Interpretation of this Part
Open ↗63.—(1) In this Part, unless the context otherwise requires —“act of unlawful interference” means the doing or attempting to do anything such as to jeopardise the safety of civil aviation and air transport, and includes any of the following:(a)
unlawful taking control of an aircraft by force, or threat of force, or any other form of intimidation or by any trick or false pretence;
(b)
destroying an aircraft that is in service;
(c)
hostage-taking on board an aircraft or at an airport;
(d)
forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk;
(e)
introducing on board an aircraft or at an airport a weapon or hazardous device or material intended for criminal purposes;
(f)
use of an aircraft in service for the purpose of causing death, serious bodily injury or serious damage to property or the environment;
(g)
putting the safety of an aircraft in flight or on the ground, or of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility at risk by communicating false or misleading information;
“aviation industry participant” means —(a)
an airport operator who holds an airport licence under the Civil Aviation Authority of Singapore Act 2009 or who is exempted from holding such a licence under section 43 of that Act;
(b)
an aircraft operator;
(c)
a consignor;
(d)
an air cargo agent;
(e)
the Authority;
(f)
a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); or
(g)
a contractor who provides services to any person mentioned in paragraphs (a) to (f);
“aviation security incident” means a threatened act of unlawful interference or an act of unlawful interference;
“in service”, in relation to an aircraft, includes the period the aircraft is in flight;
“passenger” includes an intending passenger;
“security programme”, in relation to an aviation industry participant, means a programme prepared in accordance with the aviation security regulations, and containing matters prescribed in those regulations to show that the aviation industry participant —(a)
is aware of the participant’s general responsibility to contribute to the maintenance of aviation security;
(b)
has developed an integrated, responsible and proactive approach to managing aviation security;
(c)
is aware of, and has the capacity to meet, the specific obligations imposed on the participant under this Part; and
(d)
has taken into account relevant features of the participant’s operation in developing activities and strategies for managing aviation security.[16/2015; 18/2018]
(2) For the purposes of this Part, a reference to an aviation industry participant does not include a reference to —(a)
the Singapore Police Force;
(b)
the Singapore Civil Defence Force; and
(c)
the Singapore Armed Forces.[17
National Civil Aviation Security Authority
Open ↗64.—(1) The Minister must appoint a public officer or a statutory authority established by any public Act for a public purpose as the National Civil Aviation Security Authority.
(2) The National Civil Aviation Security Authority is, in consultation with the Authority and the National Civil Aviation Security Committee, responsible for the development, implementation and maintenance of the National Civil Aviation Security Programme or NCASP in Singapore to safeguard civil aviation operations against acts of unlawful interference.
(3) Without limiting subsection (2), the functions of the National Civil Aviation Security Authority are —(a)
to define and allocate tasks and coordinate activities between aviation industry participants, persons engaged in civil aviation related activities, the departments, agencies and organisations of Singapore and other entities concerned with or responsible for the implementation of various aspects of the NCASP;
(b)
to require any aviation industry participants that are prescribed by any aviation security regulations to have an aviation security programme to develop, and comply with, aviation security programmes in accordance with the requirements in those regulations and to review and approve these aviation security programmes;
(c)
to ensure the development and implementation of a programme known as the National Civil Aviation Security Training Programme for the training of personnel of all entities involved with or responsible for the implementation of various aspects of the NCASP;
(d)
to develop, implement and maintain a programme known as the National Civil Aviation Security Quality Control Programme to determine compliance with and validate the effectiveness of the NCASP;
(e)
to advise and make recommendations to the Minister on matters relating to civil aviation security, including the implementation of international conventions entered into by or on behalf of Singapore and any revision to any written law arising from that implementation; and
(f)
to carry out any other functions relating to aviation security that may be prescribed under any aviation security regulations.
(4) Notice of every appointment under subsection (1) must be published in the Gazette.
(5) The National Civil Aviation Security Authority may, in writing, and subject to any conditions or restrictions that it thinks fit, delegate all or any of its powers under this Part or any aviation security regulations to any aviation security inspector or public officer, or to any officer or employee of the National Civil Aviation Security Authority who carries on activities that relate to national security, except the power of delegation conferred by this section.[34/2019]
(6) Any power delegated under subsection (5) to an aviation security inspector, a public officer or an officer or employee of the National Civil Aviation Security Authority may be performed or exercised by the inspector, officer or employee to whom the power has been delegated in the name and on behalf of the National Civil Aviation Security Authority.[34/2019]
(7) No delegation under this section prevents the performance or exercise of any function, duty or power by the National Civil Aviation Security Authority.
(8) The National Civil Aviation Security Authority must appoint in writing —(a)
such number of police officers; and
(b)
such other individuals (whether or not public officers) each with suitable qualifications and experience to properly exercise the powers of an aviation security inspector,
to be aviation security inspectors for the purposes of this Part.
(9) The National Civil Aviation Security Authority must issue to each aviation security inspector an identification card, which must be carried at all times by the aviation security inspector when exercising powers under any provision in this Part or any aviation security regulations.[17A
National Civil Aviation Security Committee
Open ↗65.—(1) There must also be a National Civil Aviation Security Committee, comprising such persons as the Minister may appoint, whose function is —(a)
to advise the National Civil Aviation Security Authority on civil aviation security policies, strategic matters and decisions, and the measures necessary to meet threats to civil aviation;
(b)
to continually review such measures and make recommendations for changes in response to information on new threats, developments in aviation security technology and techniques and other relevant factors;
(c)
to coordinate aviation security measures among aviation industry participants, persons engaged in civil aviation related activities, and the departments, agencies and organisations of Singapore and other entities concerned with or responsible for the implementation of various aspects of the NCASP;
(d)
to promote security considerations in the design of new airports or alterations to existing facilities;
(e)
to recommend the promulgation of, and coordinate the implementation of changes in, national aviation security policies, in consultation with the National Civil Aviation Security Authority; and
(f)
to consider recommendations made by aviation industry participants and, where appropriate, recommend changes to the NCASP, airport security programmes or operator security programmes to the National Civil Aviation Security Authority.
(2) If any member of the National Civil Aviation Security Committee dies, resigns or is removed from office by the Minister, the Minister may appoint another person to fill the vacancy, and the person so appointed holds office for the remainder of the term for which the vacating member was appointed.
(3) Subject to the provisions of this Act or any aviation security regulations, the National Civil Aviation Security Committee may determine its own procedure.
(4) The National Civil Aviation Security Committee may appoint, from among its own members or other persons who are not members of the National Civil Aviation Security Committee, any number of subcommittees that it thinks fit consisting of its members or other persons, or both its members and other persons, for purposes which, in the opinion of the National Civil Aviation Security Committee, would be better regulated and managed by means of such subcommittees.[17B
Powers of NCASA, aviation security inspectors, etc.
Open ↗66.—(1) The National Civil Aviation Security Authority, any police officer authorised by the NCASA and any aviation security inspector may exercise the powers specified in subsection (2), for all or any of the following purposes:(a)
determining whether a person is complying with any provision of or requirement under this Part or any aviation security regulations;
(b)
investigating a possible contravention of any provision of or requirement under this Part or any aviation security regulations;
(c)
determining whether a security directive should be issued to any person mentioned in section 67(1).
(2) For the purposes of subsection (1), the National Civil Aviation Security Authority, any police officer authorised by the NCASA and any aviation security inspector may —(a)
enter and inspect —(i)
any part of an airport;
(ii)
any area, building (other than a residence) or vehicle under the control of an aviation industry participant or person mentioned in section 67(1)(b); and
(iii)
if an aviation industry participant or a person mentioned in section 67(1)(b) operates from a residence or a part of a residence, the residence or the part of the residence from which the participant or person (as the case may be) operates;
(b)
inspect equipment in a place or vehicle mentioned in paragraph (a);
(c)
observe the operating procedures of an aviation industry participant or person mentioned in section 67(1)(b);
(d)
discuss those procedures mentioned in paragraph (c) with an employee of the aviation industry participant or person mentioned in section 67(1)(b) or with another aviation industry participant or such person;
(e)
inspect, photograph or copy a document or record made or kept by an aviation industry participant or person mentioned in section 67(1)(b);
(f)
operate equipment at a place mentioned in paragraph (a) for the purposes of gaining access to a document or record made or kept by an aviation industry participant or person mentioned in section 67(1)(b);
(g)
enter and inspect an aircraft at an airport;
(h)
inspect equipment in the aircraft mentioned in paragraph (g);
(i)
observe the operating procedures for the aircraft (whether carried out by the crew or some other person);
(j)
discuss those procedures mentioned in paragraph (i) with a person carrying them out or with another aviation industry participant or person mentioned in section 67(1)(b); and
(k)
inspect, photograph or copy a document or record held in the aircraft that relates to a passenger or an item of cargo.
(3) The National Civil Aviation Security Authority, any police officer authorised by the NCASA and any aviation security inspector may exercise a power specified in subsection (2) —(a)
if the power is exercised within the boundaries of an airport — at any time and without notice;
(b)
at any time and without notice, if the power is exercised outside the boundaries of an airport and is a power specified —(i)
in subsection (2)(a)(ii), (c) or (d);
(ii)
in subsection (2)(e) to the extent that it relates to subsection (2)(a) or (d); or
(iii)
in subsection (2)(f) to the extent that it relates to subsection (2)(a)(iii); and
(c)
otherwise — after giving the aviation industry participant concerned reasonable notice.
(4) An auxiliary police officer who is authorised in writing by the National Civil Aviation Security Authority may assist the NCASA, a police officer authorised by the NCASA or an aviation security inspector exercising in Singapore any power under any provision in this Part or any aviation security regulations.[17C
Security directives
Open ↗67.—(1) The National Civil Aviation Security Authority may, in writing (called in this Act a security directive), require any of the following persons to carry out, within the time delimited by the security directive, any security measures that the NCASA may specify in the security directive:(a)
any aviation industry participant or class of aviation industry participants;
(b)
any person who is not an aviation industry participant, or any class of persons who are not aviation industry participants —(i)
who operate, maintain, or service, or do any other act in respect of any aircraft, aeronautical product, aviation‑related service, air traffic service, or aeronautical procedure (whether or not at an airport); or
(ii)
who have access to the airside, or to a protected area or protected place within an airport, for the purposes of any business carried on or service provided by the person or persons.
(2) The National Civil Aviation Security Authority may, at any time, vary or rescind a security directive given under subsection (1), and that security directive has effect until it is so varied or rescinded, or rescinded and replaced by another security directive.
(3) If —(a)
a security directive is given to a person, or to the class of persons to which the person belongs, under subsection (1);
(b)
the security directive is in force; and
(c)
the person fails to comply or do anything required of the person by the security directive,
that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(4) Subsection (3) does not apply if the person has a reasonable excuse, the burden of proof of which lies with the person.
(5) Despite subsection (1), a security directive need not be in writing in cases of extreme urgency, in order to respond rapidly —(a)
to any specific aviation security incident requiring immediate action or additional security measures; or
(b)
to a change in the nature of an existing general threat of an act of unlawful interference, requiring immediate action or additional security measures,
and in such case, the National Civil Aviation Security Authority may issue a verbal security directive to any person, which must be confirmed in writing as soon as practicable thereafter.
(6) In this section, “security measure” includes —(a)
any measure, equipment and procedures to carry out screening or rescreening and clearing of —(i)
any person boarding an aircraft; or
(ii)
any baggage, cargo or other thing to be carried on an aircraft;
(b)
passenger check-in and boarding procedures, including procedures for dealing with —(i)
diplomats and other special passengers, their diplomatic bags and baggage;
(ii)
passengers with reduced mobility or a medical condition;
(iii)
transit passengers, passengers in custody and suspect behaviour in passengers; and
(iv)
anomalies in passenger reconciliation that may arise during check-in or boarding;
(c)
any security measures and procedures to be used within an airport, including measures —(i)
to control access at the airport and maintain the integrity of access control systems;
(ii)
to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things;
(iii)
to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things;
(iv)
to deter and detect unauthorised access into a landside security zone by people, vehicles or things;
(v)
to assess, identify and respond to unknown substances;
(vi)
to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and
(vii)
to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges;
(d)
any measure to deter unauthorised possession of firearms, weapons and other prohibited items in an airport or aircraft, including procedures —(i)
for dealing with surrendered firearms, other weapons and prohibited items;
(ii)
for handling and movement of firearms and other weapons; and
(iii)
for using firearms and other weapons in the airside area or landside security zones;
(e)
any measure and procedures for responding to and investigating aviation security incidents and threats and breaches of aviation security, including measures by an aircraft operator or the pilot-in-command of an aircraft in Singapore —(i)
to hold the aircraft in a particular position or within a particular area until specified actions are taken or until a specified event occurs;
(ii)
to ensure that the aircraft leaves a particular place or a particular area;
(iii)
to ensure that the aircraft lands at a particular place or within a particular area; or
(iv)
to ensure that the aircraft lands outside of a particular area;
(f)
any measure and procedures —(i)
for reporting aviation security incidents or security breaches, including occurrences that threaten the security of the airport or any aircraft in the airport;
(ii)
for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an aircraft hijacking, a bomb threat or a failure of critical security equipment; or
(iii)
for responding to any security directive verbally given under subsection (5), including procedures to communicate the directive within the airport;
(g)
any measure and procedures to undertake reasonable searches of —(i)
any person boarding an aircraft;
(ii)
any thing to be carried on an aircraft;
(iii)
any aircraft or class of aircraft, or any aerodrome or class of aerodromes or any navigation installation or class of navigation installations specified in a security directive; or
(iv)
any unattended item, substance, or vehicle in an aerodrome or aircraft within an aerodrome;
(h)
any measure to seize any item or substance specified in a security directive if the person given the security directive (or the person’s agent) has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft; and
(i)
any measure by an aircraft operator or the pilot‑in‑command of an aircraft in Singapore and that is not in flight —(i)
to hold the aircraft in a particular position or within a particular area until specified actions are taken or until a specified event occurs;
(ii)
to take particular actions, or ensure that particular actions are taken, on or in relation to an aircraft;
(iii)
to take particular actions, or ensure that particular actions are taken, in relation to a person or thing on, or to be carried by, the aircraft; or
(iv)
to allow any police officer, any aviation security inspector or any other person authorised by the NCASA to inspect the aircraft.[17D
Requirement to have security programme
Open ↗68.—(1) An aviation industry participant shall be guilty of an offence if —(a)
the aviation industry participant is required by any aviation security regulations to have a security programme; and
(b)
there is not such a programme in force for that aviation industry participant.
(2) An aviation industry participant shall be guilty of an offence if —(a)
the aviation industry participant is required by any aviation security regulations to have a security programme, and there is such a programme in force for that aviation industry participant; but
(b)
the aviation industry participant fails to comply with that programme.
(3) Subsections (1) and (2) do not apply to an aviation industry participant who has a reasonable excuse.
(4) An aviation industry participant who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
(5) For the purposes of this Part, if the National Civil Aviation Security Authority approves a security programme in respect of an aviation industry participant, the programme comes into force for that participant at the time specified in the notice of approval.[17E
Aviation security regulations
Open ↗69.—(1) In the interests of safety or security within the civil aviation system, the Minister may make regulations in the Gazette prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Part, including but not limited to all or any of the following matters:(a)
the matters to be contained in each security programme, each security programme for a particular kind of aviation industry participant, or each security programme for a particular class of a particular kind of aviation industry participant;
(b)
the requirements with respect to security programmes, including —(i)
requiring aviation industry participants to prepare or alter such programmes;
(ii)
requiring the approval by the National Civil Aviation Security Authority of programmes and of alterations of them;
(iii)
empowering the National Civil Aviation Security Authority to prepare and alter such programmes; and
(iv)
requiring specified persons in addition to aviation industry participants to comply with such security programmes as in force at a particular time or from time to time;
(c)
the requirements relating to —(i)
the management and control of passengers (including persons in custody) on board an aircraft;
(ii)
the security features on an aircraft;
(iii)
pre-flight checks of aircraft cabins and other parts of an aircraft;
(iv)
procedures to be used and measures to be taken in relation to baggage that is loaded, or is intended to be loaded, onto a prescribed aircraft;
(v)
unattended aircraft; or
(vi)
such other matters for the purposes of safeguarding against acts of unlawful interference;
(d)
the prevention of interference with aerodromes and other aviation-related facilities;
(e)
the control of access to different parts of an aerodrome and other aviation-related facility, including —(i)
conditions of entry, the issue and use of security passes and other identification systems;
(ii)
the provision of lighting, fencing and storage facilities in the different parts of aerodromes and other aviation‑related facilities;
(iii)
requirements for the approval of building works within, or adjacent to, the different parts of aerodromes or other aviation-related facilities;
(iv)
the screening of people, vehicles or goods (other than cargo) for entry to different parts of aerodromes or other aviation‑related facilities;
(v)
requirements relating to the entry of cargo to the different parts of aerodromes or other aviation‑related facilities;
(vi)
the security checking (including background checking) of persons who have access to the different parts of aerodromes or other aviation‑related facilities;
(vii)
the movement, management or operation of aircraft (including unattended aircraft), vehicles and other machinery in the different parts of aerodromes or other aviation‑related facilities; and
(viii)
the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in the different parts of aerodromes or other aviation‑related facilities and the sale or disposal of vehicles or goods abandoned therein;
(f)
the control of things likely to be hazardous to aviation security, including but not limited to any of the following:(i)
the safe carriage of firearms and other dangerous or hazardous goods or substances by air;
(ii)
the construction, use, or operation of anything likely to be hazardous to aviation security;
(g)
the requirements for or in relation to the giving of security directives under section 67;
(h)
the fees to be paid in respect of the issue, validation or renewal of any licence, registration or other document required by the regulations and in respect of any other matters in respect of which it appears to the Minister to be expedient for the purpose of the regulations to charge fees.
(2) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both.
(3) To avoid doubt, an aviation industry participant may at any one time be 2 or more of the following:(a)
an airport operator who holds an airport licence under the Civil Aviation Authority of Singapore Act 2009 or who is exempted from holding such a licence under section 43 of that Act;
(b)
an aircraft operator;
(c)
a consignor;
(d)
an air cargo agent;
(e)
a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement);
(f)
the Authority;
(g)
a contractor who provides services to any person mentioned in paragraphs (a) to (f),
and this Part and the aviation security regulations may prescribe requirements and duties or liabilities on the aviation industry participant accordingly, and may at any one time impose the same duty or liability on 2 or more aviation industry participants, whether in the same capacity or in different capacities.
[18/2018]
(4) All aviation security regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette.
(5) The provisions of any order made by the Minister before 1 April 2014 in relation to aviation security and in force immediately before that date continue in force as if made under this Part, and may from time to time be amended or revoked under this section.[17F
[16/2015]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
