Singapore legislation

Section 90

of Air Navigation Act 1966

Section 90

Interception, etc., of unmanned aircraft

Amended by16/201516/201516/201518/201816/201534/201916/201516/201516/201518/201816/2015

(1)

Where an authorised person has reason to believe that an unmanned aircraft is being operated in a manner —

(a)

that contravenes any provision of this Act or any aviation safety subsidiary legislation; or

(b)

that poses a serious and an imminent risk to safety of the public,the authorised person may, subject to subsection (3), exercise all or any of the powers in subsection (2) in relation to the unmanned aircraft for either purpose:

(c)

preventing further contravention of any provision of this Act or any aviation safety subsidiary legislation;

(d)

preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the safety of the public.

Amended by16/2015

(2)

For the purposes of subsection (1), the powers that may be exercised by an authorised person in relation to an unmanned aircraft are without warrant —

(a)

to direct any person whom the authorised person reasonably believes to be involved in the operation of the unmanned aircraft —

(i)

to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or

(ii)

to fly the unmanned aircraft in the manner specified by the authorised person;

(b)

with such assistance and by such force as is necessary —

(i)

to assume control of an unmanned aircraft to fly the aircraft or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or

(ii)

to end the flight of the unmanned aircraft in the fastest and safest practicable way; or

(c)

to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft, or other thing, that the authorised person believes on reasonable grounds —

(i)

to be evidential material; or

(ii)

needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act or any aviation safety subsidiary legislation.

Amended by16/2015

(3)

In authorising any person under subsection (1), the Commissioner of Police, the Chief of Defence Force or the Authority (as the case may be) may do all or any of the following:

(a)

limit the powers in subsection (2) that the authorised person may exercise;

(b)

limit when the authorised person may exercise his or her powers in subsection (2) or any of them;

(c)

limit where in Singapore the authorised person may exercise his or her powers in subsection (2) or any of them;

(d)

limit the circumstances in which the authorised person may exercise his or her powers in subsection (2) or any of them;

(e)

limit the offences in respect of which the authorised person may exercise his or her powers in subsection (2) or any of them.

Amended by16/201518/2018

(4)

Any person who, without reasonable excuse, contravenes any direction under subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.

Amended by16/201534/2019

(5)

A Magistrate may, on an application by the Authority, make an order authorising the Authority to destroy or otherwise dispose of any thing seized under subsection (2)(c) by a safety inspector, if the Magistrate is satisfied that —

(a)

apart from this section, a safety inspector or the Authority is required to return the thing to a person; and

(b)

the safety inspector or the Authority cannot, despite making reasonable efforts, locate the person or the person has refused to take possession of that thing.

Amended by16/2015

(6)

In this section, “evidential material” means any thing that is relevant to proving a contravention of any provision of this Act or any aviation safety subsidiary legislation (whether or not an offence).

Amended by16/2015

(7)

In this section, an authorised person is —

(a)

a police officer, or an auxiliary police officer, of or above the rank of sergeant and authorised by the Commissioner of Police to exercise powers under this section;

(b)

a member of the Singapore Armed Forces who is authorised by the Chief of Defence Force to exercise powers under this section;

(c)

a safety inspector authorised by the Authority to exercise powers under this section; or

(d)

an individual with the suitable qualifications and experience to properly exercise one or more of the powers in subsection (2) and authorised by the Authority to do so.

Amended by16/201518/2018

(8)

To avoid doubt, nothing in this section derogates from the provisions of the Criminal Procedure Code 2010 or section 201B of the Singapore Armed Forces Act 1972.[29G

Amended by16/2015