8)
For the purposes of subsection (7), when the Director‑General of Civil Aviation or a safety inspector is exercising the powers of a police officer under that subsection, he or she is deemed to be an officer not below the rank of inspector of police.[4N