Singapore legislation

Section 72

of Civil Aviation Authority of Singapore Act 2009

Section 72

Special administration order, etc., made on application by Authority

Amended by40/2018

(1)

If, on an application made to the Minister by the Authority, the Minister is satisfied in relation to any company that is an airport licensee that any one or more of the grounds specified in subsection (2) is satisfied in relation to that company, the Minister may make any one or more of the following orders:

(a)

a special administration order in relation to that company;

(b)

an order requiring the company immediately to take any action or to do or not to do any act or thing in relation to its business as the Minister may consider necessary;

(c)

an order appointing a person to advise the company in the proper conduct of its business.

(2)

The grounds mentioned in subsection (1) are, in relation to any company that is an airport licensee for an airport —

(a)

that there has been, is or is likely to be such a contravention by the company of the conditions of its airport licence or this Act, which is serious enough to make it inappropriate for the company to continue to hold the airport licence for that airport;

(b)

that the company is or is likely to be unable to pay its debts;

(c)

that the Minister considers it in the interest of the security and reliability of the provision of airport services and facilities relating to that airport; or

(d)

that the Minister otherwise considers it in the public interest.

(3)

Notice of any application under subsection (1) must be given immediately by the Authority to such persons and in such manner as may be prescribed.

(4)

Any decision of the Minister under subsection (1) is final.

(5)

The Minister may at any time (whether or not the appointment of the person has terminated) fix the remuneration and expenses to be paid by a company which is an airport licensee to any person appointed by the Minister under subsection (1)(c) to advise the company in the proper conduct of its business.

(6)

For the purposes of this section, a company is unable to pay its debts if it is a company which is deemed to be so unable under section 125(2) of the Insolvency, Restructuring and Dissolution Act 2018.

Amended by40/2018

(7)

Nothing in Part 5 applies to prohibit or invalidate any special administration order or other order made under this Part or any transaction entered into to give effect to such an order.