Singapore legislation

Clause 4

of Air Navigation (Amendment) Bill

Clause 4

New sections 2A to 2E

The principal Act is amended by inserting, immediately after section 2, the following sections:“Application of Act2A. Except as otherwise expressly provided by sections 2D, 2E and 29E, this Act shall apply to and in relation to every person, aircraft, aerodrome, aeronautical product, air service and aviation-related service, in Singapore.Extra-territorial application of Act2B.—

(1)

Except as otherwise expressly provided by sections 2D and 2E, this Part and Part II also extend to —

(a)

every foreign registered aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties to Singapore;

(b)

every Singapore registered aircraft outside Singapore, subject to any 83 bis agreement that has the effect of transferring functions or duties to another Contracting State;

(c)

every holder of an aviation safety instrument while outside Singapore and exercising or purporting to exercise privileges accorded by that instrument;

(d)

every person in, or any of the crew of, any Singapore registered aircraft or aircraft operated by a Singapore operator, wherever they may be, in so far as this Act prohibits, requires or regulates the doing of anything by such persons in, or by any of the crew of, Singapore registered aircraft or aircraft operated by a Singapore operator; and

(e)

every other person wherever they may be, in so far as any provision of this Act prohibits, requires or regulates the doing of anything in relation to any Singapore registered aircraft or aircraft operated by a Singapore operator, by such other persons.(2) Except where an act or omission is required in order to comply with the laws of any foreign country, every holder of an aviation safety instrument who, while outside Singapore and exercising or purporting to exercise the privileges accorded by that instrument, commits an act or omission that would constitute an offence under this Act if it were committed in Singapore, shall be deemed to have committed an offence under this Act and may be proceeded against in Singapore as if the act or omission had occurred within Singapore.(3) Nothing in this section shall be interpreted as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign country or territory that applies to or in respect of the person or aircraft.Article 83 bis agreements2C.—

(1)

A provision in this Act (referred to as the applied provision) shall apply to an aircraft that is registered in a Contracting State as if the aircraft were a Singapore registered aircraft if —

(a)

an 83 bis agreement to which Singapore is a party and which is in force has the effect of transferring a function of the Contracting State as the State of Registry in respect of the aircraft to Singapore; and

(b)

the agreement states that the applied provision relates to that function.(2) A provision in this Act (referred to as the disapplied provision) shall not apply to a Singapore registered aircraft if —

(a)

an 83 bis agreement to which Singapore is a party and which is in force has the effect of transferring a function of Singapore as the State of Registry in respect of the aircraft to a Contracting State; and

(b)

the agreement states that the disapplied provision relates to that function.(3) Notwithstanding anything in this Act, a reference in this Act (other than subsections (1) and (2) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of Registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Singapore in accordance with Article 83 bis of the Chicago Convention.(4) If Singapore has entered into an 83 bis agreement or an 83 bis agreement to which Singapore is a party has been amended, the Authority shall, as soon as practicable, publish in the Gazette, a notice setting out the following particulars of the agreement or amendment:

(a)

the Contracting State that is the other party to the agreement;

(b)

the date of commencement of the agreement or amendment;

(c)

the aircraft to which the agreement or amendment relates;

(d)

the functions of the State of Registry in respect of the aircraft that are transferred under the agreement or amendment; and

(e)

the provisions of this Act that are stated in the agreement or amendment to be related to the functions.(5) If an 83 bis agreement has ceased to be in force, the Authority shall, as soon as practicable, publish in the Gazette, a notice setting out particulars of that cessation.(6) For the avoidance of doubt, any reference in this section to the Act includes a reference to any aviation safety subsidiary legislation.Exemption of state aircraft, etc.2D. This Act, with the exception of Part IIA and the provisions of any aviation safety subsidiary legislation —

(a)

shall not apply to any state aircraft or navigation by state aircraft; and

(b)

shall not limit the privileges or immunities of any foreign state aircraft and the officers and crew of any foreign state aircraft.Act is binding on Government2E.—

(1)

Except as otherwise expressly provided by this Act, this Act shall bind the Government, and shall apply to and in relation to aircraft belonging to or exclusively employed in the service of the Government, other than state aircraft, as they apply to or in relation to other Singapore registered aircraft or aircraft which are capable of being registered in Singapore.(2) Nothing in this Act renders the Government liable to be prosecuted for an offence, but this section shall not prevent the prosecution of —

(a)

a member of the crew of an aircraft owned by the Government; or

(b)

any other person employed by the Government.”.