Civil Aviation Authority of Singapore Bill

air traffic control services, including air traffic control service for arriving or departing controlled flights, for controlled flights in controlled areas or for traffic within any manoeuvring area and other aerodrome traffic;

air traffic advisory services provided within advisory airspace to ensure separation, in so far as practical, between aircraft which are operating on flight plans in accordance with Instrument Flight Rules;

flight information services;

alerting services provided to notify appropriate organisations regarding aircraft in need of search and rescue aid, and to assist such organisations as may be required;

meteorological services for air navigation;

search and rescue services; and

aeronautical information services for the provision of aeronautical information and data necessary for the safety, regularity and efficiency of air navigation;

preventing collisions between aircraft, and between aircraft and obstructions on any manoeuvring area; and

expediting and maintaining an orderly flow of air traffic;

to enable the landing and taking off of aircraft, such as the provision within such areas of —

airfields, runways, taxiways, parking aprons and parking stands for aircraft;

facilities and services for apron control;

airfield and associated lighting;

services to maintain and repair airfields, runways, taxiways and parking aprons for aircraft;

rescue, fire safety and environmental hazard control services;

airfield supervisory and security services;

to enable, within certain areas of an airport, the servicing and maintenance of aircraft and the handling of cargo carried, or to be carried, by aircraft, such as the provision within such areas of —

hangars;

services and facilities for the maintenance and refueling of aircraft and waste disposal;

services and facilities for the storing and processing of cargo;

security, customs and quarantine services for cargo;

in relation to aircraft passengers in an airport, such as the provision of —

aerobridges, passenger thoroughfares and seating areas;

flight information and public address systems;

flight catering services and facilities;

services and facilities for the operation of customs, immigration, and quarantine checks and control;

facilities for the sale and collection of duty-free items;

services and facilities for the operation of security and police services;

activities undertaken (including the services and facilities provided) in a passenger terminal to enable the check-in and screening of passengers, including services for baggage handling and screening;

the holding of any facilities and assets (including land) acquired or held to provide the services referred to in this paragraph in the future (whether or not used for any other purpose in the meantime);

in relation to visitors to the airport, such as services and facilities for the parking of motor vehicles and other related services and facilities; and

at or from an airport for such purposes in connection with or incidental to the operation of the airport as may be prescribed,but does not include air navigation services;

all the lands, buildings and other property, movable or immovable, vested in the Authority immediately before the transfer date for the airport purposes of the Authority, excluding such lands, buildings and other property as may be specified by the Minister (referred to in this Act as excluded property); and

all assets, powers, rights, interests, privileges, debts, liabilities and obligations connected with lands, buildings and other property referred to in paragraph (a), other than excluded property;

managing and maintaining or otherwise exercising control over the operation of the airport;

providing airport services and facilities at the airport; and

exercising control over the direction to be taken in relation to the development of the airport,and “operation” and “operating” shall be construed accordingly;

a service charge payable in respect of the aircraft;

a late payment penalty on any levy or service charge payable in respect of the aircraft;

interest for late payment of any levy or service charge payable in respect of the aircraft;

any defined area of land in Singapore used, intended or designed to be used, either wholly or partly —

for the landing, taking off, movement, or servicing of aircraft;

for the storage, loading and unloading of cargo carried or to be carried by aircraft; or

for the movement of passengers to facilitate their travel to and from Singapore by aircraft;

any road leading into an area referred to in paragraph (a);

any buildings, installations, and equipment on or adjacent to any such area used in connection with the airport or its administration.

the person who is to be the 5% controller or an indirect controller of the airport licensee, as the case may be, is a fit and proper person;

having regard to the person’s likely influence —

the airport licensee will continue to conduct its business prudently and comply with the provisions of this Act; or

the trustee-manager of the business trust will continue to conduct the business of the business trust prudently and comply with the provisions of this Act; and

it is in the public interest to do so.

in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part thereof during which the offence continues after conviction; or

in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.

he was not aware that he had contravened subsection (1); or

he has, within a period of 14 days after becoming aware that he had contravened subsection (1), notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to his holding of equity interests or control of voting power in the airport licensee or the business trust as the Authority may direct.

the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of his associates in the airport licensee or designated business trust, as the case may be;

he has no agreement or arrangement, whether oral or in writing and whether express or implied, with that associate with respect to the acquisition, holding or disposal of equity interests or other interests in, or under which they act together in exercising their voting power in relation to, the airport licensee or the business trust; and

he has, within a period of 14 days after the date of the contravention, notified the Authority of the contravention and, within such time as may be determined by the Authority, taken such actions in relation to his holding of equity interests or control of voting power in the airport licensee or the business trust as the Authority may direct.

he was not aware that he had contravened subsection (5); and

he has, within a period of 5 days after becoming aware that he had contravened subsection (5), notified the Authority of the contravention.

the business of an airport licensee (or any part thereof) conducted pursuant to its licence for an airport; or

the business (or any part thereof) of a designated business trust relating to an airport or any part thereof in respect of which, wholly or in part, the business trust is established,unless the person and the airport licensee, or the trustee-manager of the business trust, as the case may be, has obtained the prior written approval of the Authority.

the person acquiring the business is a fit and proper person;

the acquisition will not affect the security and reliability of the supply of airport services and facilities at the airport concerned to the public; and

it is in the public interest to do so.

be made jointly by the person and by the airport licensee or the trustee-manager of the airport licensee that is a business trust, as the case may be; and

be made in such form and manner as may be specified by the Authority.

in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part thereof during which the offence continues after conviction; or

in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.

the person has contravened section 57(1) or 58(1);

in the case of a person who has obtained the Authority’s approval under section 57(1) or who has been exempted from section 57(1) —

the person is not or ceases to be a fit and proper person;

having regard to the person’s likely influence, the airport licensee or the trustee-manager of the business trust that is a designated business trust, as the case may be, is not, or is no longer, likely to conduct the business of the airport licensee or business trust prudently or to comply with the provisions of this Act; or

it is not, or is no longer, in the public interest to allow the person to continue to be a 5% controller or an indirect controller, as the case may be;

in the case of a person who has obtained the Authority’s approval under section 58(1) or who has been exempted from section 58(1), and who has acquired as a going concern a business referred to in section 58(1) —

the person is not or ceases to be a fit and proper person; or

it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business;

any condition of approval imposed on the person under section 57 or 58 has not been complied with;

the person has furnished false or misleading information or documents in connection with the person’s application for approval under section 57 or 58; or

the Authority would not have granted its approval under section 57 or 58 had it been aware, at that time, of circumstances relevant to the person’s application for such approval.

direct the person to take such steps as are necessary, within such period as may be specified by the Authority, to ensure that he ceases to be a 5% controller or an indirect controller of the airport licensee or designated business trust;

direct the transfer or disposal of all or any of the equity interest held by the person or any of his associates (referred to in this section and section 61 as the specified equity interest) within such time and subject to such conditions as the Authority considers appropriate;

restrict the transfer or disposal of the specified equity interest; or

make such other direction as the Authority considers appropriate.

direct the person to transfer or dispose of all or any part of the business within such time and subject to such conditions as the Authority considers appropriate;

restrict the transfer or disposal of all or any part of the business; or

make such other direction as the Authority considers appropriate.

in the case of an individual, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part thereof during which the offence continues after conviction; or

in any other case, to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part thereof during which the offence continues after conviction.

no voting rights shall be exercisable in respect of the specified equity interest unless the Authority expressly permits such rights to be exercised;

no equity interest of the airport licensee, the entity or the business trust shall be issued or offered (whether by way of rights, bonus or otherwise) in respect of the specified equity interest unless the Authority expressly permits such issue or offer; and

except in a winding up of the airport licensee, the entity or the business trust, no payment shall be made by the airport licensee, the entity or the trustee-manager of the business trust of any amount (whether by way of dividends or otherwise) in respect of the specified equity interest unless the Authority expressly authorises such payment,until the transfer or disposal is effected in accordance with the direction or until the direction is revoked, as the case may be.

holds 5% or more of the total equity interests in; or

is in a position to control 5% or more of the voting power in,the airport licensee or designated business trust;

an acquisition by will or by devolution by operation of law; or

an acquisition by way of enforcement of a loan security;

is in the direct employment of, or acting for or by arrangement with, the airport licensee; and

is principally responsible for the management and conduct of any type of business of the airport licensee,and includes any person for the time being performing any or all of the functions or duties of a chief executive officer;

in relation to a body corporate, means holding a voting share in that body corporate, including having an interest in that share or otherwise having a legal or an equitable interest in that share except for such interest as is to be disregarded under section 7 of the Companies Act; and

in relation to a business trust, means a unit in that business trust (including a legal or an equitable interest in that unit),and includes such prescribed circumstances under which a person would be considered to hold a percentage of the total equity interest in an entity;

in accordance with whose directions, instructions or wishes the directors or other officers of the airport licensee or the trustee-manager of the business trust, as the case may be, are accustomed or under an obligation, whether formal or informal, to act; or

who is in a position to determine the policy of the airport licensee or the trustee-manager of the business trust,but does not include —

in the case of the airport licensee, any person who is a director or other officer of the licensee and whose appointment as such has been approved by the Authority under section 59; or

any person in accordance with whose directions, instructions or wishes the directors or other officers of the airport licensee or the trustee-manager of the business trust, as the case may be, are accustomed to act by reason only that they act on advice given by him in his professional capacity;

a director, a secretary or an employee of the company;

a receiver and manager of any part of the undertaking of the company appointed under a power contained in any instrument; or

a liquidator of the company appointed in a voluntary winding up;

the person’s spouse;

a parent or remoter lineal ancestor of the person;

a son, daughter or remoter issue of the person;

a brother or sister of the person;

stock into which any or all of the share capital of the company has been converted; and

an interest in such a share or in such stock;

a relative of the person;

a partner of the person;

a company of which the person is an officer;

if the person is a company, an officer of the company;

an employee or employer of the person;

an officer of a company of which the person is an officer;

an employee of an individual of whom the person is an employee;

the trustee of an discretionary trust where the person or another person who is an associate of the person by virtue of another paragraph in this subsection benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed companies, partnerships or trusts;

a company whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person;

a company where the person is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the company;

such other person as may be prescribed by regulations.

the first person and the second person being in a position, by acting together, to control any of the voting power in a company;

the power of the first person and the second person, by acting together, to appoint or remove a director of a company;

the situation where one or more of the directors of a company are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the first person and the second person acting together,then, the second person shall be taken to be an associate of the first person for the purposes of the application of any provision in this Part in relation to the matter concerned.

the making of distributions of capital or profits of the company to its shareholders;

the memorandum and articles of association of the company, or any rules or other documents constituting the company or governing its activities;

any variation of the share capital of the company.

the person has entered into a contract to purchase the share;

the person has a right (otherwise than because of having an interest under a trust) to have the share transferred to the person or to the person’s order (whether the right is exercisable presently or in the future and whether or not on the fulfilment of a condition);

the person has a right to acquire the share, or an interest in the share, under an option (whether the right is exercisable presently or in the future and whether or not on the fulfilment of a condition);

the person is otherwise entitled to acquire the share or an interest in the share, or enter into a transaction; or

the person is entitled (otherwise than because of having been appointed as a proxy or representative to vote at a meeting of members of the company or of a class of its members) to exercise or control the exercise of a right attached to the share.

its remoteness;

the manner in which it arose; or

the fact that the exercise of a right conferred by the interest is, or is capable of being made, subject to restraint or restriction.

an interest in a share held by a person whose ordinary business includes the lending of money if the person holds the interest as a loan security;

an interest in a share held by a person, being an interest held by the person because the person holds a prescribed office;

an interest of a prescribed kind in a share, being an interest held by such persons as are prescribed;

an interest in a share held by the Government or the Minister for Finance in his corporate capacity;

an equity interest of a prescribed kind in a company, being an equity interest held by a prescribed person.

a person holds an interest in a share as a loan security;

the ordinary business of the person includes the lending of money;

the loan security is enforced;

as a result of the enforcement of the loan security, the person becomes the holder of the share; and

the person holds the share for a continuous period (referred to as the holding period) beginning at the time when the security was enforced,the person’s interest in the share shall be disregarded at all times during so much of the holding period as occurs during whichever of the following periods is applicable:

the period of 90 days beginning when the security was enforced;

if the Authority, by written notice given to the person, allows a longer period, the end of that longer period.

in the case of an individual —

by delivering it to the individual personally;

by leaving it with an adult person apparently resident at, or by sending it by pre-paid registered post to, the usual or last known address of the place of residence of the individual;

by leaving it with an adult person apparently employed at, or by sending it by pre-paid registered post to, the usual or last known address of the place of business of the individual;

by affixing a copy of the notice in a conspicuous place at the usual or last known address of residence or business of the individual; or

by sending it by facsimile transmission to the fax transmission number operated at the usual or last known address of the place of residence or business of the individual, or the last fax number given to the Authority or an authorised officer by the individual as the facsimile transmission number for the service of documents on the individual;

in the case of a partnership other than a limited liability partnership —

by delivering it to any one of the partners or the secretary or other like officer of the partnership;

by leaving it at, or by sending it by pre-paid registered post to, the principal or last known place of business of the partnership in Singapore; or

by sending it by facsimile transmission to the fax transmission number operated at the principal or last known place of business of the partnership in Singapore; and

in the case of any limited liability partnership or any other body corporate —

by delivering it to the secretary or other like officer of the body corporate or, in the case of a limited liability partnership, the manager thereof;

by leaving it at, or by sending it by pre-paid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or

by sending it by facsimile transmission to the fax transmission number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore.

sent by a facsimile transmission to the fax transmission number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it shall be deemed to have been duly served on the person to whom it is addressed on the day of transmission, subject to receipt on the sending facsimile machine of a notification (by electronic or other means) of a successful transmission to the place of residence or business or registered office or principal office, as the case may be; and

sent by pre-paid registered post, it shall be deemed to have been duly served on the person to whom it is addressed 2 days after the day the notice or document was posted, whether or not it is returned undelivered.

the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by the regulations and in respect of any other matters in respect of which it appears to the Authority to be expedient for the purpose of the regulations to charge fees;

the manner of appointment, conduct and discipline and the terms and conditions of service of employees of the Authority;

the payment of gratuities and other benefits to employees of the Authority;

the monitoring and evaluation of the quality of such aspects of airport services and facilities provided by airport licensees or by a person other than such a licensee under an agreement with an airport licensee;

the offences which may be compounded under section 85;

the prescribing of anything that is required or permitted to be prescribed under this Act.

a member of the Authority under the repealed Act; or

the chief executive officer of the Authority under the repealed Act,shall cease holding such appointments, and no such person shall be entitled to any compensation or other payment in respect of the cessation of his appointment under this subsection despite anything to the contrary in the terms of his appointment.

to run from the date or event from which it was running immediately before that date; and

to expire (subject to any provision of this Act for its extension) whenever it would have expired if this Act had not been enacted,and any rights, priorities, liabilities, reliefs, obligations, requirements, powers, duties or exemptions dependent on the beginning, duration or end of such a period as above mentioned shall be under this Act as they were or would have been under that former provision.

a Chairman; and

such other members as the Minister may from time to time determine, being not less than 3.

to regulate safety and promote safety and security in civil aviation and to exercise safety regulatory oversight over civil aviation operations in Singapore and the operation of Singapore aircraft outside Singapore;

to exercise licensing and regulatory functions in respect of the provision of air services, the operation of airports and the provision of airport services and facilities in Singapore;

to regulate and promote competition and fair and efficient market conduct in the operation of airports and the provision of airport services and facilities or, in the absence of a competitive market, to prevent the misuse or abuse of monopoly or market power;

to regulate, encourage, promote, facilitate and assist in the use, development and improvement of air services, airports and aerospace industries;

to ensure that there are provided in every airport (whether by itself or by any airport licensee) adequate and efficient airport services and facilities on such terms as the Authority thinks expedient;

to provide air navigation services within the Singapore Flight Information Region and such other area as the Minister may authorise;

to provide or co-ordinate search and rescue services to aircraft in distress within the Singapore Search and Rescue Region;

to encourage, promote, facilitate and assist in the development and improvement of civil aviation capabilities, skills and services in Singapore;

to provide technical, consultancy and management services relating to any of the matters referred to in this subsection;

to act internationally as the national authority or body representing Singapore in respect of matters relating to civil aviation;

to discharge or facilitate the discharge of international obligations of the Government as a Contracting State or otherwise in respect of civil aviation;

to collaborate and enter into agreements and arrangements with organisations in respect of any matter relating to civil aviation and any other matter as the Authority thinks expedient;

to foster appropriate education and provide training and training facilities in respect of any matter relating to civil aviation;

to advise the Government on all matters relating to civil aviation;

to promote understanding of civil aviation policies and programmes;

to promote research and development on any matter relating to civil aviation; and

to carry out such other functions and duties as are conferred or imposed on the Authority by or under this Act or any other written law.

satisfying all reasonable demands for air services, air navigation services and airport services and facilities;

ensuring that any person licensed or otherwise authorised under this Act to operate any airport is able to do so efficiently whilst maintaining independent financial viability;

fostering the development and expansion of Singapore as an aviation hub;

enabling persons providing airport services or air navigation services, and persons operating airports or providing airport services and facilities in Singapore, to compete effectively in doing so outside Singapore; and

the promotion of measures for the safety and security of life and property in aircraft, airports and other civil aviation facilities.

be known by such designation as the Authority may determine;

be responsible to the Authority for the proper administration and management of the functions, duties and affairs of the Authority in accordance with the policy laid down by the Authority; and

not be removed from office without the consent of the Minister.

the Authority or any member, officer or employee of the Authority; or

any authorised officer or other person acting under the directions of the Authority,for anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any other written law conferring or imposing a function or power or imposing a duty on the Authority.

loss of, or damage to, an aircraft or airport during the seizure of an aircraft in accordance with section 92;

loss of, or damage to, an aircraft so seized while it is in the custody, possession or control of the Authority or of any member, officer or employee of the Authority;

any economic loss suffered by a person as a result of such a seizure.

a member, an officer, an employee, an adviser or an agent of the Authority;

a member of a committee of the Authority or an Appeals Advisory Panel; or

an authorised officer or a responsible person for information obtained by an authorised person in the performance of the duties or exercise of the functions of the authorised person under this Act,shall disclose any information relating to the affairs of the Authority or of any other person which has been obtained by him in the performance of his duties or the exercise of his functions under this Act.

the employee of the authorised person to whom the information was disclosed or who has access thereto; and

if the information is stored —

on a database — the employee of the authorised person who has day-to-day control of the database; or

otherwise — the employee of the authorised person who has day-to-day responsibility for the system under which the information is stored.

grants made to it under section 17;

all levies, fees, charges, fines, composition sums and financial penalties payable to the Authority under this Act;

all moneys paid to, and all other moneys and property lawfully received by, the Authority for the purposes of the Authority;

all moneys paid to the Authority by way of grants, subsidies, donations, gifts and contributions;

all moneys received by the Authority by way of charges and fees for services rendered by the Authority to any person;

all moneys, dividends, royalties, interest or income received from any transaction made pursuant to the powers conferred on the Authority under this Act or any other written law;

all moneys borrowed by the Authority under this Act; and

all accumulations of income derived from any such property or money.