Singapore legislation
Clause 39
Clause 39
Suspension or revocation, etc., of airport licence
(1)
If the Authority is satisfied that —
an airport licensee is contravening, or is likely to contravene or has contravened —
any of the conditions of its airport licence;
any provision of this Act applicable to the airport licensee, for which no criminal penalty is prescribed for a contravention thereof; or
any code of practice or standard of performance applicable to the airport licensee;
an airport licensee has been convicted of an offence under section 14(2), 24(2), 49(3), 53(3), 54(3), 57(6) or 60(7);
an airport licensee has not complied with any direction or requirement issued by the Authority under section 38(3), 40, 45(4), 59(2) or 70(1) or any direction under this section;
any circumstance specified in an airport licensee’s airport licence giving rise to the Authority’s power to revoke or suspend the licence exists;
an airport licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction;
an airport licensee has made any assignment to, or composition with, its creditors; or
the public interest or security of Singapore requires,the Authority may do all or any of the following:
revoke its airport licence or suspend its airport licence for such period as the Authority thinks fit, except in a case of a contravention or likely contravention of any code of practice or standard of performance applicable to the airport licensee;
require the payment of a financial penalty not exceeding —
(BA)$1 million; or
(BB)the prescribed amount,whichever is applicable;
impose such other direction as the Authority considers appropriate restricting the airport licensee’s business of operating the airport.
(2)
The Authority shall not exercise its powers under subsection (1) unless an opportunity of being heard by a representative in writing or by counsel had been given to the airport licensee against which the Authority intends to exercise its powers, being a period of at least 14 days but not more than 28 days.
(3)
Where the Authority has made any decision under subsection (1) against any airport licensee, it shall serve on the airport licensee concerned a notice of its decision.
(4)
Subject to subsection (6), any decision by the Authority under subsection (1) against any airport licensee shall not take effect until the expiration of 14 days after the Authority has served the notice of the decision on the airport licensee concerned.
(5)
Where the airport licensee concerned has appealed under section 55 to the Minister against any decision by the Authority under this section, the decision shall not take effect unless the decision is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn.
(6)
The revocation or suspension of any airport licence under this section shall not prejudice the enforcement by any person of any right or claim against the airport licensee or former airport licensee, or by the airport licensee or former airport licensee of any right or claim against any person.
(7)
In this section —
Definition
“aeronautical revenue” means such payments received or to be received by an airport licensee for an airport from such of its services which are essential to the operation of the airport as may be prescribed;
Definition
“the prescribed amount” means —
where the ground for exercising any power under subsection (1) relates to any capital expenditure in relation to an airport or the airport services and facilities of an airport — 1% (or such other percentage as the Minister may, by order published in the Gazette, prescribe) of the gross aeronautical revenue from an airport licensee’s business of operating an airport received, or to be received, for each year during which the contravention or non-compliance occurred; or
where the ground for exercising any power under subsection (1) relates to aeronautical charges (within the meaning of sections 51 and 52) being in excess of the maximum prices set or approved under section 52(1) — 120% (or such other percentage as the Minister may, by order published in the Gazette, prescribe) of the total aeronautical charges in excess for each year during which those charges are in excess.
(8)
Every order made under subsection (7) shall be presented to Parliament as soon as possible after publication in the Gazette.