Singapore legislation

Clause 25

of Transport Sector (Critical Firms) Bill

Clause 25

New section 97A

In the CAAS Act, after section 97, insert —“Advisory guidelines97A.—

(1)

The Authority may make advisory guidelines about any aspect of airport services and facilities or essential transport services.(2) The Authority may also make advisory guidelines with a view to providing guidance or certainty in respect of any one or more of the provisions in this Act.(3) Advisory guidelines under subsection (1), for example, may be made about —

(a)

any matter in respect of which codes of practice and standards of performance may be made under section 44; or

(b)

the use, construction, design or performance of anything relating to airport services and facilities or essential transport services.(4) Advisory guidelines under subsection (2), for example, may be made about —

(a)

what amounts to a material function of a designated operating entity for the purposes of section 67B(1)(a); or

(b)

the relevant principles to consider in determining what amounts to a material impediment to or impairment of the operations of a designated operating entity for the purposes of section 67B(3)(a).(5) The Authority may make different advisory guidelines under subsection (2) in respect of different persons or entities or different classes of persons or entities.(6) The Authority must —

(a)

give a copy of each advisory guideline it makes to the Minister; and

(b)

publish each advisory guideline (in any way that the Authority thinks fit), send each advisory guideline to each person or entity to whom the guideline applies (by any mode the Authority thinks fit), or both.(7) Despite subsection (6)(b), the Authority must publish each advisory guideline (in any way that the Authority thinks fit) if the advisory guideline has any effect on the rights of any person or entity other than the person or entity to which the advisory guideline applies.(8) The failure to comply with subsection (6) or (7) in respect of any advisory guideline does not invalidate the advisory guideline.”.