Clause 7

The Authority may, with the approval of the Minister, make regulations prescribing matters necessary or convenient to be prescribed for carrying out the Chicago Convention and any other international aviation convention, agreement, or understanding to which the Government is a party, in relation to safety of civil aviation, including but not limited to —

the design and manufacture of aircraft and aeronautical products;

the registration, marking and operation of aircraft;

the airworthiness of aircraft and any part thereof;

the manner of applying for aviation safety instruments, including the information that may be required, and the conditions to be satisfied, for the issue of aviation safety instruments;

regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes;

requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of aviation safety instruments, and providing for the grant, issue, cancellation, suspension or variation of such aviation safety instruments;

the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes;

regulation of air navigation services;

the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and such other measures as are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome;

the formal proof and authentication of instruments made or issued under this Act or the regulations made under this section;

empowering an officer authorised by the Authority to give or issue directives or instructions to all or any person holding an aviation safety instrument, being directives or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which such directives and instructions are to be notified;

providing for a right to appeal to the Minister against any decisions made by the Authority under the regulations (whose decision on appeal shall be final) and the procedure for such appeals;

standards relating to the establishment and use of airspace;

prohibiting or regulating the carriage or consignment for carriage on board an aircraft of dangerous goods or munitions of war;

the reporting of reportable safety matters under section 4O to contribute to the improvement of aviation safety by ensuring that relevant information on safety matters is reported, collected, stored, protected and disseminated;

requiring the operator of an aircraft that is flying into or out of Singapore to have a policy of insurance that insures the operator in respect of such liabilities as may be prescribed;

prescribing fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Part or the regulations made under this section; and

prescribing such saving and transitional provisions and such incidental, consequential or supplementary provisions as may be necessary or expedient.(2) Without prejudice to the generality of subsection (1), regulations may also provide for or with respect to —

the appointment, authorisation approval, designation, classification or certification of —

aircraft and aeronautical products;

aircraft operators;

pilots and flight crew members;

air traffic service personnel;

aircraft maintenance personnel;

air traffic services, search and rescue services and aeronautical information services;

aerodromes, aerodrome operators and aerodrome rescue and fire‑fighting services;

navigation installations;

aviation training organisations;

aircraft design, manufacture and maintenance organisations;

aeronautical procedures;

aeronautical meteorological services;

aeronautical telecommunications services;

any person who conducts an examination or assessment for the purpose of determining the competency of an applicant for or the holder of an aviation safety instrument to hold or continue to hold the instrument, including the ratings to be included in an aviation safety instrument; or

such other persons, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aviation-related services, facilities and equipment operated in support of the civil aviation system, as may, in the interests of safety, be specified in the regulations;

the setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons or things referred to in paragraph (a), including but not limited to —

the specification of the privileges, limitations, and ratings associated with aviation safety instruments or other forms of approval;

the setting of standards for training systems and techniques, including recurrent training requirements;

the setting of medical standards for personnel;

the requirement for proof of access to appropriate weather services;

the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products;

the requirements for notification of insurance coverage for air services;

the format of aviation safety instruments, forms, and applications, including the specification of information required on all application forms for aviation safety instruments;

the provision of information to the Authority by applicants for or holders of aviation safety instruments;

the requirements relating to the classification of aviation examiners and medical assessors and any related standards and restrictions on the exercise of their functions and powers;

the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments; and

the requirements and criteria for determining medical experts acceptable to the Authority for the purposes of reaching an accredited medical conclusion;

the definitions, abbreviations, and units of measurement to apply within the civil aviation system; and

the provision of body samples for drug or alcohol tests, including the persons or bodies authorised to take body samples, the persons who may be required to provide such a body sample, and the procedure for the handling and analysis of body samples taken in connection with drug or alcohol tests.(3) Any regulations may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation‑related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation‑related service in different circumstances.(4) The Authority may, in making any regulations under subsection (1), provide that any contravention or failure to comply with any of the provisions of the regulations shall be an offence punishable —

in the case of a first offence under the regulations, with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both; and

in the case of a second or subsequent offence under the regulations, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both.(5) The Authority may, in making any regulations under subsection (1), provide for the imposition of financial penalties for conduct that is a contravention of or failure to comply with a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations, being conduct that does not constitute an offence.(6) Where the regulations provide for the removal, marking or lighting of anything referred to in subsection (1)(i), the regulations shall also provide for the payment of compensation to any person who suffers loss or damage or incurs reasonable expense in or as a direct result of the removal, marking or lighting or complying with those regulations, unless that thing was erected or the tree or plant was planted in contravention of the regulations or of the conditions imposed by the regulations.(7) Where any regulation is made under this section regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes, no liability shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which the regulation applies, so long as the provisions of that regulation are duly complied with.(8) All regulations made under this section shall be presented to Parliament as soon as possible after publication in the Gazette.(9) For the avoidance of doubt, nothing in this Act authorises the making of any regulations providing that an aviation safety instrument shall be required by or in respect of the provision of airport services and facilities or the privilege to operate an airport within the meaning of the Civil Aviation Authority of Singapore Act 2009.Incorporation by reference, etc.3B.—

Any aviation safety subsidiary legislation may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the aviation safety subsidiary legislation deal, even if the code, standard, rule, requirement, specification or other document does not yet exist when the aviation safety subsidiary legislation is made, including but not limited to —

any code, standard, rule, requirement, specification or other document —

prescribed under law by any other Contracting State of the ICAO;

recommended, issued or adopted by the Singapore Productivity, Innovation and Standards Board, or a body or an organisation inside or outside Singapore that has functions corresponding to the functions of the Singapore Productivity, Innovation and Standards Board in any particular aspect of civil aviation; or

issued or adopted by any aviation sport or aviation recreation organisation approved by the Authority;

any standards, requirements or recommended practices issued or adopted by international aviation organisations; or

any code, standard, rule, requirement, specification or other document issued or adopted by the Authority or any Government department or any other public authority constituted by any written law.(2) Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any aviation safety subsidiary legislation —

in whole or in part; or

with modifications, additions, or variations specified in the regulation or order.(3) A copy of any material applied, adopted or incorporated by reference in any aviation safety subsidiary legislation, including any amendment to, or replacement of, the material, must be —

certified as a correct copy of the material by the Minister or the Authority (as the case may be); and

retained by the Authority.(4) Any material applied, adopted or incorporated in any aviation safety subsidiary legislation by reference under subsection (1) is to be treated for all purposes as forming part of the regulation or order; and, unless otherwise provided in the aviation safety subsidiary legislation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that aviation safety subsidiary legislation.(5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any aviation safety subsidiary legislation, the Authority must give notice in the Gazette stating —

that the material is incorporated in the aviation safety subsidiary legislation and the date on which the relevant provision in the aviation safety subsidiary legislation was made;

that the material is available for inspection during working hours, free of charge;

the place where the material can be inspected;

that copies of the material can be purchased;

the place where the material can be purchased; and

if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained.(6) The Authority shall cause a copy of every code, standard, requirement, rule or specification incorporated by reference under subsection (1) (other than a code, standard, rule, requirement, specification or other document recommended, issued or adopted by the Singapore Productivity, Innovation and Standards Board) to be made available for inspection by members of the public without charge at the office of the Director-General of Civil Aviation during normal office hours.(7) In this section, “modification” includes omissions, additions and substitutions.Use of code, standards, etc., in proceedings3C.—

This section applies to and in relation to any code, standard, rule, requirement, specification or other document issued by the Authority for the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of this Part or any duty or other requirement prescribed in any aviation safety subsidiary legislation.(2) Subsection (4) shall have effect where —

a person is alleged to have committed an offence under this Part or any aviation safety subsidiary legislation —

by reason of a contravention of any provision of this Part or of any aviation safety subsidiary legislation; or

by reason of a failure to discharge or perform a duty or other requirement imposed by this Part or any aviation safety subsidiary legislation; and

the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the criminal proceedings, a code, standard, rule, requirement, specification or other document referred to in subsection (1) relates.(3) Subsection (4) shall have effect where —

a holder of an aviation safety instrument is alleged to have not satisfied any requirement of this Part or any aviation safety subsidiary legislation applicable to holders of that aviation safety instrument —

by reason of a contravention of any provision of this Part or of any aviation safety subsidiary legislation; or

by reason of a failure to discharge or perform a duty or other requirement imposed by this Part or any aviation safety subsidiary legislation; and

the matter to which the alleged contravention or failure relates is one to which, in the opinion of the Authority or Minister in any administrative proceedings involving the exercise of any power under section 4C, 4D, 4E, 4H, 4J, 4K, 4L or 4N, a code, standard, rule, requirement, specification or other document referred to in subsection (1) relates.(4) In criminal proceedings referred to in subsection (2) or administrative proceedings referred to in subsection (3) —

compliance with a provision of such a code, standard, rule, requirement, specification or other document found by the court, Authority or Minister (as the case may be), to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or

a contravention of or a failure to comply with, whether by act or omission, any such provision so found,may be relied on by any party to those proceedings as tending to negative or establish any liability which is in question in those proceedings.Meaning of “fit and proper person”3D.—

For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Part, the Authority shall, having regard to the degree and nature of the person’s proposed involvement in the Singapore civil aviation system, have regard to, and give such weight as the Authority considers appropriate to, all of the following matters:

the person’s compliance history with aviation safety regulatory requirements;

the person’s relevant knowledge, competency and experience;

any history of physical or mental health or serious behavioural problems;

any conviction for any offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before the commencement of section 7 of the Air Navigation (Amendment) Act 2014;

any evidence of the exercise of any power under section 4C, 4D, 4E, 4H, 4J, 4K, 4L or 4N in relation to the person for committing an aviation safety offence or for contravening or failing to comply with any provision of this Act or any aviation safety subsidiary legislation;

whether the person is or was disqualified under section 4G from holding the same aviation safety instrument or such other related aviation safety instrument as the Authority shall specify by order under that section.(2) Subsection (1) applies to a body corporate with the following modifications:

paragraphs (a), (b), (d) and (e) of that subsection shall be read as if they refer to the body corporate and its officers; and

paragraphs (c) and (f) of that subsection shall be read as if they refer only to the officers of the body corporate.(3) For the avoidance of doubt —

the Authority shall not be confined to consideration of the matters specified in subsection (1) and may take into account such other matters and evidence as may be relevant; but(b)the Authority shall not take into account any reportable safety matter notified under section 4O by a person for the purpose of determining whether or not that person is a fit and proper person.(4) The Authority may seek and receive such information (including medical reports) as the Authority thinks fit or consider information obtained from any source.(5) If the Authority proposes to take into account any information that is or may be prejudicial to a person, the Authority shall, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it.(6) Nothing in subsection (5) requires the Authority to disclose any information, the disclosure of which would endanger the safety of any person.(7) In this section —“aviation safety offence” means an offence under this Act or any aviation safety subsidiary legislation;“aviation safety regulatory requirement” shall not include any security directive or other requirement imposed by or under Part IIB.Appointment of safety inspectors and delegation3E.—

The Authority may in writing appoint as safety inspectors any of the following persons:

any employee of the Authority with suitable qualifications and experience to properly exercise the powers of a safety inspector;

any individual who is not an employee of the Authority and has suitable qualifications and experience to properly exercise the powers of a safety inspector.(2) The Authority must issue to each safety inspector an identification card, which must be carried at all times by the safety inspector when exercising powers under any provision in this Part or any aviation safety subsidiary legislation.(3) Subject to subsection (5), the Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision in this Part or any aviation safety subsidiary legislation —

to the Director-General of Civil Aviation; or

to such of its employees, and such other individuals who are not its employees, as it appoints under this section to be a safety inspector in relation to that provision,and any reference in this Act or such aviation safety subsidiary legislation to the Authority shall include a reference to the Director-General of Civil Aviation or such a safety inspector.(4) Subject to subsection (5), the Director-General of Civil Aviation may, in writing, delegate to any employee of the Authority (whether or not appointed by the Authority to be a safety inspector) the exercise of all or any of the powers conferred or duties imposed upon him by any provision in this Act or any aviation safety subsidiary legislation; and any reference in this Act or such aviation safety subsidiary legislation to the Director-General of Civil Aviation shall include a reference to that employee.(5) Nothing in this section shall authorise delegating —

the power of delegation conferred by this subsection;

any power of the Authority to make aviation safety subsidiary legislation;

any power of the Director-General of Civil Aviation to make emergency directives of general application under section 4I; or

to any individual who is not an employee of the Authority any power under section 4C, 4D, 4E or 4G with respect to any aviation safety instrument.(6) Any delegation under subsection (1) or (2) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify.(7) Every safety inspector who is not an employee of the Authority and acting under this section shall be deemed to be a public servant for the purposes of the Penal Code (Cap. 224).”.