Section 19
Provisional orders to avoid imminent danger, etc.
(1)
Subject to subsection (4), where it appears to the Authority that a holder of an aviation safety instrument is contravening, or is likely to contravene, any condition of the aviation safety instrument, that there are reasonable grounds to believe there is a serious and imminent risk to air safety and that it is appropriate or requisite, to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public, that a provisional order be made under this section, the Authority must, instead of taking any decision under section 17 or 18, by provisional order make any provision that appears to it requisite for securing compliance with that condition.
(2)
A provisional order —
is to require the holder of an aviation safety instrument to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified;
is to take effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and
may be revoked at any time by the Authority.
(3)
In determining whether it is appropriate or requisite that a provisional order be made, the Authority must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of an aviation safety instrument, is likely to be done, or omitted to be done, before a decision under section 17 or 18 may be made.
(4)
Subject to subsections (5), (6) and (7), the Authority must, by written notice, confirm a provisional order, with or without modifications, if —
the Authority is satisfied that the holder of an aviation safety instrument to whom the order relates has contravened, or is likely to contravene, any condition of its instrument; and
the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition.
(5)
The Authority must not confirm a provisional order in relation to a holder of an aviation safety instrument if it is satisfied —
that the duties imposed on the Authority under this Act or the Civil Aviation Authority of Singapore Act 2009 preclude the confirming of such a provisional order;
that the holder of an aviation safety instrument has agreed to take, and is taking, all such steps as it appears to the Authority for the time being to be appropriate for the holder of that instrument to take for the purpose of securing or facilitating compliance with the condition in question; or
that the contraventions were, or the apprehended contraventions are, of a trivial nature.
(6)
Before the Authority confirms a provisional order, the Authority must give notice to the holder of an aviation safety instrument concerned —
stating that the Authority proposes to confirm the provisional order and setting out its effect;
setting out —
the relevant condition of the aviation safety instrument for the purpose of securing compliance with which the provisional order is to be confirmed;
the acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of that condition; and
the other facts which, in the Authority’s opinion, justify the confirmation of the provisional order; and
specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed confirmation may be made,and must consider any representations or objections which are duly made and not withdrawn.
(7)
The Authority must not confirm a provisional order with modifications except —
with the consent of the holder of an aviation safety instrument to whom the order relates; or
after —
serving on that holder of an aviation safety instrument such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and
considering any representations or objections which are duly made and not withdrawn.
(8)
In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), ceases to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order.[4E