Singapore legislation
Regulation 9
of Air Navigation (Regulated Air Cargo Agents and Known Consignors) Regulations 2017
Regulation 9
Cancellation or suspension, etc., of registration
Subregulation 1
If the NCASA is satisfied that —
an RAIP is contravening or has contravened, or is not complying or has failed to comply with —
any condition of its registration; or
any provision of the Act applicable to the RAIP, whether or not the RAIP has been convicted of an offence for the contravention or non‑compliance;
the RAIP is in or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction, or the RAIP is declared bankrupt;
the RAIP has ceased to carry on the business of an air cargo agent in Singapore;
the registration had been obtained by fraud or misrepresentation; or
the public interest or national security of Singapore requires,the NCASA may take any regulatory action described in paragraph (2) without compensating the RAIP concerned.
Subregulation 2
The regulatory actions that the NCASA may take against an RAIP are —
to cancel the RAIP’s registration; or
in lieu of cancelling registration, to suspend (for not more than 6 months) the RAIP’s registration.
Subregulation 3
Despite paragraph (1), before exercising any powers under this regulation, the NCASA must, except in the circumstances described in paragraph (3A), give written notice to the RAIP concerned —
stating that the NCASA intends to take regulatory action against the RAIP under this regulation;
specifying the type of action the NCASA proposes to take, and each instance of non‑compliance that is the subject of the action; and
specifying the time (being not less than 21 days after the date of service of notice on the RAIP) within which the RAIP may make written representations to the NCASA with respect to the proposed regulatory action.
Subregulation 3A
Where the ground for taking regulatory action against an RAIP is paragraph (1)(e), the NCASA may, without giving written notice under paragraph (3), cancel the registration of the RAIP by written notice, with immediate effect regardless of any appeal to the Minister under paragraph (9).
Subregulation 4
The NCASA may —
after considering any written representation made in accordance with paragraph (3); or
after the time delimited under paragraph (3)(c) lapses if no representation is so made,decide to take the appropriate regulatory action against the RAIP as specified in paragraph (2).
Subregulation 5
The NCASA must serve on the RAIP concerned a written notice of the NCASA’s decision under paragraph (4).
Subregulation 6
A decision to take any regulatory action in paragraph (2) that is specified in the notice given under paragraph (5), takes effect —
from that date in that notice, being at least 21 days after the notice is served on the RAIP concerned; or
if an appeal is made under paragraph (9) against the decision in the notice, from the day the appeal is dismissed or earlier withdrawn.
Subregulation 7
The cancellation or suspension of any registration under this regulation does not prejudice the enforcement —
by any person of any right or claim against the RAIP or former RAIP; or
by the RAIP or former RAIP of any right or claim against any person.
Subregulation 8
In any proceedings under this regulation in relation to the conviction of an RAIP for a criminal offence, the NCASA may accept the RAIP’s conviction as final and conclusive.
Subregulation 9
Where the NCASA takes any regulatory action under this regulation against an RAIP, the RAIP or former RAIP, if aggrieved by the decision may appeal to the Minister in writing against that decision, within 21 days after receiving the NCASA’s notice under paragraph (3A) or (5) (as the case may be), or such longer period as the Minister may allow in any particular case.
Subregulation 10
The Minister’s decision on an appeal under paragraph (9) is final.