Singapore legislation
Section 68A
Section 68A
Powers to ensure compliance with by-laws, etc.
(1)
An authorised airport employee of an airport licensee or exempt airport operator for an airport may by written notice require any person using or who has used, or within, the airport (called a person of interest) to provide, within a reasonable period and in the form and manner specified in the notice, any documents or information which —
relate to any matter which the airport licensee, exempt airport operator or authorised airport employee (as the case may be) considers necessary for an enforcement purpose concerning that airport; and
are within the knowledge, or in or under the custody or control, of the person of interest.
(2)
The power to require a person of interest to provide any document or information under subsection (1) includes the power —
to require the person of interest, or any individual who is or was an officer, agent or employee of the person of interest, to provide an explanation of the document or information;
if the document or information is not provided, to require the person of interest, or that individual mentioned in paragraph (a), to state, to the best of the knowledge and belief of that person or individual, where the document or information is; and
if the information is recorded otherwise than in legible form, to require the information to be made available to the airport licensee, exempt airport operator or authorised airport employee (as the case may be) in legible form.
(3)
An authorised airport employee is entitled without payment to keep any document or information, or any copy or extract thereof, provided to him or her under subsection (1).
(4)
For an enforcement purpose concerning an airport, an authorised airport employee of an airport licensee or exempt airport operator (as the case may be) for the airport is entitled, at all reasonable times —
to full and free access to any place or aircraft within the airport;
to examine or observe any activity conducted in or on the place or aircraft;
to inspect and examine any thing in or on the place or aircraft;
to make any still or moving image or any recording of the place or any thing in or on the place or aircraft;
to inspect any document in the place or aircraft and make copies of, or take extracts from, any such document;
to take onto the place or aircraft such equipment and materials as the authorised airport employee requires for the purpose of exercising powers in this subsection in relation to the place or aircraft;
to operate electronic equipment in or on the place or aircraft; and
to require any individual found in the place or aircraft to answer, or to attend before the authorised airport employee to answer, any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information.
(5)
The power under subsection (4)(g) to operate electronic equipment in or on any place or aircraft includes —
the power to use a disk, tape or other storage device that is in or on the place or aircraft and can be used with the equipment or in association with the equipment;
the power to operate electronic equipment in or on the place or aircraft to put the relevant data in documentary form and remove the documents so produced from the place or aircraft; and
the power to operate electronic equipment in or on the place or aircraft to transfer the relevant data to a disk, tape or other storage device that —
is brought to the place or aircraft for the exercise of the power; or
is in or on the place or aircraft and the use of which for that purpose has been agreed in writing by the occupier of the place or aircraft,and remove the disk, tape or other storage device from that place or aircraft.
(6)
Any statement made by any individual in answer to a question under subsection (4)(h) must —
be reduced to writing;
be read over to the individual;
if the individual does not understand English, be interpreted in a language that the individual understands; and
after correction (if necessary) be signed by that individual.
(7)
An individual or a person —
who intentionally alters, suppresses or destroys any document or information which the individual or person has been required by a notice under subsection (1) or under subsection (4)(h) to provide; or
who, in providing any document or information required under subsection (1) or (4)(h) makes any statement which the individual or person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
(8)
An individual or a person who, without reasonable excuse, fails to do anything required of the individual or person by notice under subsection (1) or (4)(h) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.
(9)
However, an individual or a person is not subject to a requirement under subsection (1) or (4)(h) if —
the individual or person does not possess the document or information required; or
the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and is unable to obtain it.
(10)
To avoid doubt, for the purposes of subsection (8), it is a reasonable excuse for an individual or a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that individual or person.
(11)
In this section —
Definition
“authorised airport employee”, for an airport, means —
an employee of an airport licensee for the airport who is authorised by the Authority to exercise a power under this section in connection with an enforcement purpose relating to that airport; or
an employee of an exempt airport operator for the airport who is authorised by the Authority to exercise a power under this section in connection with an enforcement purpose relating to that airport;
Definition
“enforcement purpose”, in relation to an airport, means —
determining whether the provisions of the by-laws made under section 68 in relation to the airport, or any conditions imposed on any approval or permission granted under those by‑laws, are being complied with;
investigating any offence under the provisions of the by‑laws made under section 68 in relation to the airport; or
determining whether information provided to the airport licensee or exempt airport operator for the airport under a provision of the by-laws made under section 68 in relation to the airport is correct.