Clause 18

Where power is conferred by this Act to make subsidiary legislation prescribing fees or charges, the subsidiary legislation may —

prescribe or fix different rates of fees and charges in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation‑related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis;

specify the persons by whom and to whom any fees or charges are payable;

prescribe a penalty for late payment of any fee or charge, or any additional fees or charges for work or services carried out outside normal working hours or on public holidays;

provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases;

provide for the granting of a rebate of such fees or charges to any person who is liable to pay them —

based on the quantity of services used by the person liable to pay the fees or charges; and

be offered on an equal percentage basis to any other person using a similar quantity of such services; and

require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns.(2) Where any fee or charge that is payable under this Act or any subsidiary legislation made under this Act for an aviation safety instrument is not paid by the date prescribed or fixed under the Act or subsidiary legislation for payment of that fee or charge, the Authority may suspend the aviation safety instrument to which the unpaid fee or charge relates.Financial penalties payable to Consolidated Fund29B.—

Any financial penalty imposed on any person by the Authority under this Act or any subsidiary legislation made under this Act —

shall be collected, and may be sued for and recovered by the Authority; (b)shall deemed to be a debt due to the Government for the purposes of section 127 of the Bankruptcy Act (Cap. 20) and section 10 of the Government Proceedings Act (Cap. 121); and

shall be paid to the Consolidated Fund upon such collection or recovery,and where the person is the holder of an aviation safety instrument, or a licence or permit, that person’s liability to pay shall not be affected by his aviation safety instrument, licence or permit ceasing, for any reason, to be in force.(2) The members, officers and employees of the Authority shall, in relation to their administration, assessment, collection and enforcement of payment of —

the composition sums imposed under section 28A; or

the financial penalties due and payable by any person under this Act or any subsidiary legislation made under this Act,be deemed to be public officers for the purposes of the Financial Procedure Act (Cap. 109), and section 20 of that Act shall apply to these members, officers and employees of the Authority notwithstanding that they are not or were not in the employment of the Government.False information29C.—

A person commits an offence who —

by any means, provides to the Authority or any other person information relevant to the Authority’s or the person’s exercise of powers under this Act, or under any subsidiary legislation made under this Act, knowing the information to be false; or

being an applicant for any aviation safety instrument or other licence or permit, fails, without reasonable excuse, to provide to the Authority or other person information known to that applicant which is relevant to the Authority’s or other person’s exercise of powers under this Act, or under any subsidiary legislation made under this Act.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.Obstructing performance of official duties29D.—

Without prejudice to section 14C, a person who refuses to give access to, or obstructs, hinders or delays —

the Director-General of Civil Aviation, any safety inspector or any officer or employee of the Authority authorised to act for or assist the Authority;

the National Civil Aviation Security Authority, any police officer authorised to act for or assist the National Civil Aviation Security Authority or any aviation security inspector; or

any Inspector under Part IIA or any officer of the AAIB acting under the authority of the Minister or the Chief Inspector of Accidents pursuant to that Part,in the discharge of his duties under this Act or any subsidiary legislation made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.(2) It shall not be an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any safety inspector or aviation security inspector who fails to declare his office and refuses to produce his identification card on demand being made by that person.General exemption29E. The Minister may, by order published in the Gazette, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act or of its subsidiary legislation, subject to such terms or conditions as may be specified in the order.Delegation of Minister’s powers29F.—

Subject to subsection (3), the Minister may from time to time, either generally or particularly, in writing delegate to the Authority or any public officer in his Ministry any of the Minister’s functions and powers under this Act or any subsidiary legislation made under this Act.(2) The Authority or a public officer referred to in subsection (1) may exercise any functions or powers so delegated to the Authority or public officer, as the case may be, in the same manner and with the same effect as if they had been conferred on the Authority or public officer directly by this section and not by delegation, but subject to any general or special directions given or conditions imposed by the Minister.(3) Nothing in this section shall authorise delegating —

the power of delegation conferred by this section;

any power of the Minister to make subsidiary legislation under this Act; or

any power of the Minister to determine appeals from the decision of the Authority, the National Civil Aviation Security Authority or any licensing authority specified in the regulations made under section 16.(4) In this Act or any subsidiary legislation made under this Act, any reference to the Minister determining an appeal shall include a reference to such Minister of State for his Ministry as is designated by the Minister to hear, in his place, that appeal.”.