Offences by bodies corporate, etc.
Open ↗80.—(1) Where an offence under this Act committed by a body corporate is proved —(a)
to have been committed with the consent or connivance of an officer; or
(b)
to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.
(3) Where an offence under this Act committed by a partnership is proved —(a)
to have been committed with the consent or connivance of a partner; or
(b)
to be attributable to any neglect on the partner’s part,
the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved —(a)
to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
(b)
to be attributable to any neglect on the part of such an officer or member,
the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
(5) In this section —“body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005;
“officer” —(a)
in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or
(b)
in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity;
“partner” includes a person purporting to act as a partner.
(6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.[27A
Certain offences and penalty
Open ↗81.—(1) Any person who does any act in contravention of, or without reasonable excuse fails to comply with the terms of, any order or notice made or issued under section 73 or 74 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(2) Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.[28
Compounding of offences
Open ↗82.—(1) The relevant person may, in his or her discretion, compound any offence under this Act or any of its subsidiary legislation which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following:(a)
one-half of the amount of the maximum fine that is prescribed for the offence;
(b)
$5,000.
(2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence.
(3) The Minister may make rules to prescribe the offences which may be compounded.
(4) All sums collected under this section must be paid to the Consolidated Fund.
(5) In this section, “relevant person”, in relation to an offence that is prescribed as compoundable, means —(a)
for an offence under Part 2A or 2B or under any subsidiary legislation made for the purpose of either Part, any public officer authorised by the Minister for the purpose of this section; and
(b)
for all other offences, the Director-General of Civil Aviation, or any officer of the Authority authorised by the Director‑General of Civil Aviation for the purpose of this section.[28A
Power to make regulations
Open ↗83. The Minister may make regulations generally for carrying into effect the provisions of this Part.[29
Fees and charges
Open ↗84.—(1) Where power is conferred by this Act to make subsidiary legislation prescribing fees or charges, the subsidiary legislation may —(a)
prescribe or fix different rates of fees and charges in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation-related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis;
(b)
specify the persons by whom and to whom any fees or charges are payable;
(c)
prescribe a penalty for late payment of any fee or charge, or any additional fees or charges for work or services carried out outside normal working hours or on public holidays;
(d)
provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases;
(e)
provide for the granting of a rebate of such fees or charges to any person who is liable to pay them —(i)
based on the quantity of services used by the person liable to pay the fees or charges; and
(ii)
be offered on an equal percentage basis to any other person using a similar quantity of such services; and
(f)
require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns.
(2) Where any fee or charge that is payable under this Act or any of its subsidiary legislation for an aviation safety instrument is not paid by the date prescribed or fixed under the Act or subsidiary legislation for payment of that fee or charge, the Authority may suspend the aviation safety instrument to which the unpaid fee or charge relates.[29A
Financial penalties payable to Consolidated Fund
Open ↗85.—(1) Any financial penalty imposed on any person by the Authority under this Act or any subsidiary legislation made under this Act —(a)
must be collected, and may be sued for and recovered by the Authority;
(b)
is deemed to be a debt due to the Government for the purposes of section 397 of the Insolvency, Restructuring and Dissolution Act 2018 and section 10 of the Government Proceedings Act 1956; and
(c)
must be paid to the Consolidated Fund upon such collection or recovery,
and where the person is the holder of an aviation safety instrument, or a licence or permit, that person’s liability to pay is not affected by that person’s aviation safety instrument, licence or permit ceasing, for any reason, to be in force.
[40/2018]
(2) The members, officers and employees of the Authority are, in relation to their administration, assessment, collection and enforcement of payment of —(a)
the composition sums imposed under section 82; or
(b)
the financial penalties due and payable by any person under this Act or any of its subsidiary legislation,
deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to these members, officers and employees of the Authority even though they are not or were not in the employment of the Government.
[29B
False information
Open ↗86.—(1) A person commits an offence who —(a)
by any means, provides to the Authority or any other person information relevant to the Authority’s or the person’s exercise of powers under this Act, or under any of its subsidiary legislation, knowing the information to be false; or
(b)
being an applicant for any aviation safety instrument or other licence or permit, fails, without reasonable excuse, to provide to the Authority or other person information known to that applicant which is relevant to the Authority’s or other person’s exercise of powers under this Act, or under any of its subsidiary legislation.
(2) A person who is guilty of an offence under subsection (1) 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.[29C
Obstructing performance of official duties
Open ↗87.—(1) A person who refuses to give access to, or obstructs, hinders or delays —(a)
the Director-General of Civil Aviation, any safety inspector or any officer or employee of the Authority authorised to act for or assist the Authority;
(b)
the National Civil Aviation Security Authority, any police officer authorised to act for or assist the NCASA or any aviation security inspector; or[Act 36 of 2018 wef 01/01/2024]
(c)
[Deleted by Act 36 of 2018 wef 01/01/2024]
(d)
an authorised person within the meaning of section 90,
in the discharge of his, her or its duties under this Act or any subsidiary legislation made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both.
[16/2015]
[Act 36 of 2018 wef 01/01/2024]
(2) It is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any safety inspector or aviation security inspector who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person.[29D
General exemption
Open ↗88. The Minister may, by order in the Gazette, exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act or of its subsidiary legislation, subject to any terms or conditions that may be specified in the order.[29E
Delegation of Minister’s powers
Open ↗89.—(1) Subject to subsection (3), the Minister may, either generally or particularly, in writing delegate to the Authority or any public officer in his or her Ministry any of the Minister’s functions and powers under this Act or any of its subsidiary legislation.
(2) The Authority or a public officer mentioned in subsection (1) may exercise any functions or powers so delegated to the Authority or public officer (as the case may be) in the same manner and with the same effect as if they had been conferred on the Authority or public officer directly by this section and not by delegation, but subject to any general or special directions given or conditions imposed by the Minister.
(3) Nothing in this section authorises delegating —(a)
the power of delegation conferred by this section;
(b)
any power of the Minister to make subsidiary legislation under this Act; or
(c)
any power of the Minister to determine appeals from the decision of the Authority, the National Civil Aviation Security Authority or any licensing authority specified in the regulations made under section 62.
(4) In this Act or any subsidiary legislation made under this Act, any reference to the Minister determining an appeal includes a reference to any Minister of State for his or her Ministry that is designated by the Minister to hear, in his or her place, that appeal.[29F
Interception, etc., of unmanned aircraft
Open ↗90.—(1) Where an authorised person has reason to believe that an unmanned aircraft is being operated in a manner —(a)
that contravenes any provision of this Act or any aviation safety subsidiary legislation; or
(b)
that poses a serious and an imminent risk to safety of the public,
the authorised person may, subject to subsection (3), exercise all or any of the powers in subsection (2) in relation to the unmanned aircraft for either purpose:
(c)
preventing further contravention of any provision of this Act or any aviation safety subsidiary legislation;
(d)
preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the safety of the public.[16/2015]
(2) For the purposes of subsection (1), the powers that may be exercised by an authorised person in relation to an unmanned aircraft are without warrant —(a)
to direct any person whom the authorised person reasonably believes to be involved in the operation of the unmanned aircraft —(i)
to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or
(ii)
to fly the unmanned aircraft in the manner specified by the authorised person;
(b)
with such assistance and by such force as is necessary —(i)
to assume control of an unmanned aircraft to fly the aircraft or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or
(ii)
to end the flight of the unmanned aircraft in the fastest and safest practicable way; or
(c)
to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft, or other thing, that the authorised person believes on reasonable grounds —(i)
to be evidential material; or
(ii)
needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act or any aviation safety subsidiary legislation.[16/2015]
(3) In authorising any person under subsection (1), the Commissioner of Police, the Chief of Defence Force or the Authority (as the case may be) may do all or any of the following:(a)
limit the powers in subsection (2) that the authorised person may exercise;
(b)
limit when the authorised person may exercise his or her powers in subsection (2) or any of them;
(c)
limit where in Singapore the authorised person may exercise his or her powers in subsection (2) or any of them;
(d)
limit the circumstances in which the authorised person may exercise his or her powers in subsection (2) or any of them;
(e)
limit the offences in respect of which the authorised person may exercise his or her powers in subsection (2) or any of them.[16/2015; 18/2018]
(4) Any person who, without reasonable excuse, contravenes any direction under subsection (2)(a) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both.[16/2015; 34/2019]
(5) A Magistrate may, on an application by the Authority, make an order authorising the Authority to destroy or otherwise dispose of any thing seized under subsection (2)(c) by a safety inspector, if the Magistrate is satisfied that —(a)
apart from this section, a safety inspector or the Authority is required to return the thing to a person; and
(b)
the safety inspector or the Authority cannot, despite making reasonable efforts, locate the person or the person has refused to take possession of that thing.[16/2015]
(6) In this section, “evidential material” means any thing that is relevant to proving a contravention of any provision of this Act or any aviation safety subsidiary legislation (whether or not an offence).[16/2015]
(7) In this section, an authorised person is —(a)
a police officer, or an auxiliary police officer, of or above the rank of sergeant and authorised by the Commissioner of Police to exercise powers under this section;
(b)
a member of the Singapore Armed Forces who is authorised by the Chief of Defence Force to exercise powers under this section;
(c)
a safety inspector authorised by the Authority to exercise powers under this section; or
(d)
an individual with the suitable qualifications and experience to properly exercise one or more of the powers in subsection (2) and authorised by the Authority to do so. [16/2015; 18/2018]
(8) To avoid doubt, nothing in this section derogates from the provisions of the Criminal Procedure Code 2010 or section 201B of the Singapore Armed Forces Act 1972.[29G
[16/2015]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
