# legal_provisions

document_id: caasa-2009
provision_ref: s14
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 14
title: Preservation of secrecy
content:
14. —(1) Except for the purpose of the performance of the person’s duties or the exercise of the person’s functions or when lawfully required to do so by any court or where required or allowed by the provisions of any written law, a person who is or has been — ( a ) a member, an officer, an employee, an adviser or an agent of the Authority; ( b ) a member of a committee of the Authority or an Appeals Advisory Panel; or ( c ) 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, must not disclose any information relating to the affairs of the Authority or of any other person which has been obtained by the person in the performance of the person’s duties or the exercise of the person’s functions under this Act. [5/2018] (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both. (3) For the purposes of this section, the responsible person for information obtained by the authorised person in the performance of the duties or exercise of the functions of the authorised person under this Act is — ( a ) the employee of the authorised person to whom the information was disclosed or who has access thereto; and ( b ) if the information is stored — (i) on a database — the employee of the authorised person who has day-to-day control of the database; or (ii) otherwise — the employee of the authorised person who has day-to-day responsibility for the system under which the information is stored.


document_id: caasa-2009
provision_ref: s15
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 15
title: Financial year
content:
15. The financial year of the Authority begins on 1 April of each year and ends on 31 March of the succeeding year.


document_id: caasa-2009
provision_ref: s16
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 16
title: Revenue and property of Authority
content:
16. —(1) The funds and property of the Authority include — ( a ) grants made to it under section 17; ( b ) all levies, fees, charges, fines, composition sums and financial penalties payable to the Authority under this Act; ( c ) all moneys paid to, and all other moneys and property lawfully received by, the Authority for the purposes of the Authority; ( d ) all moneys paid to the Authority by way of grants, subsidies, donations, gifts and contributions; ( e ) all moneys received by the Authority by way of charges and fees for services rendered by the Authority to any person; ( f ) 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; ( g ) all moneys borrowed by the Authority under this Act; and ( h ) all accumulations of income derived from any such property or money. (2) The moneys of the Authority are to be applied only in payment of expenditure incurred by it in the discharge of its functions, duties, obligations and liabilities and in making any payment that it is authorised or required to make by or under law. (3) The Authority must open and maintain one or more accounts with such bank or banks as the Authority thinks fit, and every such account must be operated by such person or persons authorised to do so by the Authority. (4) It is the duty of the Authority to exercise and perform its functions under this Act so as to ensure that the total revenues of the Authority are sufficient, taking one financial year with another, to meet its total outgoings, including depreciation and interest on capital and to meet a reasonable proportion of the cost of performing the functions and duties of the Authority.


document_id: caasa-2009
provision_ref: s17
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 17
title: Grants
content:
17. For the purpose of enabling the Authority to perform its functions and discharge its duties under this Act or any other written law, the Minister may make grants to the Authority of such sums of money, as the Minister may determine, out of moneys to be provided by Parliament.


document_id: caasa-2009
provision_ref: s18
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 18
title: Borrowing powers
content:
18. —(1) For the performance of its functions or discharge of its duties under this Act or any other written law, the Authority may raise loans from the Government or, with the approval of the Minister, raise loans within or outside Singapore from such source as the Minister may direct by — ( a ) mortgage, overdraft or other means, with or without security; ( b ) charge, whether legal or equitable, on any property vested in the Authority or on any other revenue receivable by the Authority under this Act or any other written law; or ( c ) the creation and issue of debentures, bonds or any other instrument as the Minister may approve. (2) For the purposes of this section, the power to raise loans includes the power to make any financial agreement whereby credit facilities are granted to the Authority for the purchase of goods, materials or things.


document_id: caasa-2009
provision_ref: s19
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 19
title: Issue of shares, etc.
content:
19. As a consequence of — ( a ) the vesting of any property, rights or liabilities of the Government in the Authority under this Act; or ( b ) any capital injection or other investment by the Government in the Authority in accordance with any written law, the Authority must issue such shares or other securities to the Minister for Finance as that Minister may direct.


document_id: caasa-2009
provision_ref: s20
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 20
title: Power of investment
content:
20. The Authority may invest its moneys in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965. 21. [ Repealed by Act 5 of 2018 ] 22. [ Repealed by Act 5 of 2018 ] 23. [ Repealed by Act 5 of 2018 ]


document_id: caasa-2009
provision_ref: s24
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 24
title: Symbol, design or representation of Authority
content:
24. —(1) The Authority has the exclusive right to the use of such symbol, design or representation as it may select or devise in connection with its activities or affairs. (2) Any person who, without the prior permission of the Authority, uses a symbol, design or representation identical with that of the Authority or which so resembles the symbol, design or representation thereof as to deceive or cause confusion or to be likely to deceive or cause confusion shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: caasa-2009
provision_ref: s25
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 25
title: Restrictions on disposal of lands of Authority
content:
25. The Authority must not, without the consent of the Minister, sell, exchange or otherwise dispose of any land or any interest therein acquired by it, or vested in it under the repealed Act.


document_id: caasa-2009
provision_ref: s25A
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 25A
title: Changi Airport Development Fund
content:
25A. —(1) The Changi Airport Development Fund is established comprising — ( a ) all moneys appropriated from the Consolidated Fund or Development Fund and authorised to be paid into the Changi Airport Development Fund by a Supply law; ( b ) all moneys authorised by or under section 46A or 87A or any other written law to be paid into the Changi Airport Development Fund; ( c ) all contributions by the Authority to the Changi Airport Development Fund, out of the excess of the revenue over expenditure of the Authority in any financial year; ( d ) any gifts or donations made by any person for the purposes of the Changi Airport Development Fund; ( e ) all moneys borrowed or raised by the Authority for the purposes of the Changi Airport Development Fund; and ( f ) all investments out of moneys in the Changi Airport Development Fund authorised to be made by this Act and the proceeds of any such investment, including the net income from such investments. [25/2015; 18/2018] (2) The Changi Airport Development Fund is to be managed and administered by the Authority subject to the directions of the Minister. [25/2015] (3) For the purposes of subsection (1)( f ), the net income from investments is the amount ascertained by adding to, or deducting from, the income received from investments of moneys in the Changi Airport Development Fund, any profit derived or loss sustained (as the case may be) from the realisation of such investments. [25/2015] (4) Upon dissolution of the Changi Airport Development Fund during any term of office of the Government (within the meaning of the Constitution), the balance then remaining in that Fund must be transferred to the Consolidated Fund and added to the reserves of the Government not accumulated by it during that term of office. [25/2015]


document_id: caasa-2009
provision_ref: s25B
chapter: PART 2 - RECONSTITUTION, FUNCTIONS AND
section: 25B
title: Purposes of Changi Airport Development Fund
content:
25B. —(1) The moneys in the Changi Airport Development Fund established under section 25A may be withdrawn by the Authority only for the following purposes: ( a ) for carrying on — (i) any major airport development within the meaning of section 49(4) at an airport site at Changi; or (ii) any construction, improvement, extension, demolition, enlargement and replacement of air navigation facilities and other facilities and buildings required in respect of or in connection with the operation of an airport at that airport site; ( b ) for the provision, acquisition, improvement and replacement of other capital assets (including vehicles, vessels, rolling-stock, machinery, instruments and equipment) required in respect of or in connection with the operation of an airport at the airport site at Changi; ( c ) for the carrying on of any survey, research or investigation preparatory to the undertaking of any purpose referred to in paragraph ( a ) or ( b ); ( d ) to provide grants or loans for any purpose referred to in paragraph ( a ), ( b ) or ( c ); ( e ) to pay all reasonable legal costs and all reasonable expenses incurred by the Authority in connection with the collection or attempted collection of any outstanding amounts (including any interest thereon) of any sums due under any loan made out of moneys in the Changi Airport Development Fund; ( f ) to pay all amounts relating to the sale, disposal or write-off of any investments paid for with moneys from the Changi Airport Development Fund; ( g ) to invest in accordance with the standard investment power of statutory bodies as defined in section 33A of the Interpretation Act 1965; ( h ) to pay any principal or interest on moneys borrowed or raised by the Authority for the purposes of the Changi Airport Development Fund; ( i ) to pay any expenses properly attributable to the setting up of the Changi Airport Development Fund and the administration, management and investment of moneys in that Fund. [25/2015] (2) However, no loan made or investment paid for with moneys from the Changi Airport Development Fund may be written off by the Authority without the prior approval of the Minister. [25/2015]


document_id: caasa-2009
provision_ref: s26
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 26
title: Transfer date
content:
26. The Minister must, by notification in the Gazette , specify a date to be the date on which the airport undertaking of the Authority and employees of the Authority in that undertaking are transferred to the successor company under this Part (called in this Act the transfer date, which is 1 July 2009).


document_id: caasa-2009
provision_ref: s27
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 27
title: Transfer of airport undertaking to successor company
content:
27. —(1) The Minister must, before the transfer date — ( a ) nominate a company wholly owned or substantially owned by the Government to be the successor company for the purposes of this Act, being a company specified by the Minister and agreed to by the Minister for Finance; and ( b ) determine the parts of the excluded property vested in the Authority immediately before the transfer date which are to vest under subsection (4) on lease. (2) On the transfer date, the property, rights and liabilities comprised in the airport undertaking of the Authority become, by virtue of this section and without further assurance, the property, rights and liabilities of the successor company nominated for the purposes of this section by the Minister. (3) Every agreement relating to any of the transferred properties to which the Authority was a party immediately before the transfer date, whether or not of such nature that the rights and liabilities thereunder could be assigned, has effect as from that date as if — ( a ) the successor company had been a party to such an agreement; and ( b ) for any reference to the Authority there were substituted in respect of anything to be done on or after the transfer date a reference to the successor company. (4) On the transfer date, such part of the excluded property as determined by the Minister under subsection (1)( b ) vests in the successor company on a lease, which — ( a ) is for such tenure and subject to such terms and conditions as the Authority may determine; and ( b ) is a concurrent lease in respect of excluded property which is the subject of any existing lease; and “existing lease” means a lease of any part of the excluded property which is in force immediately before the transfer date. (5) All assets, powers, rights, interests, privileges, debts, liabilities and obligations connected with the part of the excluded property transferred to the successor company under subsection (4)( a ) are deemed, on the transfer date, by virtue of this section and without further assurance, to have become the assets, powers, rights, interests, privileges, debts, liabilities and obligations of the successor company. (6) If any question arises as to whether any particular property, asset, interest, right, privilege, liability or obligation has been transferred to or vested in the successor company under subsection (2) or (4), a certificate under the hand of the Minister for Finance is conclusive evidence that the property, asset, interest, right, privilege, liability or obligation was or was not so transferred or vested. (7) To avoid doubt, it is declared that — ( a ) any reference in this Act to property comprised in the Authority’s airport undertaking is a reference to that property (other than the excluded property) of the Authority whether situated in Singapore or elsewhere; and ( b ) any such reference to rights and liabilities comprised in the Authority’s airport undertaking is a reference to the rights to which the Authority is entitled or (as the case may be) the liabilities to which the Authority is subject, whether under the laws of Singapore or any country outside Singapore and includes rights and liabilities arising under loans raised in relation to the Authority’s airport undertaking. (8) It is the duty of the Authority and of the successor company to take all such steps as may be requisite to secure that the vesting in the successor company by virtue of this section of any foreign property, right or liability is effective under the relevant foreign law, and until such time it is the duty of the Authority to hold that property or right for the benefit of, or to discharge that liability on behalf of, the successor company. (9) Nothing in subsection (7) is to be taken as prejudicing the effect under the laws of Singapore of the vesting in the successor company by virtue of this section of any foreign property, right or liability. (10) Any expenses incurred by the Authority under subsection (8) must be paid by the successor company. (11) In subsections (7) and (8), references to any foreign property, right or liability are references, respectively, to any property, right or liability comprised in the Authority’s airport undertaking as respects which any issue arising in any proceedings would have been determined (in accordance with the rules of conflict of laws) by reference to the law of a country or territory outside Singapore.


document_id: caasa-2009
provision_ref: s28
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 28
title: Transfer of employees to successor company
content:
28. —(1) As from the transfer date, such person or category of persons as the Minister may determine who, immediately before that date, is employed by the Authority is transferred to the service and be an employee of the successor company on terms no less favourable than those enjoyed by the person immediately prior to the person’s transfer. (2) The service of a person transferred under subsection (1) as an employee of the successor company is to be taken for all purposes to have been continuous with the service of the person, immediately before the transfer date, as an employee of the Authority. (3) Despite any provision of law, no person transferred to the service of the successor company under subsection (1) is entitled to receive any payment or other benefit merely because the person stopped being an employee of the Authority as a result of this section or of any other provision of this Act, or on account of the abolition of the person’s office in the Authority. (4) If any question arises as to whether any person or any category of persons has been transferred to the service of the successor company under subsection (1), a certificate under the hand of the Minister is conclusive evidence that the person or category of persons was or was not so transferred. (5) Until such time as terms and conditions of service are drawn up by the successor company, the terms and conditions of service in the Authority continue to apply to every person transferred to the service of the successor company under subsection (1) as if the person were still in the service of the Authority.


document_id: caasa-2009
provision_ref: s29
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 29
title: Service rights, etc., of transferred employees to be preserved
content:
29. —(1) The terms and conditions of employment to be drawn up by the successor company must take into account the salaries and terms and conditions of service, including any accrued rights to leave, enjoyed by the persons transferred to the service of the successor company under section 28 while in the employment of the Authority, and any such term or condition relating to the length of service with the successor company must provide for the recognition of service under the Authority by the persons so transferred to be service by them under the successor company. (2) If — ( a ) a woman who was an employee of the Authority immediately before the transfer date becomes an employee of the successor company under section 28; and ( b ) the day of her confinement is less than 90 days after the transfer date, then, on and after the transfer date, the woman is entitled to, or to continue to, be absent from work in relation to that confinement under section 9 of the Child Development Co‑Savings Act 2001 or section 76 of the Employment Act 1968 as may be applicable to her as if the Authority continued to be her employer. (3) If — ( a ) immediately before the transfer date, a woman was an employee of the Authority and was absent from work under section 9 of the Child Development Co-Savings Act 2001 or section 76 of the Employment Act 1968 or both; ( b ) the woman becomes an employee of the successor company under section 28; and ( c ) the woman would have been entitled to remain absent from work, after the transfer date, if the woman had continued to be an employee of the Authority, then, on and after the transfer date, the woman continues to be so entitled to be absent from work under either or both of those Acts as if the Authority continued to be her employer. (4) To avoid doubt, section 18A of the Employment Act 1968 does not apply to the transfer under this Part of any employee of the Authority to the successor company. (5) Except as otherwise provided in this section, nothing in section 28(1) prevents the terms and conditions of a transferred employee’s employment on or after the transfer date from being varied in accordance with those terms and conditions, or by or under any written law, or an award, a determination or an agreement. (6) In this section, “vary”, in relation to terms and conditions of service, includes omitting any of those terms and conditions, adding to those terms and conditions, or substituting new terms and conditions for any of those terms and conditions.


document_id: caasa-2009
provision_ref: s30
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 30
title: Existing contracts
content:
30. All deeds, schemes, bonds, agreements, instruments and arrangements subsisting immediately before the transfer date to which the Authority is a party and relating to any person transferred to the service of the Authority under section 28 continue in force on and after that date and are enforceable by or against the successor company as if the successor company had been named therein or had been a party thereto instead of the Authority.


document_id: caasa-2009
provision_ref: s31
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 31
title: Pending proceedings
content:
31. Any proceedings or cause of action relating to the portion of the property, assets, interests, rights, privileges, liabilities and obligations transferred to the successor company under section 27 or to any employee transferred to the service of the successor company under section 28 pending or existing immediately before the transfer date by or against the Authority, or any person acting on its behalf, may be continued and are to be enforced by or against the successor company.


document_id: caasa-2009
provision_ref: s32
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 32
title: Continuation and completion of disciplinary proceedings
content:
32. —(1) Where, on the transfer date, any disciplinary proceedings were pending against any employee of the Authority transferred to the service of the successor company, the proceedings must be carried on and completed by the successor company. (2) Where, on the transfer date, any matter was in the course of being heard or investigated or had been heard or investigated by a committee acting under due authority but no order, ruling or direction had been made thereon, the committee must complete the hearing or investigation and may make such order, ruling or direction as it could have made under the authority vested in it before that date. (3) Any order, ruling or direction made by a committee under this section is to be treated as an order, a ruling or a direction of the successor company and have the same force or effect as if it had been made by the successor company under this Act.


document_id: caasa-2009
provision_ref: s33
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 33
title: Misconduct or neglect of duty by employee before transfer
content:
33. The successor company may reprimand, reduce in rank, retire, dismiss or punish in some other manner a person who had, while the person was in the employment of the Authority, been guilty of any misconduct or neglect of duty which would have rendered the person liable to be reprimanded, reduced in rank, retired, dismissed or punished in some other manner if the person had continued to be in the employment of the Authority, and if this Act had not been enacted.


document_id: caasa-2009
provision_ref: s34
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 34
title: No breach or default because of corporatisation of airport undertaking
content:
34. —(1) The operation of this Part is not to be regarded — ( a ) as a breach of contract or confidence or otherwise as a civil wrong; ( b ) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets or liabilities; or ( c ) as giving rise to any remedy by a party to a legal instrument, or as causing or permitting the termination of any legal instrument, because of a change in the beneficial or legal ownership of any asset or liability. (2) The operation of section 27 is not to be regarded as an event of default under any contract or other legal instrument. (3) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Authority is a party or may be bound prohibiting or having the effect of prohibiting the transfer of any property, assets, interests, rights, privileges, liabilities or obligations comprised in the airport undertaking transferred under this Part is deemed by this Act to have been waived. (4) Any provision in any existing contract, agreement, conveyance, deed, lease, guarantee, bond, indemnity and other instrument or undertaking to which the Authority is a party or may be bound conferring on the other party or parties thereto any right of first refusal or pre-emption rights in respect of any property, asset, interest, right, privilege, liability or obligation comprised in the airport undertaking to be transferred by reason of or arising from, or to the effect that a default is to occur or be deemed to occur as a result of, the transfer or intended transfer of the property, asset, interest, right, privilege, liability or obligation under this Part is deemed by this Act to have been waived. (5) No attornment to the successor company by a lessee from the Authority is required.


document_id: caasa-2009
provision_ref: s35
chapter: PART 3 - TRANSFER OF PROPERTIES, RIGHTS,
section: 35
title: Sale of successor company
content:
35. —(1) As soon as practicable after the transfer date, the successor company may be sold in accordance with this section. (2) The Minister for Finance is authorised — ( a ) to negotiate, enter into and carry out on behalf of the Government any agreement for the sale of the successor company to a person (called in this section the approved person); ( b ) to transfer the shares held by the Minister for Finance in the successor company to an approved person in accordance with the terms of such agreement; and ( c ) to enter into and carry out agreements for the transfer of the shares held by the Minister for Finance in the successor company to an approved person. (3) Any such negotiations conducted before 1 July 2009 are validated to the extent of any invalidity. (4) Any amounts received for the sale of the successor company must be paid into the Consolidated Fund, except that there may be deducted from those amounts, before payment into the Consolidated Fund, such amount as the Minister for Finance approves to meet the expenses reasonably incurred in connection with the sale of the successor company. (5) Part 5 does not apply to the sale of the successor company under this section.


document_id: caasa-2009
provision_ref: s36
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 36
title: Licence authorising operation of airport
content:
36. —(1) A person must not operate an airport unless the person is authorised to do so by — ( a ) an airport licence; or ( b ) an exemption granted by the Authority under section 43. (2) Every airport licence granted under this section must be in such form and for such period as the Authority may determine. (3) The Authority may, in accordance with the terms of a general authority given by the Minister, grant or extend an airport licence. (4) In determining whether to grant or extend an airport licence to or for a particular person, the Authority must consider the following: ( a ) the ability of that person to finance the operation of the airport concerned; ( b ) the experience of that person in operating the airport concerned, and that person’s ability to perform the duties which would be imposed on that person under this Act and the airport licence; ( c ) the functions and duties of the Authority under section 7. (5) Every airport licence granted or extended under this Part continues in force for such period as may be specified in the airport licence, unless it is earlier revoked or suspended. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: caasa-2009
provision_ref: s37
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 37
title: Conditions of airport licence
content:
37. —(1) An airport licence may include such conditions (whether or not relating to the activities authorised by the airport licence) as appear to the Authority to be requisite or expedient having regard to the purposes of this Act. (2) Without limiting subsection (1), an airport licence may include conditions requiring the airport licensee — ( a ) to enter into agreements or arrangements with any other person, class of persons or another airport licensee for — (i) the interconnection with, access to and use of any facility needed for carrying on any activity authorised by the airport licence (wherever situated and whether or not used for the purpose of carrying on those activities); and (ii) such other purpose as may be specified in the airport licence, and on such conditions as may be agreed to by the airport licensee and such other persons or, in default of agreement, as may be determined by the Authority; ( b ) to prepare itself to deal with any public emergency; ( c ) to pay to the Authority a fee on the grant of the airport licence or periodic fees during the currency of the airport licence or both, of such amount as may be determined by or under the airport licence; ( d ) to comply with any direction, determination, order or decision of the Authority as to such matters as are specified in the airport licence or are of a description so specified; and ( e ) to do or not to do such things as are specified in the airport licence or are of a description so specified. (3) Conditions in an airport licence may include — ( a ) requiring the airport licensee to provide specified persons or the Authority, in such manner and at such times as may be specified, with such information as appears to the Authority to be requisite or expedient for the purpose of facilitating the exercise by those persons or the Authority of the functions or duties assigned to them or as may be reasonably required for that purpose; ( b ) requiring the airport licensee to provide to the Authority financial information including regulatory accounts in respect of such period and on such basis as may be specified; ( c ) requiring the airport licensee to comply with such requirements as to capital expenditure in relation to the airport or airport services and facilities as specified or described in the airport licence; ( d ) providing for the determination by the Authority of any questions arising under the airport licence, or under any document specified or described in the airport licence; ( e ) imposing requirements by reference to designation, acceptance or approval by the Authority; ( f ) providing for references in the conditions of the airport licence to any document specified or described in the airport licence to operate as references to that document as revised or re-issued from time to time; ( g ) requiring the airport licensee to provide a performance bond, guarantee or any other form of security on such terms and conditions as the Authority may determine; and ( h ) providing that the conditions of the airport licence have effect or cease to have effect at such times and in such circumstances as may be determined by or under the conditions. (4) A payment required by subsection (2) to be rendered to the Authority may be recovered by it in any court of competent jurisdiction as if it were a simple contract debt.


document_id: caasa-2009
provision_ref: s38
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 38
title: Modification of conditions of airport licence
content:
38. —(1) Subject to this section, the Authority may modify the conditions of an airport licence. (2) Before making modifications to the conditions of an airport licence under this section, the Authority must give notice to the airport licensee — ( a ) stating that it proposes to make the modifications in the manner specified in the notice and the compensation payable for any loss or damage suffered or expense reasonably incurred as a direct result of the modification; and ( b ) specifying the time (being not less than 28 days from the date the notice is served on the licensee) within which written representations with respect to the proposed modifications may be made. (3) Upon receipt of any written representation mentioned in subsection (2), the Authority must consider the representation and may — ( a ) reject the representation; or ( b ) amend the proposed modifications or compensation payable in accordance with the representation, or otherwise, and, in either event, the Authority must thereupon issue a written direction to such airport licensee requiring that effect be given to the proposed modifications specified in the notice or to such modifications as subsequently amended by the Authority within a reasonable time. (4) Unless otherwise provided by this Act or the Minister, where the airport licensee concerned has appealed under section 55 to the Minister against any decision by the Authority under this section, the decision, direction or other thing appealed against must be complied with until the determination of the appeal. (5) If no written representation is received by the Authority within the time specified in subsection (2) or if any written representation made under that subsection is subsequently withdrawn, the Authority may immediately carry out the modifications specified in the notice given under that subsection.


document_id: caasa-2009
provision_ref: s39
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 39
title: Revocation or suspension, etc., of airport licence
content:
39. —(1) If the Authority is satisfied that — ( a ) an airport licensee is contravening, or is likely to contravene or has contravened — (i) any of the conditions of its airport licence; (ii) any provision of this Act applicable to the airport licensee, for which no criminal penalty is prescribed for a contravention thereof; or (iii) any code of practice or standard of performance applicable to the airport licensee; ( b ) an airport licensee has been convicted of an offence under section 14(2), 24(2), 49(3), 53(3), 54(3), 57(6) or 60(7); ( c ) an airport licensee has not complied with any direction or requirement issued by the Authority under section 38(3), 40, 45(4), 59(2) or 70(1) or any direction under this section; ( d ) any circumstance specified in an airport licensee’s airport licence giving rise to the Authority’s power to revoke or suspend the licence exists; ( e ) an airport licensee has gone or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; ( f ) an airport licensee has made any assignment to, or composition with, its creditors; or ( g ) the public interest or security of Singapore requires, the Authority may do all or any of the following: ( h ) revoke its airport licence or suspend its airport licence for such period as the Authority thinks fit, except in a case of a contravention or likely contravention of any code of practice or standard of performance applicable to the airport licensee; ( i ) require the payment of a financial penalty not exceeding — (i) $1 million; or (ii) the prescribed amount, whichever is applicable; ( j ) impose such other direction as the Authority considers appropriate restricting the airport licensee’s business of operating the airport; ( k ) where the ground for exercising any power under this subsection relates to non-compliance with section 46A(1), (2) or (3), require the payment of the contribution required to be paid into the reserve fund or the Changi Airport Development Fund (as the case may be) under that section, or the refund into the reserve fund of such sum of money withdrawn by the airport licensee without the approval of the Authority, as the case may be. [18/2018] (2) The Authority must not exercise its powers under subsection (1) unless an opportunity of being heard by a representative in writing or by counsel had been given to the airport licensee against which the Authority intends to exercise its powers, being a period of at least 14 days but not more than 28 days. (3) Where the Authority has made any decision under subsection (1) against any airport licensee, it must serve on the airport licensee concerned a notice of its decision. (4) Subject to subsection (6), any decision by the Authority under subsection (1) against any airport licensee does not take effect until the expiry of 14 days after the Authority has served the notice of the decision on the airport licensee concerned. (5) Where the airport licensee concerned has appealed under section 55 to the Minister against any decision by the Authority under this section, the decision does not take effect unless the decision is confirmed by the Minister or the appeal is for any reason dismissed by the Minister or withdrawn. (6) The revocation or suspension of any airport licence under this section does not prejudice the enforcement by any person of any right or claim against the airport licensee or former airport licensee, or by the airport licensee or former airport licensee of any right or claim against any person. (7) In this section — “aeronautical revenue” means such payments received or to be received by an airport licensee for an airport from such of its services which are essential to the operation of the airport as may be prescribed; “the prescribed amount” means — ( a ) where the ground for exercising any power under subsection (1) relates to any capital expenditure in relation to an airport or the airport services and facilities of an airport — 1% (or such other percentage as the Minister may, by order in the Gazette , prescribe) of the gross aeronautical revenue from an airport licensee’s business of operating an airport received, or to be received, for each year during which the contravention or non‑compliance occurred; or ( b ) where the ground for exercising any power under subsection (1) relates to aeronautical charges (within the meaning of sections 51 and 52) being in excess of the maximum prices set or approved under section 52(1) — 120% (or such other percentage as the Minister may, by order in the Gazette , prescribe) of the total aeronautical charges in excess for each year during which those charges are in excess. (8) Every order made under subsection (7) must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: caasa-2009
provision_ref: s40
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 40
title: Security deposit against contraventions by airport licensee
content:
40. —(1) If the Authority is satisfied that an airport licensee is contravening, or is likely to contravene or has contravened — ( a ) any condition of its airport licence; ( b ) any provision of any code of practice or standard of performance applicable to the airport licensee; ( c ) any of the provisions of this Act applicable to the airport licensee, for which no criminal penalty is prescribed for a contravention thereof; or ( d ) any direction issued to, or applicable to, the airport licensee under section 38(3), 45(4), 59(2) or 70(1) or any direction under this section, the Authority may, by written notice, direct the airport licensee to do, or not to do, such things as are specified in such direction. (2) In addition to any powers conferred under section 39, if the Authority is satisfied that an airport licensee is contravening, is likely to contravene or has contravened — ( a ) any condition of its airport licence; ( b ) any provision of any code of practice or standard of performance applicable to the airport licensee; ( c ) any provision of this Act for which no criminal penalty is prescribed for a contravention thereof; or ( d ) any direction (including a direction under this section) issued by the Minister or the Authority to, or applicable to, the airport licensee, the Authority may, by written direction to the airport licensee, require the airport licensee to provide or further provide a performance bond, guarantee or other form of security on such terms and conditions as the Authority may determine, of an amount that the Authority considers appropriate. (3) An airport licensee to whom a direction is issued under this section must comply with the direction.


document_id: caasa-2009
provision_ref: s41
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 41
title: Restriction on transfer of airport licence
content:
41. —(1) No airport licence may be transferred to any person without the prior consent in writing of the Authority. (2) Any purported transfer of an airport licence in contravention of this section is void and of no effect.


document_id: caasa-2009
provision_ref: s42
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 42
title: Airport licensee not to carry on non-airport business
content:
42. —(1) Except with the prior approval of the Authority, an airport licensee for an airport must not carry on substantial trading or financial activities other than — ( a ) activities relating to the operation of the airport; ( b ) activities incidental to the operation of the airport; and ( c ) activities that are consistent with the lease for the airport site and the master plan for that airport. (2) Subsection (1) does not apply to a person who acquires the lease for an airport site by way of the enforcement of a loan security. (3) A contravention of this section does not affect the validity of any transaction.


document_id: caasa-2009
provision_ref: s43
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 43
title: Exemption from requiring airport licence
content:
43. —(1) The Authority may, with the approval of the Minister, by order in the Gazette , exempt any person (called in this Act an exempt airport operator) from complying with section 36(1) for any specified period generally or to such an extent as may be specified in the order, and unconditionally or subject to such conditions as may be specified therein. (2) Without limiting subsection (1), the conditions of an exemption may require any exempt airport operator operating an airport pursuant to the exemption — ( a ) to comply with any direction given by the Authority as to any matters that are specified in the exemption order under subsection (1) or are of a description so specified; ( b ) to do or not to do any things that are specified in the exemption order under subsection (1) or are of a description so specified, except insofar as the Authority consents to the exempt airport operator doing or not doing them; and ( c ) to refer for determination by the Authority any questions arising under the exemption that are specified in the exemption order under subsection (1) or are of a description so specified. (3) An exemption order under subsection (1) continues in force, unless it is revoked, for such period as may be specified in the order. (4) Any exempt airport operator who fails to comply with any direction mentioned in subsection (2)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both. (5) Without affecting subsection (4), if any condition of an exemption granted to an exempt airport operator is not complied with by the exempt airport operator, the Authority may give to that exempt airport operator a notice declaring that the exemption is revoked, insofar as it relates to that person, to such extent and from such date as may be specified in the notice. Division 2 &#x2014; Codes of practice and
standards of performance


document_id: caasa-2009
provision_ref: s44
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 44
title: Codes of practice or standards of performance
content:
44. —(1) The Authority may, from time to time — ( a ) issue one or more codes of practice or standards of performance applicable to airport licensees; ( b ) approve as a code of practice or standard of performance applicable to airport licensees any document prepared by a person other than the Authority if the Authority considers the document as suitable for this purpose; or ( c ) amend or revoke any code of practice or standard of performance issued under paragraph ( a ) or approved under paragraph ( b ), with respect to all or any of the following: ( d ) the operation of an airport; ( e ) the provision of airport services and facilities; ( f ) the quality of such aspects of airport services and facilities as are prescribed in the regulations; ( g ) competition, abuse of a dominant position in the operation of airports and fair market conduct in the provision of airport services and facilities; ( h ) the acquisitions or consolidations involving an airport licensee and any other person (whether an airport licensee or otherwise). (2) A code of practice may, in particular, specify the duties and obligations of any airport licensee in relation to the airport licensee’s business operation insofar as it relates to the provision of airport services and facilities in Singapore. (3) If any provision in any code of practice or standard of performance is inconsistent with any provision of this Act, such provision, to the extent of the inconsistency — ( a ) has effect subject to the provisions of this Act; and ( b ) having regard to the provisions of this Act, does not have effect. (4) Where a code of practice or standard of performance is issued, approved, amended or revoked by the Authority under subsection (1), the Authority must — ( a ) publish a notice of the issue, approval, amendment or revocation (as the case may be) of the code of practice or standard of performance in such manner as will secure adequate publicity for such issue, approval, amendment or revocation; ( b ) specify in the notice mentioned in paragraph ( a ) the date of the issue, approval, amendment or revocation, as the case may be; and ( c ) ensure that, so long as the code of practice or standard of performance remains in force, copies of that code or standard, and of all amendments to that code or standard, are available for inspection by airport licensees free of charge and for their purchase at a reasonable price. (5) No code of practice or standard of performance, no amendment to an approved code of practice or standard of performance, and no revocation of any such approved code of practice or standard of performance, has any force or effect as an approved code of practice or standard of performance until the notice relating thereto is published in accordance with subsection (4). (6) Any code of practice or standard of performance issued or approved under this section does not have legislative effect. (7) Subject to subsection (8), every airport licensee must comply with the relevant codes of practice and standards of performance issued or approved under this section. (8) The Authority may, either generally or for such time as the Authority may specify, waive the application of any code of practice or standard of performance, or part thereof, issued or approved under this section to any airport licensee. (9) The Authority must give a copy of each approved code of practice or standard of performance and amendment to or revocation of an approved code of practice or standard of performance to the Minister; but failure to comply with this subsection in respect of any approved code of practice or standard of performance, or any amendment or revocation thereof, does not invalidate the approved code of practice or standard of performance, or the amendment or revocation thereof, as the case may be. (10) In this section, “dominant position” means a dominant position in any market for airport services and facilities, whether in Singapore or elsewhere.


document_id: caasa-2009
provision_ref: s45
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 45
title: Directions affecting airport licensee
content:
45. —(1) The Authority may give directions to be observed by airport licensees — ( a ) to ensure the reliable provision of any airport services and facilities to the public; ( b ) to ensure fair and efficient market conduct by airport licensees; ( c ) to ensure the technical compatibility and safety of operation of any equipment or system used in the provision of airport services and facilities; ( d ) to ensure the coordination and cooperation, on such terms as the Authority may specify, with any other person in the use or sharing of any facility, installation, plant or system, or part thereof, owned or used by the airport licensee for the provision of any airport services and facilities; ( e ) in the public interest and security; or ( f ) as may be necessary to allow the Authority to carry out any of its functions or duties under section 7. (2) A direction under subsection (1) — ( a ) has to require the airport licensee concerned (according to the circumstances of the case) to do, or not to do, such things as are specified in the direction or are of a description specified therein; ( b ) has to take effect at such time, being the earliest practicable time, as is determined by or under that direction; and ( c ) may be revoked at any time by the Authority. (3) Before giving a direction to any airport licensee under subsection (1), the Authority must, unless the Authority in respect of any particular direction considers that it is not practicable or desirable, give notice — ( a ) stating that the Authority proposes to make the direction and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed direction may be made, and must consider any representations or objections which are duly made. (4) Every airport licensee must comply with every direction of the Authority given to the airport licensee under this section. 46. [ Repealed by Act 20 of 2024 wef 01/04/2025 ] Division 2A &#x2014; Reserve fund


document_id: caasa-2009
provision_ref: s46A
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 46A
title: Reserve fund
content:
46A. —(1) The airport licensee for an airport at Changi designated by the Minister for the purpose of this section must establish and maintain a reserve fund for the purpose of mitigating the effects of any condition or event of a significant nature which adversely affects the civil aviation system. [18/2018] (2) An airport licensee designated under subsection (1) must pay annually, within the time specified by the Authority, to — ( a ) the reserve fund — an annual contribution of an amount fixed by the Authority, out of the profit after tax that the licensee makes in a financial year; and ( b ) the Changi Airport Development Fund — a separate annual contribution of an amount fixed by the Authority, out of the profit after tax that the licensee makes in a financial year. [18/2018] (3) An airport licensee designated under subsection (1) must not withdraw any sum from the reserve fund it establishes and maintains under that subsection except with the approval of the Authority and for any purpose in that subsection. [18/2018] (4) For the purposes of subsection (2), the profit after tax that an airport licensee makes in any financial year must be determined in accordance with the Accounting Standards made or formulated under Part 3 of the Accounting Standards Act 2007 and applicable to companies in respect of their operations in Singapore, and as applied by the airport licensee for that financial year. [18/2018]


document_id: caasa-2009
provision_ref: s46B
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 46B
title: Appeal to Minister
content:
46B. —(1) An airport licensee designated under section 46A(1) who is aggrieved by the Authority’s decision under section 46A(2)( a ) or ( b ) or (3) may appeal to the Minister against the decision. [18/2018] (2) Every appeal under this section must be made within the time and in the manner prescribed. [18/2018] (3) The decision of the Authority being appealed against does not take effect until the appeal is determined. [18/2018] (4) The Minister may determine an appeal against the Authority’s decision under section 46A(2)( a ) or ( b ) or (3) — ( a ) by confirming the decision in whole or varying it in part; or ( b ) by reversing the decision in question. [18/2018] (5) The Minister’s decision on an appeal under this section is final. [18/2018]


document_id: caasa-2009
provision_ref: s46C
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 46C
title: Section 46A duty not discharged by financial penalty
content:
46C. Unless otherwise directed by the Minister, the payment by the airport licensee designated for the purpose of section 46A of a financial penalty imposed under section 39 in respect of the airport licensee failing to comply with section 46A(1), (2) or (3) does not absolve the airport licensee from the requirement to comply with section 46A(1), (2) or (3), as the case may be. [18/2018] Division 3 &#x2014; Airport development


document_id: caasa-2009
provision_ref: s47
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 47
title: Master plan for each airport
content:
47. —(1) For each airport there must be a master plan approved by the Authority under section 48 — ( a ) to establish the strategic direction for efficient and economic development at the airport over the planning period of the plan; ( b ) to provide for the development of additional uses of the airport site; and ( c ) to reduce potential conflicts between the use of the airport site and to ensure that uses of the airport site are compatible with the areas surrounding the airport. (2) The master plan for an airport operated or to be operated by an airport licensee must specify — ( a ) the airport licensee’s development objectives for the airport; ( b ) the airport licensee’s planning principles and assumptions; ( c ) the airport licensee’s assessment of the future needs of civil aviation users of the airport, and other users of the airport, for airport services and facilities relating to that airport; ( d ) the airport licensee’s intentions for land use and related development of the airport site, including in particular any major airport development at the airport site and for any adjacent area that may become part of the airport site; ( e ) the airport licensee’s provision of airport services and facilities relating to the airport to the users of any area adjacent to the airport site; ( f ) the airport licensee’s airport development plan; and ( g ) such other matters (if any) as are prescribed in the regulations. (3) Each master plan approved under section 48 for an airport remains in force until a draft master plan that is to replace the master plan comes into force for that airport. (4) At least once every 5 years after the approval under section 48 of the master plan for an airport, the airport licensee of the airport must review the master plan for the airport and submit to the Authority a report of its review together with proposals for additions and alterations to the master plan which the airport licensee may consider expedient, including a draft master plan that is to replace the master plan in force for that airport.


document_id: caasa-2009
provision_ref: s48
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 48
title: Approval of master plan for airport
content:
48. —(1) On receipt of any submission by an airport licensee of an airport of any draft master plan for the airport (including a draft master plan that is to replace the master plan for that airport) or any additions and alterations to the master plan in force for the airport, the Authority may — ( a ) approve the draft master plan or the additions and alterations to the master plan in force; or ( b ) refuse to approve the draft master plan or the additions and alterations to the master plan in force, as the case may be. (2) In deciding whether to approve the draft master plan for an airport, the Authority must have regard to the following matters: ( a ) the extent to which the plan achieves the purposes of a master plan as described in section 47(2); ( b ) the extent to which carrying out the plan would meet present and future requirements of civil aviation users of the airport, and other users of the airport, for airport services and facilities relating to the airport concerned; ( c ) the effect that carrying out the plan would likely to have on the use of land within the airport site and in areas surrounding the airport; ( d ) the consultations undertaken in preparing the plan (including the outcome of the consultations); and ( e ) the safety aspects and operational aspects of the airport, but nothing in this subsection limits the matters to which the Authority may have regard. (3) If the Authority approves a draft master plan for an airport, the plan becomes a master plan for that airport and comes into force at the time of the approval. (4) The Minister may make rules prescribing the content, form and procedure to be followed in connection with the preparation, giving and approval of additions and alterations to the master plan in force for an airport or a draft master plan that is, or is to replace the master plan, for that airport, including — ( a ) requiring the airport licensee to publish in prescribed circumstances a notice of the submission of any draft master plan (including a draft master plan that is to replace the master plan for that airport) or proposal of additions and alterations to the master plan in force for an airport, and of the place or places where copies of the draft master plan or the proposal may be inspected; ( b ) objections and representations made in accordance with the rules to be considered, and public or other hearings in such cases as may be prescribed to be held before an airport licensee for an airport submits any draft master plan for the airport (including a draft master plan that is to replace the master plan for that airport) or any additions and alterations to the master plan in force for the airport to the Authority or before the Authority makes a decision under subsection (1); and ( c ) providing that a contravention thereof shall be punishable by a fine not exceeding $10,000 or with imprisonment for a term not exceeding 2 years or both as may be specified in the rules. (5) Any master plan approved by the Authority immediately upon the commencement of this Division for any airport or any part thereof is deemed to be a master plan approved under, and in accordance with rules made under, this section for that airport.


document_id: caasa-2009
provision_ref: s49
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 49
title: Major airport development in accordance with master plan
content:
49. —(1) An airport licensee for an airport must not carry out any major airport development relating to the airport, or cause or permit to be carried out any major airport development relating to the airport, unless the carrying out of the development is in accordance with the master plan for that airport or the development is of a kind declared under section 98 to be exempt from this Division. (2) A person (other than an airport licensee for an airport) must not carry out any major airport development relating to the airport, or cause or permit to be carried out any major airport development relating to the airport, unless the carrying out of the development is in accordance with the master plan for that airport or the development is of a kind declared under section 98 to be exempt from this Division. (3) Any person who fails to comply with subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000. (4) In this section — “development” means the carrying out of any building works, engineering, mining or earthworks or other operations in, on, over or under land, or the making of any material change in the use of any building or land; “major airport development” means a development that is carried out at an airport site that consists of — ( a ) constructing a new runway or extending the length of a runway; ( b ) constructing a new building wholly or principally for use as a passenger terminal; ( c ) extending a building that is wholly or principally for use as a passenger terminal; ( d ) constructing a new taxiway where the extension significantly increases the capacity of the airport to handle movements of passengers, cargo or aircraft; ( e ) constructing a new parking apron for loading and unloading of aircraft passengers or cargo; ( f ) constructing a new cargo terminal; ( g ) constructing new hangars, fuel farms, buildings used for in-flight catering, firefighting services, or aircraft maintenance facilities; or ( h ) such other development as may be prescribed by regulations.


document_id: caasa-2009
provision_ref: s50
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 50
title: Saving of operation of other written laws
content:
50. To avoid doubt, nothing in this Division or any rules for the purposes of this Division derogates from the effect of any other written law for the time being in force relating to planning and use of land or to building and construction. Division 4 &#x2014; Charges, accounts and records


document_id: caasa-2009
provision_ref: s51
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 51
title: Charges
content:
51. —(1) Subject to subsections (2) and (3), an airport licensee for an airport may set such charges as it from time to time thinks fit for the use of the airport, or for such other airport services and facilities provided by the airport licensee as may be prescribed. (2) An airport licensee for an airport is not entitled to demand or take from any person using or otherwise enjoying the benefit of the airport or any airport services and facilities provided by the airport licensee any aeronautical charge exceeding such maximum prices as may be set or approved from time to time by the Authority under section 52(1). (3) An airport licensee for an airport used by or for the use of any Singapore aircraft engaged in flights for the purpose of public transport or instruction in flying is not entitled to demand or take from any person using or otherwise enjoying the benefit of the airport or any airport services and facilities provided by the airport licensee any charge for, or in respect of the use of the airport by aircraft registered in any Contracting State that exceeds the charge demanded for or in respect of the use of the airport by Singapore aircraft. (4) Any charges set under this section may be charged to persons or classes of persons owning or operating aircraft, or to persons or classes of persons using or otherwise enjoying the benefit of the airport operated or managed by the airport licensee, or any airport services and facilities provided by the airport licensee, or to any other persons. (5) In this section and section 52, “aeronautical charge” means any charges imposed by an airport licensee for an airport for providing any of the following services: ( a ) any service that is essential to the operation of the airport; ( b ) any service which the Authority certifies as a service that the airport licensee has the market power of a monopoly or near monopoly in Singapore as a provider of such service; ( c ) any other service prescribed for the purposes of subsection (1) by regulations.


document_id: caasa-2009
provision_ref: s52
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 52
title: Maximum prices for aeronautical charges
content:
52. —(1) In respect of aeronautical charges, maximum prices may be approved by the Authority in one or more of the following terms: ( a ) maximum prices or the maximum rate of increase or the minimum rate of decrease in maximum prices; ( b ) average prices or average rates of increase or decrease in such average prices; ( c ) pricing policies or principles; ( d ) by reference to a general price index, the cost of production, revenue, a rate of return on assets or any other factor; ( e ) by reference to quantity, location or period of supply of the airport services and facilities; ( f ) any other terms as the Authority considers appropriate. (2) The Minister may make rules prescribing the content, form and procedure to be followed, and the methodology or other matters to be included in connection with the preparation, setting and approval of maximum prices for the purposes of subsection (1). (3) Any maximum price approved by the Authority immediately upon the commencement of this Division in respect of any aeronautical charges at any airport is deemed to be maximum prices approved by the Authority under, and in accordance with rules made under, this section in respect of those aeronautical charges of the airport licensee for that airport.


document_id: caasa-2009
provision_ref: s53
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 53
title: Accounts and statements
content:
53. —(1) An airport licensee must — ( a ) in respect of the whole or part (as the case may be) of a financial year, prepare such accounts and statements as are specified in, or ascertained in accordance with, the regulations; ( b ) retain the accounts and statements prepared in accordance with paragraph ( a ) for 5 years after the end of the period to which they relate; ( c ) within the prescribed period after the accounting period, give the Authority those accounts and statements duly audited by an auditor approved by the Authority; and ( d ) keep and retain records, where the records are relevant to the preparation of the accounts and statements of the airport licensee mentioned in paragraph ( a ), for such period and in such manner as prescribed in the regulations. (2) An airport licensee must not prepare any such accounts or statements in such a way that they do not correctly record and explain the matters or things to which they relate. (3) An airport licensee — ( a ) which is subject to any requirement under subsection (1) or (2); and ( b ) which contravenes any such requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000.


document_id: caasa-2009
provision_ref: s54
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 54
title: Record-keeping and giving information on quality of service
content:
54. —(1) An airport licensee, and every person who provides airport services and facilities under an agreement with an airport licensee, must — ( a ) keep and retain records for such period as may be prescribed, where the records are relevant to a matter that is relevant to monitoring or evaluating, under this Part, the quality of an aspect of airport services and facilities as prescribed in the regulations; and ( b ) give to the Authority within the period and in the manner prescribed in the regulations, specified information that is relevant to a matter that is relevant to monitoring or evaluating, under this Part, the quality of an aspect of airport services and facilities as prescribed in the regulations. (2) An airport licensee, or a person who provides airport services and facilities under an agreement with an airport licensee, must not, in purported compliance with a requirement under subsection (1), make a record of any matter or thing in such a way that it does not correctly record the matter or thing. (3) An airport licensee, or a person who provides airport services and facilities under an agreement with an airport licensee — ( a ) who is subject to any requirement under subsection (1) or (2); and ( b ) who contravenes any such requirement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. Division 5 &#x2014; Appeals


document_id: caasa-2009
provision_ref: s55
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 55
title: Appeal to Minister
content:
55. —(1) Any airport licensee who is aggrieved by — ( a ) any decision of the Authority — (i) refusing to grant an airport licence under section 36; (ii) imposing any condition on an airport licence under section 37; (iii) modifying any condition of an airport licence under section 38; (iv) revoking or suspending an airport licence, or imposing a financial penalty under section 39; (v) refusing consent to a transfer of an airport licence under section 41; (vi) refusing approval to an airport licensee to carry on substantial trading or financial activities other than activities specified in section 42(1); (vii) refusing to approve a draft master plan or the additions and alterations to the master plan in force (as the case may be) for an airport under section 48; or (viii) refusing to approve the appointment of a person as the chief executive officer, a director or the chairperson of the board of directors, of an airport licensee under section 59(1); ( b ) any direction of the Authority under section 40, 45 or 60; ( c ) any maximum price for aeronautical charges set or approved by the Authority under section 52; ( d ) any notice of the Authority under section 83(2)( b ); or ( e ) anything contained in any code of practice or standard of performance applicable to the airport licensee, may, within 14 days after being notified of the decision, notice or direction, or the issue or approval of the code of practice or standard of performance, as the case may be, (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the manner prescribed by rules. (2) Any person (other than an airport licensee) who is aggrieved by any decision or direction of the Authority given by or under section 60 may, within 14 days after being notified of the decision or direction (or such longer period as the Minister allows in exceptional circumstances, whether before or after the end of the 14 days), appeal to the Minister in the manner prescribed by rules. (3) Any person who makes an appeal to the Minister under subsection (1) or (2) must, within the period specified therein — ( a ) state as concisely as possible the circumstances under which the appeal arises, the issues and grounds for the appeal; and ( b ) submit to the Minister all relevant facts, evidence and arguments for or against the appeal, as the case may be. (4) Where an appeal has been made to the Minister under subsection (1) or (2), the Minister may require — ( a ) any party to the appeal; and ( b ) any person who is not a party to the appeal but appears to the Minister to have information that is relevant to the matters mentioned in that subsection, to provide the Minister with all such information as he or she may require (whether for the purpose of deciding if an Appeals Advisory Panel should be established or for determining the appeal), and any person so required to provide such information must provide it in such manner and within such period as the Minister may specify. (5) The Minister may reject any appeal of an appellant who fails to comply with subsection (3) or (4). (6) Unless otherwise provided by this Act or the Minister, where an appeal is lodged under this section, the decision, direction or other thing appealed against must be complied with until the determination of the appeal. (7) The Minister may determine an appeal under this section — ( a ) by confirming, varying or reversing any decision, notice or direction of, or code of practice or standard of performance issued by, the Authority; or ( b ) by directing the Authority to reconsider its decision, notice, direction, code of practice or standard of performance, as the case may be. (8) Before determining an appeal under subsection (7) and for the purpose of forming an opinion on which to base such determination, the Minister may consult an Appeals Advisory Panel established for the purpose of advising the Minister in respect of the appeal but, in making such determination, is not bound by such consultation. (9) The Minister’s decision in any appeal is final. (10) The Minister may make rules in respect of the manner in which an appeal may be made to, and the procedure to be adopted in the hearing of any appeal by, the Minister under this section.


document_id: caasa-2009
provision_ref: s56
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 56
title: Appeals Advisory Panel
content:
56. —(1) Where the Minister considers that an appeal lodged under section 55(1) or (2) involves issues of such nature or complexity that it ought to be considered and determined by persons with particular technical or other specialised knowledge, the Minister may establish by direction an Appeals Advisory Panel, comprising one or more of such persons with particular technical or other specialised knowledge and such other persons as the Minister considers appropriate, to provide advice to the Minister with regard to the discharge of his or her functions under section 55 in respect of any appeal that has been made to the Minister under section 55(1) or (2). (2) For the purposes of establishing an Appeals Advisory Panel, the Minister may do all or any of the following: ( a ) determine or vary the terms of reference of the Appeals Advisory Panel; ( b ) appoint persons to be the chairperson and other members of an Appeals Advisory Panel; ( c ) at any time remove the chairperson or other member of an Appeals Advisory Panel from such office; ( d ) determine the procedure to be adopted by the Appeals Advisory Panel in considering any matter referred to it; ( e ) determine any other matters which the Minister considers incidental or expedient for the proper and efficient conduct of business by the Appeals Advisory Panel. (3) An Appeals Advisory Panel may regulate its proceedings as it considers appropriate, subject to the following: ( a ) the quorum for a meeting of the Appeals Advisory Panel is a majority of its members; ( b ) a decision supported by a majority of the votes cast at a meeting of the Appeals Advisory Panel at which a quorum is present is the decision of that Panel. (4) The remuneration and allowances (if any) of a member of an Appeals Advisory Panel must be determined by the Minister and form part of the expenses of the Authority. (5) An Appeals Advisory Panel must be independent in the performance of its functions.


document_id: caasa-2009
provision_ref: s56A
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 56A
title: Interpretation of this Part
content:
56A. —(1) In this Part — “5% controller” has the meaning given by section 56B; “25% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 25% or more, but less than 50%, of the total equity interests in that designated entity; or ( b ) is in a position to control 25% or more, but less than 50%, of the voting power in that designated entity; “50% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 50% or more, but less than 75%, of the total equity interests in that designated entity; or ( b ) is in a position to control 50% or more, but less than 75%, of the voting power in that designated entity; “75% controller”, in relation to a designated entity, means a person who, alone or together with that person’s associates — ( a ) holds 75% or more of the total equity interests in that designated entity; or ( b ) is in a position to control 75% or more of the voting power in that designated entity; “acquisition” includes an agreement to acquire, but does not include — ( a ) an acquisition by will or by operation of law; or ( b ) an acquisition by way of enforcement of a loan security; “arrangement” includes any formal or informal scheme, arrangement or understanding, and any trust whether express or implied; “business trust” has the meaning given by section 2 of the Business Trusts Act 2004; “chief executive officer”, in relation to a designated entity or the trustee-manager of a designated entity, means an individual (by whatever name called) who — ( a ) is in the direct employment of, or acting for or by arrangement with, the designated entity or trustee-manager, as the case may be; and ( b ) is principally responsible for the management and conduct of the designated entity or trustee-manager, as the case may be, and includes any individual for the time being performing all or any of the functions of a chief executive officer; “Class 1 designated operating entity” means a designated operating entity that is also an airport licensee or a designated business trust; “Class 2 designated operating entity” means a designated operating entity that is neither an airport licensee nor a designated business trust; “control” includes control as a result of, or by means of, any trust, agreement, arrangement, understanding or practice, whether or not having legal or equitable force and whether or not based on legal or equitable rights; “decrease”, in relation to the holding of equity interests, includes a decrease to a point of nil; “designated business trust” means a business trust that is established wholly or partly in respect of an airport (or any part of an airport) and which has been declared by the Authority, by notification in the Gazette , to be a designated business trust for the purposes of this Part; “designated entity” means a designated equity interest holder or a designated operating entity; “designated equity interest holder” means an entity that has been designated as a designated equity interest holder under section 64; “designated operating entity” means an entity that has been designated as a designated operating entity under section 64; “director” has the meaning given by section 4(1) of the Companies Act 1967; “effective designation date”, in relation to a designated entity, means the date specified under section 64(3) as the date on which the designation of that entity as a designated operating entity or designated equity interest holder (as the case may be) takes effect; “entity” means any sole proprietorship, partnership, corporation or other body of persons, whether corporate or unincorporate, and includes a business trust; “equity interest” — ( a ) in relation to a corporation — means a voting share in that corporation; ( b ) in relation to an entity other than a corporation — means any right or interest, whether legal or equitable, in that entity (by whatever name called) which gives the holder of that right or interest voting power in that entity; and ( c ) in relation to a business trust — means a unit in that business trust; “essential transport service” means any service or facility specified or described in the Third Schedule which is necessary for the continuity of, or to support, the provision of air transport; “increase”, in relation to the holding of equity interests, includes an increase from a starting point of nil; “indirect controller”, in relation to a designated entity, means any person, whether acting alone or together with any other person, and whether with or without holding equity interests or controlling the voting power in the designated entity — ( a ) whose directions, instructions or wishes — (i) the directors or other officers of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust), is accustomed or under an obligation, whether formal or informal, to act in accordance with; or ( b ) who is in a position to determine the policy of the designated entity, but does not include — ( c ) any person who is — (i) a director or other officer of the designated entity; or (ii) the trustee‑manager (in the case of a designated entity that is a business trust); or ( d ) any person whose directions, instructions or wishes — (i) the directors or other officers of the designated entity; or (ii) the trustee-manager (in the case of a designated entity that is a business trust), is accustomed to act in accordance with by reason only that the acting is on advice given by the person in that person’s professional capacity; “liquidator” includes the Official Receiver when acting as the liquidator of a corporation; “officer”, in relation to a corporation, includes — ( a ) a director or secretary of, or a person employed in an executive capacity by, the corporation; ( b ) any receiver or manager, or any receiver and manager, of any part of the undertaking of the corporation, appointed under a power contained in any instrument or by the General Division of the High Court or by creditors; ( c ) any liquidator of the corporation appointed in a voluntary winding up or by the General Division of the High Court or by creditors; and ( d ) any judicial manager of the corporation appointed under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018; “Official Receiver” has the meaning given by section 2(1) of the Insolvency, Restructuring and Dissolution Act 2018; “related corporation”, in relation to a corporation, means another corporation that is deemed under section 56D(2) to be related to that corporation; “share”, in relation to a corporation, means a share in the share capital of the corporation and includes stock into which all or any of the share capital of the corporation has been converted; “treasury share” has the meaning given by section 4(1) of the Companies Act 1967; “trustee‑manager” has the meaning given by section 2 of the Business Trusts Act 2004; “unit” has the meaning given by section 2 of the Business Trusts Act 2004; “unitholder” means a person who holds units in a business trust; “voting share” has the meaning given by section 4(1) of the Companies Act 1967 but does not include a treasury share. (2) A reference in this Part to the control of a percentage of the voting power in a designated entity is to the control, whether direct or indirect, of that percentage of the total number of votes that might be cast in — ( a ) a general meeting of the designated entity; or ( b ) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust. (3) In ascertaining a person’s control of the percentage of the total number of votes that might be cast at a general meeting mentioned in subsection (2), the number of votes that the person is entitled to cast at the meeting by reason of having been appointed a proxy or representative to vote at the meeting is to be disregarded. (4) In this Part — ( a ) a reference to a chairperson of a board of directors includes an individual (by whatever name called) acting in that capacity; ( b ) a reference to the business or operations of an entity that is a business trust is to the business or operations (as the case may be) carried on by the trustee-manager of the business trust on behalf of the business trust; and ( c ) a reference to a condition imposed by the Authority includes a condition added or varied by the Authority. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s56B
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 56B
title: Meaning of “5% controller”
content:
56B. —(1) Subject to subsection (2), in this Part, a reference to a “5% controller” of an entity is to a person who, alone or together with that person’s associates — ( a ) holds 5% or more, but less than 25%, of the total equity interests in that designated entity; or ( b ) is in a position to control 5% or more, but less than 25%, of the voting power in that designated entity. (2) Where an entity is an airport licensee or a designated business trust (and not also a designated entity), a reference to a “5% controller” of that entity is to a person who, alone or together with that person’s associates — ( a ) holds 5% or more of the total equity interests in that entity; or ( b ) is in a position to control 5% or more of the voting power in that entity. (3) Despite subsection (2) — ( a ) the Minister may, by order in the Gazette , vary the definition of “5% controller” under subsection (2) by specifying a higher percentage of the total equity interests in or of the voting power in an airport licensee or a designated business trust; and ( b ) any reference in this Part to a “5% controller” in relation to an entity that is an airport licensee or a designated business trust (and not also a designated entity) is to a person who, alone or together with the person’s associates — (i) holds that specified higher percentage or more of the total equity interests in; or (ii) is in a position to control that specified higher percentage or more of the voting power in, the airport licensee or designated business trust. (4) In making any order under subsection (3), the Minister may provide for such saving and transitional provisions as he or she thinks fit. (5) Every order made under subsection (3) must be presented to Parliament as soon as possible after publication in the Gazette . [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s56C
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 56C
title: What holding an equity interest means
content:
56C. —(1) In this Part, a person holds an equity interest if the person — ( a ) has or is deemed to have an equity interest in accordance with subsections (2) to (8); or ( b ) otherwise has a legal or equitable interest in that equity interest, except for — ( c ) any interest to be disregarded under section 7(9) of the Companies Act 1967; ( d ) any 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; ( e ) any interest in a share held by a person, being an interest held by the person because the person holds a prescribed office; ( f ) any interest of a prescribed kind in a share, being an interest held by such persons as are prescribed; ( g ) any interest in a share held by the Government or the Minister for Finance in his or her corporate capacity; ( h ) any equity interest of a prescribed kind in a company, being an equity interest held by a prescribed person; or ( i ) any interest prescribed under section 102 as an interest that is to be disregarded. (2) For the purposes of this Part, if — ( a ) a person holds an interest in a share as a loan security; ( b ) the ordinary business of the person includes the lending of money; ( c ) the loan security is enforced; ( d ) as a result of the enforcement of the loan security, the person becomes the holder of the share; and ( e ) the person holds the share for a continuous period (called the holding period) beginning at the time when the security was enforced, the person’s interest in the share is to be disregarded at all times during so much of the holding period as occurs during whichever of the following periods is applicable: ( f ) the period of 90 days beginning when the security was enforced; ( g ) if the Authority, by written notice given to the person, allows a longer period, the end of that longer period. (3) Subject to subsection (4), a person has an equity interest if the person has authority (whether formal or informal, or express or implied) to dispose of, or to exercise control over the disposal of, that equity interest. (4) It is immaterial that the authority of a person to dispose of, or to exercise control over the disposal of, the equity interest mentioned in subsection (3) is, or is capable of being made, subject to restraint or restriction. (5) It is immaterial, for the purposes of determining whether a person has an equity interest, that the interest cannot be related to a particular share, an interest or a right that gives its holder voting power, or a unit of a business trust, as the case may be. (6) A person is deemed to have an equity interest if — ( a ) any property held in trust consists of or includes the equity interest; and ( b ) the person knows, or has reasonable grounds for believing, that the person has an interest under that trust. (7) A person is also deemed to have an equity interest if that person — ( a ) has entered into a contract to purchase the equity interest; ( b ) has a right, otherwise than by reason of having an interest under a trust, to have the equity interest transferred to (or to the order of) that person, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; ( c ) has the right to acquire the equity interest under an option, whether the right is exercisable presently or in the future and whether on the fulfilment of a condition or not; or ( d ) is entitled (otherwise than by reason of having been appointed a proxy or representative) to vote at — (i) a general meeting of the designated entity; or (ii) in the case of a designated entity that is a business trust — a general meeting of the unitholders of the business trust, to exercise or control the exercise of a right attached to the equity interest, not being an equity interest in which that person has a legal or equitable interest. (8) For the purposes of subsection (7)( c ), a person is entitled to acquire anything if the person is absolutely or contingently entitled to acquire it, whether because of any constituent document of an entity, the exercise of any right or option or for any other reason. (9) A person is not to be deemed as not having an equity interest by reason only that the person has the equity interest jointly with another person. (10) An equity interest is not to be disregarded by reason only of — ( a ) its remoteness; ( b ) the manner in which it arose; or ( c ) the fact that the exercise of a right conferred by the equity interest is, or is capable of being made, subject to restraint or restriction. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s56D
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 56D
title: Meanings of “associate”, “related corporation”, “subsidiary” and “holding company”
content:
56D. —(1) In this Part, a person ( A ) is an associate of another person ( B ) if — ( a ) A is the spouse, or a parent, step-parent or remoter lineal ancestor, or a son, stepson, daughter, stepdaughter or remoter issue, or a brother or sister, of B ; ( b ) A is a partner of B in a partnership or limited liability partnership; ( c ) A is a corporation of which B is an officer; ( d ) B is a corporation of which A is an officer; ( e ) A and B are officers of the same corporation; ( f ) A is an employee of B ; ( g ) B is an employee of A ; ( h ) A and B are employees of the same employer; ( i ) A is the trustee of a discretionary trust where B (or another person who is an associate of B by virtue of any paragraph, except this paragraph and paragraphs ( j ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( j ) B is the trustee of a discretionary trust where A (or another person who is an associate of A by virtue of any paragraph, except this paragraph and paragraphs ( i ) and ( r )) benefits, or is capable (whether by exercise of a power of appointment or otherwise) of benefitting, under the trust, either directly or through interposed entities or trusts; ( k ) A is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( l ) B is a corporation whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( m ) A is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of B or, where B is a corporation, of the directors of B ; ( n ) B is a person who is accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of A or, where A is a corporation, of the directors of A ; ( o ) A is a related corporation of B ; ( p ) A is a corporation in which B , alone or together with other associates of B as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in A ; ( q ) B is a corporation in which A , alone or together with other associates of A as described in paragraphs ( b ) to ( o ), is in a position to control at least 20% of the voting power in B ; ( r ) A is a person with whom B enters, or proposes to enter, into an agreement or arrangement (whether oral or in writing and whether express or implied) that relates to any of the following matters: (i) A and B being in a position, by acting together, to control any of the voting power in a designated entity; (ii) A and B acting together with respect to the acquisition, holding or disposal of equity interests or other interests in a designated entity; (iii) the power of A and B , by acting together, to appoint or remove — (A) a director of a designated entity; or (B) in the case of a designated entity that is a business trust — a director of the trustee-manager of the business trust; (iv) the situation where one or more of the directors of — (A) a designated entity; or (B) in the case of a designated entity that is a business trust — the trustee-manager of the business trust, are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of A and B acting together; ( s ) A controls more than half of the voting power of a holding company of B ; ( t ) B controls more than half of the voting power of a holding company of A ; or ( u ) A is related to B in such other manner as may be prescribed by regulations made under section 102. (2) A corporation ( A ) and another corporation ( B ) are deemed to be related to each other for the purposes of this section where A is — ( a ) the holding company of B ; ( b ) a subsidiary of B ; or ( c ) a subsidiary of the holding company of B . (3) For the purposes of subsection (2), a corporation ( A ) is, subject to subsection (5), deemed to be a subsidiary of another corporation ( B ) if — ( a ) B controls the composition of the board of directors of A ; ( b ) B controls more than half of the voting power of A ; or ( c ) A is a subsidiary of any corporation which is B ’s subsidiary. (4) For the purposes of subsection (3), the composition of A ’s board of directors is deemed to be controlled by B if B , by the exercise of a power exercisable by it without the consent or concurrence of any other person, can appoint or remove all or a majority of the directors, and for the purposes of this provision, B is deemed to have power to make such an appointment if — ( a ) a person cannot be appointed as a director without the exercise in the person’s favour by B of such a power; or ( b ) a person’s appointment as a director follows necessarily from that person being a director or other officer of B . (5) In determining whether one corporation ( A ) is the subsidiary of another corporation ( B ) — ( a ) any shares held or power exercisable by B in a fiduciary capacity is treated as not held or exercisable by B ; ( b ) subject to paragraphs ( c ) and ( d ), any shares held or power exercisable — (i) by any person as a nominee for B (except if B is concerned only in a fiduciary capacity); or (ii) by, or by a nominee for, a subsidiary of B , not being a subsidiary which is concerned only in a fiduciary capacity, is to be treated as being held or exercisable by B ; ( c ) any shares held or power exercisable by any person by virtue of the provisions of any debentures of A , or of a trust deed for securing any issue of such debentures, is to be disregarded; and ( d ) any shares held or power exercisable by, or by a nominee for, B or its subsidiary (not being held or exercisable as mentioned in paragraph ( c )) is to be treated as not held or exercisable by B if the ordinary business of B or its subsidiary (as the case may be) includes the lending of money and the shares are so held or power is so exercisable by way of security only for the purposes of a transaction entered into in the ordinary course of that business. (6) A reference in this section to the holding company of a corporation is to a corporation of which the last mentioned corporation is a subsidiary. (7) For the purposes of this section, the Depository is not to be regarded as a holding company of a corporation by reason only of the shares it holds in that corporation as a bare trustee. (8) Regulations made under section 102 may provide that any person or class of persons are not associates of another person for the purposes of any provision of this Part. (9) In this section — “Depository” has the meaning given by section 81SF of the Securities and Futures Act 2001; “officer”, in relation to a corporation, means a director or secretary of, or any person employed in an executive capacity by, the corporation. [Act 20 of 2024 wef 01/04/2025] Division 2 &#x2014; Control of ownership and management, etc., of airport licensees and designated business trusts [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s57
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 57
title: Control of equity interest or voting control in airport licensee
content:
57. —(1) A person must not, whether through a series of transactions over a period of time or otherwise, become a 5% controller or an indirect controller of an airport licensee or a designated business trust without obtaining the prior written approval of the Authority. (2) The Authority may approve an application under subsection (1) if the Authority is satisfied that — ( a ) 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; ( b ) having regard to the person’s likely influence — (i) the airport licensee will continue to conduct its business prudently and comply with the provisions of this Act; or (ii) 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 ( c ) it is in the public interest to do so. (3) The approval of the Authority under this section may be granted subject to the prescribed conditions and such additional conditions as the Authority considers appropriate to impose in any particular case. (4) Any condition subject to which the Authority’s approval under this section is granted has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the airport licensee or the business trust. (5) An airport licensee or the trustee-manager of a designated business trust (as the case may be) must within the prescribed time give written notice to the Authority if any person acquires equity interest in the airport licensee or designated business trust, whether through a series of transactions over a period of time or otherwise, that would result in the person becoming a 5% controller or an indirect controller of the airport licensee. (6) Any person who contravenes subsection (1) or (5) shall be guilty of an offence and shall be liable on conviction — ( a ) 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 of a day during which the offence continues after conviction; or ( b ) 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 of a day during which the offence continues after conviction. (7) Where a person is charged with an offence in respect of a contravention of subsection (1), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened subsection (1); or ( b ) the person has, within a period of 14 days after becoming aware that the person had contravened subsection (1), notified the Authority of the contravention and, within such time as the Authority may determine, taken such actions in relation to the person’s holding of equity interests or control of voting power in the airport licensee or the business trust as the Authority may direct. (8) Where a person is charged with an offence in respect of a contravention of subsection (1), it is also a defence for the person to prove that, even though the person was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the person’s associates in the airport licensee or designated business trust, as the case may be; ( b ) the person 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 ( c ) the person has, within a period of 14 days after the date of the contravention, notified the Authority of the contravention and, within such time as the Authority may determine, taken such actions in relation to the person’s holding of equity interests or control of voting power in the airport licensee or the business trust as the Authority may direct. (9) Where a person is charged with an offence in respect of a contravention of subsection (5), it is a defence for the person to prove that — ( a ) the person was not aware that the person had contravened subsection (5); and ( b ) the person has, within a period of 5 days after becoming aware that the person had contravened subsection (5), notified the Authority of the contravention. (10) Except as provided in subsections (7) and (8), it is not a defence for a person charged with an offence in respect of a contravention of subsection (1) or (5) to prove that the person did not intend to or did not knowingly contravene subsection (1) or (5).


document_id: caasa-2009
provision_ref: s58
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 58
title: Acquisition of airport licensee as going concern
content:
58. —(1) A person, whether or not the person has obtained any approval of the Authority under section 57(1) or is exempted from section 57(1), must not acquire as a going concern — ( a ) the business of an airport licensee (or any part thereof) conducted pursuant to its licence for an airport; or ( b ) 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. (2) The Authority may approve an application under subsection (1) if the Authority is satisfied that — ( a ) the person acquiring the business is a fit and proper person; ( b ) 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 ( c ) it is in the public interest to do so. (3) The approval of the Authority under this section may be granted subject to such conditions as the Authority considers appropriate. (4) Any condition imposed by the Authority under this section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the airport licensee or the business trust. (5) An application for the Authority’s approval under subsection (1) must — ( a ) 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 ( b ) be made in such form and manner as the Authority may specify. (6) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) 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 of a day during which the offence continues after conviction; or ( b ) 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 of a day during which the offence continues after conviction.


document_id: caasa-2009
provision_ref: s59
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 59
title: Appointment of chief executive officer, director, etc., of airport licensee
content:
59. —(1) An airport licensee must not appoint a person as its chief executive officer, its director or the chairperson of its board of directors unless it has obtained the prior written approval of the Authority. (2) Where a person has been appointed by an airport licensee as its chief executive officer, its director or the chairperson of its board of directors in contravention of subsection (1), the Authority may issue a direction to the airport licensee to remove the person as its chief executive officer, its director or the chairperson of its board of directors, as the case may be. (3) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, or other constitution, of the airport licensee.


document_id: caasa-2009
provision_ref: s60
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 60
title: Remedial directions
content:
60. —(1) The Authority may issue any direction to a person under subsection (2) or (3) if the Authority is satisfied that — ( a ) the person has contravened section 57(1) or 58(1); ( b ) 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) — (i) the person is not or ceases to be a fit and proper person; (ii) 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 (iii) 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; ( c ) 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 mentioned in section 58(1) — (i) the person is not or ceases to be a fit and proper person; or (ii) it is not, or is no longer, in the public interest to allow the person to continue to own or manage that business; ( d ) any condition of approval imposed on the person under section 57 or 58 has not been complied with; ( e ) the person has provided false or misleading information or documents in connection with the person’s application for approval under section 57 or 58; or ( f ) 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. (2) Where a person is a 5% controller or an indirect controller of an airport licensee or a designated business trust, the Authority may — ( a ) direct the person to take such steps as are necessary, within such period as the Authority may specify, to ensure that the person ceases to be a 5% controller or an indirect controller of the airport licensee or designated business trust; ( b ) direct the transfer or disposal of all or any of the equity interest held by the person or any of the person’s associates (called in this section and section 61 the specified equity interest) within such time and subject to such conditions as the Authority considers appropriate; ( c ) restrict the transfer or disposal of the specified equity interest; or ( d ) make such other direction as the Authority considers appropriate. (3) Where a person has acquired as a going concern a business mentioned in section 58(1), the Authority may — ( a ) 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; ( b ) restrict the transfer or disposal of all or any part of the business; or ( c ) make such other direction as the Authority considers appropriate. (4) Before issuing any direction to a person under subsection (2) or (3), the Authority must, unless the Authority decides that it is not practicable or desirable to do so, give to the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the proposed direction. (5) Upon receipt of any written representation mentioned in subsection (4), the Authority must consider it for the purpose of determining whether to issue the direction. (6) A person to whom a direction is issued under this section must comply with the direction. (7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction — ( a ) 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 of a day during which the offence continues after conviction; or ( b ) 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 of a day during which the offence continues after conviction. (8) The Authority may, at any time, rescind, vary or discharge any direction given by it under this section or suspend the operation of any such direction.


document_id: caasa-2009
provision_ref: s61
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 61
title: Effect of remedial directions
content:
61. —(1) Any direction issued to a person under section 60 takes effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution of the airport licensee. (2) Where any direction is issued under section 60(2)( a ) or ( b ), despite the provisions of any other written law or anything contained in the memorandum or articles of association, trust deed or other constitution, of the airport licensee or the business trust, as the case may be — ( a ) no voting rights are exercisable in respect of the specified equity interest unless the Authority expressly permits such rights to be exercised; ( b ) no equity interest of the airport licensee, the entity or the business trust may 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 ( c ) except in a winding up of the airport licensee, the entity or the business trust, no payment may 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 that payment, until the transfer or disposal is effected in accordance with the direction or until the direction is revoked, as the case may be.


document_id: caasa-2009
provision_ref: s62
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 62
title: Head office to be in Singapore
content:
62. —(1) An airport licensee must ensure that its central management and control is ordinarily exercised at a place within Singapore. (2) A contravention of subsection (1) does not affect the validity of any transaction.


document_id: caasa-2009
provision_ref: s62A
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 62A
title: Restrictions on voluntary winding up, etc., of airport licensees and designated business trusts
content:
62A. —(1) Despite any other written law — ( a ) an airport licensee cannot be wound up voluntarily without the consent of the Authority; ( b ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an airport licensee, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Authority; ( c ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to an airport licensee without the consent of the Authority; ( d ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of an airport licensee without the consent of the Authority; ( e ) a designated business trust cannot be wound up voluntarily without the consent of the Authority; ( f ) a person must not take any step to enforce any security over — (i) the property of an airport licensee; or (ii) the trust property of a designated business trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and ( g ) a person must not take any step to execute or enforce any judgment or order of court obtained against an airport licensee or a designated business trust unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority. (2) The Authority must be a party to — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an airport licensee; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to an airport licensee; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of an airport licensee; and ( d ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of a designated business trust. (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Authority in those proceedings. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s62B
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 62B
title:
Non-application and modification of Division 2 provisions in relation to Class 1 designated operating entities

content:
62B. —(1) Sections 57, 59, 60(1)( b ) and (2), 61(2) and 62A do not apply to or in relation to any airport licensee or designated business trust that is also a Class 1 designated operating entity, starting on its effective designation date and while it remains so designated. (2) Section 58 applies to or in relation to an airport licensee or a designated business trust that is also a Class 1 designated operating entity with the following modifications, starting on its effective designation date and while it remains so designated: ( a ) the reference in section 58(1)( a ) to the business of an airport licensee (or any part thereof) conducted pursuant to its licence for an airport is to such business (or any part thereof) of the airport licensee where the operation of the airport is not an essential transport service; ( b ) the reference in section 58(1)( b ) to 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 is to such business (or any part thereof) where the operation of the airport is not an essential transport service. (3) Section 60 applies to or in relation to an airport licensee or a designated business trust that is also a Class 1 designated operating entity with the following modifications, starting on its effective designation date and while it remains so designated: ( a ) the reference in section 60(1)( a ) to section 57(1) or 58(1) is to section 58(1) as modified by subsection (2); ( b ) the reference in section 60(1)( c ) and (3) to a business mentioned in section 58(1) is to a business mentioned in section 58(1) as modified by subsection (2). [Act 20 of 2024 wef 01/04/2025] Division 3 &#x2014; Control of ownership and management, etc., of designated entities Subdivision (1) &#x2014; Preliminary


document_id: caasa-2009
provision_ref: s63
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 63
title: Extraterritorial application of this Division
content:
63. —(1) Except where otherwise expressly provided, this Part applies to, and in relation to — ( a ) all individuals, whether resident in Singapore or not and whether citizens of Singapore or not; and ( b ) all bodies corporate or unincorporate, whether incorporated, formed, established, or carrying on business in Singapore or not. (2) Every person who, outside Singapore, commits an act or omission that, if committed in Singapore, would constitute an offence under this Part, is deemed to commit the act or omission in Singapore and may be proceeded against, charged, tried and punished accordingly. [Act 20 of 2024 wef 01/04/2025] Subdivision (2) &#x2014; Designation of entities


document_id: caasa-2009
provision_ref: s64
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 64
title: Designation of designated operating entities and designated equity interest holders
content:
64. —(1) The Authority may by notification in the Gazette — ( a ) designate an entity that provides any essential transport service in Singapore, or any business trust through which any essential transport service is provided in Singapore, as a designated operating entity; or ( b ) designate an entity that holds any equity interest in a designated operating entity as a designated equity interest holder, if the Authority considers that the designation is necessary in the public interest. (2) The Authority must inform the Minister of the Authority’s decision to designate an entity before publishing the notification under subsection (1) but the failure to do so does not invalidate the designation. (3) The notification under subsection (1) — ( a ) must specify the date on which the designation takes effect; and ( b ) must be published in the Gazette at least 14 days before the date that the designation takes effect. (4) The Authority may by notification in the Gazette cancel a designation at any time. [Act 20 of 2024 wef 01/04/2025] Subdivision (3) &#x2014; Control of designated entities


document_id: caasa-2009
provision_ref: s65
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 65
title:
Notice to Authority by 5% controller of Class 2 designated operating entity or designated equity interest holder

content:
65. —(1) This section applies only in relation to a designated entity that is a Class 2 designated operating entity or a designated equity interest holder. (2) If a person becomes a 5% controller of a designated entity on or after the effective designation date as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, that person must within 7 days after becoming the 5% controller give written notice to the Authority of that fact. (3) Any person who contravenes subsection (2) shall be guilty of an offence. (4) In any proceedings for a contravention of subsection (2), it is a defence for the accused to prove that the accused — ( a ) was not aware of the contravention when it occurred; and ( b ) notified the Authority of the contravention within a period of 14 days after becoming aware of the contravention. (5) In any proceedings for a contravention of subsection (2), it is also a defence for the accused to prove that, though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity; ( b ) the accused 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, or under which they act together in exercising their voting power, in relation to the designated entity; and ( c ) the accused notified the Authority of the contravention within a period of 7 days after the contravention. (6) Except as provided in subsections (4) and (5), it is not a defence in any proceedings for a contravention of subsection (2) to prove that the accused did not intend to or did not knowingly contravene subsection (2). [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s66
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 66
title:
Approvals of Authority in relation to equity interests and control of voting power in designated entities in certain cases

content:
66. —(1) Except with the prior written approval of the Authority, a person must not — ( a ) as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, become a 5% controller, 25% controller, 50% controller or 75% controller of a Class 1 designated operating entity on or after the effective designation date; ( b ) as a result of an increase in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, become a 25% controller, 50% controller or 75% controller of a Class 2 designated operating entity or designated equity interest holder on or after the effective designation date; or ( c ) as a result of a decrease in the holding of equity interest, or in the voting power controlled, by that person or any associate of that person, cease to be a 25% controller, 50% controller or 75% controller of a designated entity on or after the effective designation date. (2) Subsection (1) does not apply if the transaction through which a person becomes a 5% controller, 25% controller, 50% controller or 75% controller, or ceases to be a 25% controller, 50% controller or 75% controller, is entered into before the effective designation date. (3) A person must not become an indirect controller of a designated entity on or after the effective designation date unless the person has obtained the prior written approval of the Authority. (4) The Authority may approve an application under subsection (1)( a ) or ( b ) or (3) if the Authority is satisfied that — ( a ) the person who is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller of a designated entity and every associate of that person known to the Authority, are fit and proper persons; ( b ) the provision of any essential transport service by the following (whichever is applicable) will continue to be secure and reliable: (i) the designated operating entity of which the person is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller; (ii) the trustee‑manager of the designated operating entity of which the person is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller; (iii) in the case where the person is to become a 5% controller, 25% controller, 50% controller, 75% controller or indirect controller of a designated equity interest holder — the designated operating entity, or the trustee-manager of the designated operating entity, in relation to which the designated equity interest holder is so designated; ( c ) having regard to the influence of the person mentioned in paragraph ( a ) and every associate of that person known to the Authority, the following requirements are met: (i) if the designated entity is a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; (ii) if the designated entity is a designated equity interest holder — (A) the designated operating entity in respect of which the designated equity interest holder is so designated or, if that designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and (B) the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee-manager, will continue to comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (5) The Authority may approve an application under subsection (1)( c ) if the Authority is satisfied that — ( a ) the provision of any essential transport service by the following (whichever is applicable) will continue to be safe, reliable and efficient: (i) the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller; (ii) the trustee‑manager of the designated operating entity of which the person is a 25% controller, 50% controller or 75% controller; (iii) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — the designated operating entity, or the trustee-manager of the designated operating entity, in relation to which the designated equity interest holder is so designated; ( b ) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated operating entity — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; ( c ) in the case where the person is a 25% controller, 50% controller or 75% controller of a designated equity interest holder — (i) the designated operating entity in respect of which the designated equity interest holder is so designated or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and (ii) the designated equity interest holder or, if the designated equity interest holder is a business trust, its trustee-manager, will continue to comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (6) The Authority may — ( a ) grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (7) Any condition imposed by the Authority under subsection (6) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated entity in relation to which the application for approval under subsection (1) or (3) is made. (8) Any person who contravenes subsection (1) or (3), or who fails to comply with any condition imposed under subsection (6), shall be guilty of an offence. (9) In any proceedings for a contravention of subsection (1), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Authority of the contravention within a period of 14 days after becoming aware of the contravention; and ( c ) if the Authority issued any direction under section 67E relating to the contravention — (i) the accused complied with the direction within the period determined by the Authority under that section; or (ii) the period determined by the Authority under that section for compliance with the direction has not expired. (10) In any proceedings for a contravention of subsection (1), it is also a defence for the accused to prove that even though the accused was aware of the contravention — ( a ) the contravention occurred as a result of an increase or a decrease in the holding of equity interest, or in the voting power controlled, by any of the associates of the accused, in the designated entity; ( b ) the accused 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, or under which they act together in exercising their voting power, in relation to the designated entity; ( c ) the accused notified the Authority of the contravention within a period of 7 days after the contravention or breach; and ( d ) if the Authority issued any direction under section 67E relating to the contravention — (i) the accused complied with the direction within the period determined by the Authority under that section; or (ii) the period determined by the Authority under that section for compliance with the direction has not expired. (11) In any proceedings for a contravention of subsection (3), it is a defence for the accused to prove that — ( a ) the accused was not aware of the contravention when it occurred; ( b ) the accused notified the Authority of the contravention within a period of 14 days after the contravention; and ( c ) if the Authority issued any direction under section 67E relating to the contravention — (i) the accused complied with the direction within the period determined by the Authority under that section; or (ii) the period determined by the Authority under that section for compliance with the direction has not expired. (12) Except as provided in subsections (9), (10) and (11), it is not a defence in any proceedings for a contravention of subsection (1) or (3) to prove that the accused did not intend to or did not knowingly contravene subsection (1) or (3). [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67
title: Appointment of chief executive officer, chairperson, director, etc., of designated entity
content:
67. —(1) A Class 1 designated operating entity or, in the case of a Class 1 designated operating entity that is a business trust, its trustee-manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer, the chairperson of its board of directors or any of its directors, unless the Class 1 designated operating entity or the trustee-manager (as the case may be) has obtained the prior written approval of the Authority. (2) A Class 2 designated operating entity or designated equity interest holder or, in the case of a Class 2 designated operating entity or designated equity interest holder that is a business trust, its trustee-manager, must not, on or after the effective designation date, appoint an individual as its chief executive officer or the chairperson of its board of directors unless the Class 2 designated operating entity, designated equity interest holder or trustee-manager (as the case may be) has obtained the prior written approval of the Authority. (3) A person must not, on or after the effective designation date, be appointed as a manager of, or become a partner in, a limited liability partnership that is a designated entity unless the designated entity has obtained the prior written approval of the Authority. (4) A person must not, on or after the effective designation date, become a partner in a partnership that is a designated entity unless the person has obtained the prior written approval of the Authority. (5) The Authority may — ( a ) grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (6) Any person who contravenes subsection (1), (2), (3) or (4), or who fails to comply with any condition imposed under subsection (5), shall be guilty of an offence. (7) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated entity or the trustee-manager of the designated entity in relation to which the application for approval under subsection (1), (2), (3) or (4) is made. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67A
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67A
title: Acquisition of business of designated operating entity as going concern
content:
67A. —(1) A person must not, on or after the effective designation date, acquire as a going concern, a designated operating entity’s business of providing any essential transport service (or any part of such business) unless — ( a ) the person; and ( b ) the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, have obtained the prior written approval of the Authority. (2) An application for the Authority’s approval under subsection (1) must be — ( a ) made jointly by the persons mentioned in subsection (1)( a ) and ( b ); and ( b ) made in such form and manner as the Authority may specify. (3) The Authority may approve an application under subsection (1) if the Authority is satisfied that — ( a ) the person acquiring the business or part is a fit and proper person; ( b ) after the acquisition, the provision of the essential transport service mentioned in subsection (1) will continue to be secure and reliable; ( c ) in the case where after the acquisition, the designated operating entity continues to carry on part of the business mentioned in subsection (1) — the designated operating entity or, if the designated operating entity is a business trust, its trustee-manager, will continue to conduct the business of the designated operating entity prudently and comply with the provisions of this Act; and ( d ) it is in the public interest to do so. (4) The Authority may — ( a ) grant an approval under this section subject to any conditions that the Authority considers appropriate to impose; and ( b ) at any time add to, vary or revoke any condition so imposed. (5) This section has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution, of the designated operating entity. (6) Any person who contravenes subsection (1), or who fails to comply with any condition imposed under subsection (4), shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67B
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67B
title: Occurrence of certain events
content:
67B. —(1) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the Authority of any of the following agreements at least 14 days before entering into the agreement: ( a ) in the case of a designated entity that is a designated operating entity — an agreement for the outsourcing of a material function performed by the designated operating entity in the provision of any essential transport service; ( b ) any agreement prescribed under section 102. (2) Subsection (1) does not apply in relation to any agreement entered into before the expiry of 14 days after the effective designation date. (3) A designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, must notify the Authority of the occurrence of any of the following events within 7 days after becoming aware of the occurrence: ( a ) in the case of a designated entity that is a designated operating entity — (i) any civil or criminal proceedings (whether in Singapore or elsewhere) instituted against the designated entity or, if the designated entity is a business trust, its trustee-manager, that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; or (ii) any other event or irregularity that materially impedes or impairs the operations of the designated entity carried out in the course of providing any essential transport service; ( b ) the designated entity or, if the designated entity is a business trust, its trustee-manager, being or becoming, or being likely to become, insolvent; ( c ) the designated entity or, if the designated entity is a business trust, its trustee-manager — (i) being wound up or subject to any receivership or judicial management order; or (ii) entering into a compromise or scheme of arrangement; ( d ) in the case of a designated entity that is a business trust — the business trust being wound up or deregistered or the making of an application for the deregistration of the business trust; ( e ) any other event prescribed under section 102. (4) Subsection (3) does not apply where the designated entity or trustee-manager (as the case may be) becomes aware of the occurrence of the event before the effective designation date. (5) The Authority may, upon receiving a notification under subsection (1) or (3) in relation to an agreement or the occurrence of an event, direct the designated entity or trustee-manager in question to submit to the Authority any information or document relating to the agreement or event within the period specified by the Authority. (6) Any person who — ( a ) contravenes subsection (1) or (3); ( b ) fails to comply with a direction of the Authority under subsection (5); or ( c ) submits any false or misleading information or document in compliance or purported compliance with a direction of the Authority under subsection (5), shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67C
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67C
title:
Duty of designated entity or trustee-manager to report changes of equity and control of certain persons

content:
67C. —(1) If a designated entity or, in the case of a designated entity that is a business trust, its trustee-manager, becomes aware that — ( a ) a person has, on or after the effective designation date, become a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity; ( b ) a 25% controller, 50% controller or 75% controller of the designated entity has, on or after the effective designation date, ceased to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( c ) a person has, on or after the effective designation date, become an indirect controller of the designated entity; or ( d ) in a case where the designated entity is a designated operating entity — a person has, on or after the effective designation date, acquired as a going concern, the designated operating entity’s business of providing any essential transport service (or any part of such business), the designated entity or trustee-manager (as the case may be) must inform the Authority in writing within 7 days after becoming aware of that fact. (2) A person who contravenes subsection (1) shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67D
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67D
title: Restrictions on voluntary winding up, etc., of designated operating entities
content:
67D. —(1) Despite any other written law — ( a ) a designated operating entity that is a corporation or limited liability partnership cannot be wound up voluntarily without the consent of the Authority; ( b ) a designated operating entity that is a partnership cannot be dissolved — (i) by a partner giving notice to the other partner or partners (as the case may be) of the partner’s intention to dissolve the partnership; or (ii) by the partners agreeing to dissolve the partnership, without the consent of the Authority; ( c ) a designated operating entity that is a business trust cannot be wound up voluntarily without the consent of the Authority; ( d ) a person must not make any application under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation, unless that person has served 14 days’ notice in writing of that person’s intention to make that application on the Authority; ( e ) no judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 may be made in relation to a designated operating entity that is a corporation without the consent of the Authority; ( f ) no interim judicial manager or judicial manager may be appointed under section 94 of the Insolvency, Restructuring and Dissolution Act 2018 in respect of a designated operating entity that is a corporation without the consent of the Authority; ( g ) a person must not take any step to enforce any security over — (i) the property of a designated operating entity; or (ii) in the case of a designated operating entity that is a business trust — the trust property of the trust, unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority; and ( h ) a person must not take any step to execute or enforce any judgment or order of court obtained against a designated operating entity unless that person has served 14 days’ notice in writing of that person’s intention to take that step on the Authority. (2) The Authority must be a party to — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to a designated operating entity that is a corporation; ( c ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of a designated operating entity that is a company or an unregistered company; ( d ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of a designated operating entity that is a limited liability partnership; and ( e ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of any designated operating entity that is an entity not mentioned in paragraph ( c ) or ( d ). (3) A court must, when deciding any proceedings mentioned in subsection (2), take into consideration any representations made by the Authority in those proceedings. [Act 20 of 2024 wef 01/04/2025] Subdivision (4) &#x2014; Remedial directions


document_id: caasa-2009
provision_ref: s67E
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67E
title: Remedial directions relating to section 66
content:
67E. —(1) Subsection (2), (3) or (4) applies if — ( a ) the Authority is satisfied that a person (called in this section a defaulter) — (i) has contravened section 66(1) or (3) or failed to comply with a condition imposed on that person under section 66(6); or (ii) has provided false or misleading information or documents in connection with an application for approval under section 66(1) or (3); or ( b ) the Authority would not have granted its approval under section 66(1) or (3) had it been aware, at the time of approval, of circumstances relevant to a defaulter’s application for such approval. (2) Where the defaulter is a 5% controller, 25% controller, 50% controller or 75% controller of the designated entity, the Authority may do any one or more of the following: ( a ) direct the defaulter to take such steps as are necessary, within the period specified by the Authority, to cease to be a 5% controller, 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( b ) direct the transfer or disposal of all or any of the equity interests in the designated entity held by the defaulter or any of the defaulter’s associates (called in this section and section 67F the section 67E(2) equity interests), within such time and subject to such conditions as the Authority considers appropriate; ( c ) restrict or prohibit the transfer or disposal of all or any of the section 67E(2) equity interests, subject to any conditions that the Authority considers appropriate; ( d ) make any other direction that the Authority considers appropriate. (3) Where, as a result of a person (called in this subsection the transferee) acquiring any equity interests from the defaulter who is a 25% controller, 50% controller or 75% controller of the designated entity (called in this section and section 67F the section 67E(3) equity interests), the defaulter ceases to be a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity, the Authority may do one or more of the following: ( a ) direct the transferee to take such steps as are necessary, within the period specified by the Authority, to cease to hold all or any of the section 67E(3) equity interests; ( b ) direct the defaulter to take such steps as are necessary within the period specified by the Authority, to resume being a 25% controller, 50% controller or 75% controller (as the case may be) of the designated entity; ( c ) direct the acquisition, transfer or disposal of all or any of the section 67E(3) equity interests within such time and subject to such conditions as the Authority considers appropriate; ( d ) restrict or prohibit the transfer or disposal of all or any of the section 67E(3) equity interests, subject to any conditions that the Authority considers appropriate; ( e ) make any other direction that the Authority considers appropriate. (4) Where the defaulter is an indirect controller of the designated entity, the Authority may do one or both of the following: ( a ) direct the defaulter, or direct the designated entity or, if the designated entity is a business trust, its trustee-manager, to take such steps as are necessary, within the period specified by the Authority, to cease to be such an indirect controller or to cause the defaulter to cease to be such an indirect controller; ( b ) make any other direction that the Authority considers appropriate. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67F
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67F
title: Effect of remedial directions issued under section 67E, etc.
content:
67F. —(1) Any direction issued to a person, and any condition imposed, under section 67E(2) or (3) take effect, despite — ( a ) any other written law; ( b ) anything in any listing rules as defined in section 2(1) of the Securities and Futures Act 2001; and ( c ) the provisions of the memorandum or articles of association, limited liability partnership agreement, partnership contract, trust deed or other constitution of the designated entity in question. (2) Without affecting subsection (1), where any direction is issued under section 67E(2) or (3), then, until the direction is carried out or is suspended or revoked — ( a ) the voting rights in respect of the section 67E(2) equity interests or section 67E(3) equity interests that are subject to the direction are not exercisable, unless the Authority expressly permits those rights to be exercised; ( b ) the voting power that the person to whom the direction is issued controls, whether alone or together with that person’s associates, in the designated entity is not exercisable, unless the Authority expressly permits that power to be exercised; ( c ) no equity interest in the designated entity is to be issued or offered (whether by way of dividends or otherwise) in respect of the section 67E(2) equity interests or section 67E(3) equity interests that are subject to the direction, unless the Authority expressly permits that issue or offer; and ( d ) no amount may be paid (whether by way of profits, income or otherwise) in respect of the section 67E(2) equity interests or section 67E(3) equity interests that are subject to the direction, unless the Authority expressly authorises such payment. (3) Subsection (2)( d ) does not apply in the event of the winding up, dissolution, termination or deregistration of the designated entity. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67G
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67G
title: Remedial directions relating to section 67
content:
67G. —(1) Subsection (2) applies where — ( a ) an individual has been appointed in contravention of section 67(1) or (2), or a person has been appointed as a manager of or becomes a partner in a designated entity in contravention of section 67(3) or (4); ( b ) any condition of approval imposed under section 67(5) has not been complied with; ( c ) any of the following persons has provided false or misleading information or documents to the Authority in connection with an application for approval under section 67(1), (2), (3) or (4): (i) a designated entity; (ii) the trustee-manager of a designated entity; (iii) the person mentioned in section 67(4); or ( d ) the Authority would not have granted its approval under section 67(1), (2), (3) or (4) had it been aware, at the time of approval, of circumstances relevant to a person’s application for such approval. (2) The Authority may issue a direction to the designated entity or trustee-manager in question (as the case may be) to do as follows (whichever is applicable): ( a ) remove the individual as the chief executive officer, the chairperson of the board of directors or a director of the designated entity or trustee-manager, as the case may be; ( b ) remove the person as a manager of or partner in the designated entity. (3) A direction issued under this section (including a direction varied under section 67I(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership, partnership contract, trust deed or other constitution, of the designated entity or trustee-manager in question. (4) Nothing in subsection (2) is to be taken as depriving a person who is removed under that subsection of compensation or damages payable to the person in respect of the termination of his or her appointment as the chief executive officer, the chairperson of the board of directors, a director, or the person’s removal as a manager or partner. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67H
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67H
title: Remedial directions relating to section 67A
content:
67H. —(1) Subsection (2) applies where — ( a ) a person has contravened section 67A(1); or ( b ) where the Authority has granted its approval under section 67A(1) — (i) any condition of approval imposed under section 67A(4) has not been complied with; (ii) either of the joint applicants mentioned in section 67A(1)( a ) or ( b ) has provided false or misleading information or documents to the Authority in connection with the application for the approval; (iii) the Authority would not have granted its approval under section 67A(1) had it been aware, at the time of approval, of circumstances relevant to the application for such approval. (2) The Authority may — ( a ) direct the person who has acquired as a going concern the business or part of the business mentioned in section 67A(1) 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; ( b ) prohibit or restrict the transfer or disposal of all or any part of the business; or ( c ) issue any other direction that the Authority considers appropriate. (3) A direction issued under this section (including a direction varied under section 67I(2)) has effect despite the provisions of any other written law or anything contained in the memorandum or articles of association, limited liability partnership, partnership contract, trust deed or other constitution, of the designated operating entity in question. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67I
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67I
title: Other provisions relating to remedial directions
content:
67I. —(1) Before issuing any direction to a person under section 67E, 67G or 67H, the Authority must — ( a ) unless the Authority decides that it is not practicable or desirable to do so, give the person written notice of the Authority’s intention to issue the direction and specify a date by which the person may make written representations with regard to the direction; and ( b ) consider every written representation from the person received on or before the specified date mentioned in paragraph ( a ). (2) The Authority may, at any time, revoke, vary or discharge, or suspend the operation of, any direction given by it under section 67E, 67G or 67H. (3) Any person who fails to comply with a direction issued by the Authority under section 67E, 67G or 67H (including a direction that is varied under subsection (2)) within the period specified by the Authority shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025] Subdivision (5) &#x2014; Business continuity


document_id: caasa-2009
provision_ref: s67J
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67J
title: Business continuity of designated operating entities
content:
67J. —(1) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee-manager, must — ( a ) maintain at all times a plan of action (called in this section a business continuity plan) that sets out — (i) the procedures and establishes the systems necessary to restore the reliable and secure provision of any essential transport service provided by or through the entity in the event of any disruption to the operations of the designated operating entity carried out in the course of providing the essential transport service; and (ii) such other matters as the Authority may specify; and ( b ) submit a copy of the business continuity plan to the Authority for the Authority’s approval within such time specified by the Authority. (2) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee-manager, must review the business continuity plan — ( a ) at such frequency as the Authority may specify; or ( b ) in the absence of any specification by the Authority under paragraph ( a ) — once every 5 years. (3) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee-manager, must as soon as practicable notify the Authority of any activation of its business continuity plan and of any action taken or intended to be taken to restore the reliable and secure provision of any essential transport service provided by or through the entity. (4) A designated operating entity or, in the case of a designated operating entity that is a business trust, its trustee-manager, must within 14 days or any longer period that may be permitted by the Authority, inform the Authority of any material change to the business continuity plan and must submit a copy of the new or amended business continuity plan for the Authority’s approval. (5) Any person who contravenes subsection (1), (2), (3) or (4) 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 12 months or to both. [Act 20 of 2024 wef 01/04/2025] Subdivision (6) &#x2014; Appeals under this Division


document_id: caasa-2009
provision_ref: s67K
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67K
title: Appeal to Minister
content:
67K. —(1) Any person who is aggrieved by a decision of the Authority — ( a ) to designate an entity under section 64; ( b ) to refuse to grant an approval required under section 66, 67 or 67A; ( c ) to impose, add to or vary any condition under section 66, 67 or 67A; or ( d ) to issue a direction under section 67E, 67G or 67H or to vary a direction under section 67I(2), may, within 14 days after being informed of the decision, appeal to the Minister whose decision is final. (2) Despite the fact that any appeal under subsection (1)( c ) is pending in relation to any direction under section 67E, 67G or 67H or any variation of a direction under section 67I(2), that direction or that direction as varied takes effect from the date specified by the Authority, unless the Minister otherwise directs. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s67L
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67L
title: Designation of others to hear appeals under this Division
content:
67L. The Minister may designate any Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary for his or her Ministry, to hear and determine, in the Minister’s place, any appeals or a specific appeal under section 67K; and any reference in that section to the Minister includes a reference to the Minister of State, Senior Minister of State, Parliamentary Secretary or Senior Parliamentary Secretary so designated for that appeal. [Act 20 of 2024 wef 01/04/2025] Subdivision (7) &#x2014; Penalties


document_id: caasa-2009
provision_ref: s67M
chapter: PART 4 - LICENSING AND MANAGEMENT OF AIRPORTS
section: 67M
title: Penalties under this Division
content:
67M. A person guilty of an offence under this Division (except the offence under section 67J(5)) shall be liable on conviction — ( a ) 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 of a day during which the offence continues after conviction; or ( b ) 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 of a day during which the offence continues after conviction. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s68
chapter: PART 6 - AIRPORT OPERATIONS
section: 68
title: By-laws
content:
68. —(1) An airport licensee or exempt airport operator for an airport may, from time to time, after consulting the Authority and with the approval of the Minister, make by-laws in relation to the airport it is licensed to operate. (2) By-laws under this section may be made for any one or more of the following purposes in relation to an airport: ( a ) providing for the proper management, operation, supervision, safety and security of the airport; ( b ) securing the safety of, and preventing injury and damage to, aircraft, vehicles and persons using or within the airport, including — (i) measures (which may involve the use of reasonable force) to extinguish and prevent the spread of fire or for protecting life and property in case of fire; and (ii) measures that restrict entry into, egress from, or movement or conduct in any particular part of the airport; ( c ) providing for the restriction and control of any activity or the provision of services in the airport; ( d ) providing for matters relating to airport or airside operations (including procedures relating to the fuelling of aircraft, the operation of equipment and vehicles, the handling of baggage and the servicing of and access to aircraft and related matters); ( e ) providing for matters relating to cargo operations (including procedures relating to flammable or dangerous substances, restriction on loads and related matters); ( f ) defining the duties of persons in command or control of any aircraft for the time being on the ground in an airport; ( g ) providing for the issuance of any permit or pass authorising the entry or admission of persons and vehicles into the airport (including procedures relating to the renewal, suspension, cancellation, surrender and loss of any such permit and pass and prescribing the fees therefor and related matters); ( h ) specifying the routes to be used by aircraft and vehicles; ( i ) the prohibition or restriction and control of the use of specified roads within the airport (except roads within the airport to which the Road Traffic Act 1961 applies) by persons or vehicles generally or during particular hours or at particular times or in particular circumstances; ( j ) regulating vehicular traffic generally on those roads including speed of traffic; ( k ) prohibiting the keeping or leaving of any vehicles stationary in any place in the airport for a purpose not permitted or not in accordance with the conditions (if any) prescribed by the by‑laws; ( l ) providing for the fixing and removal of an immobilisation device to any vehicle which has been unlawfully parked in any place in the airport and specifying the conditions, including payment of fees, for the removal of those immobilisation devices; ( m ) providing for the safe custody and re-delivery or disposal by the airport licensee or exempt airport operator of any property found in the airport or in any aircraft or vehicle therein, the fixing of the charges payable to the airport licensee or exempt airport operator in respect of the safe custody or re-delivery, and the application, if any such property is disposed of by being sold, of the moneys arising from the sale; ( n ) regulating the admission and exclusion from the airport of persons, animals or vehicles; ( o ) prohibiting trespassing on the airport by persons, vehicles or animals; ( p ) regulating the formation of queues of persons and vehicles within, or seeking admission to, the airport; ( q ) preserving order and good conduct in the airport; ( r ) preventing nuisances in the airport; ( s ) prescribing fees and charges for the use of the airport, or for any airport services and facilities provided by the airport licensee or exempt airport operator. [18/2018] (3) In making any by‑law under this section, the airport licensee or exempt airport operator for an airport may — ( a ) define, in such manner as it thinks proper, what constitutes, for the purposes of any provision of the by‑laws, a class of persons or vehicles; ( b ) make different provisions in relation to different parts of the airport; ( c ) make different provisions in relation to different classes of persons to whom the by‑laws apply; ( d ) make different provisions in relation to different classes of vehicles to which the by‑laws apply; and ( e ) exclude from the application of the by‑laws any particular class of persons or vehicles specified in the by‑laws. (4) A person who contravenes a by‑law made under this section shall be guilty of an offence and shall be liable on conviction to a fine which may extend to $2,000, and a police officer may use such force as is reasonable and necessary to arrest and detain the person for the purpose of removing the person from or preventing the person’s entry or re‑entry to the airport concerned, or to remove the person from the airport concerned. (5) Where any vehicle is parked in contravention of any by-law, or any vehicle or other property appears to have been abandoned within the airport, and the airport licensee or exempt airport operator authorised to operate that airport has incurred any expenses in removing or detaining the vehicle or property, all such expenses reasonably incurred by the airport licensee or exempt airport operator in removing and detaining any such vehicle or property are recoverable in a court of competent jurisdiction from the owner of the vehicle or property (as the case may be) as if the expenses were a debt due to the airport licensee or exempt airport operator, as the case may be. (6) All by‑laws made under this section must be published in the Gazette , and the cost of such publication must be borne by the airport licensee or exempt airport operator by which the by‑laws were made. (7) All by‑laws made under this section must be displayed prominently at the airport, in respect of which the by‑laws are made, in such manner as the airport licensee or exempt airport operator which made them considers best adapted for giving information to the public. (8) No by-law made under this section is to be inconsistent with any law for the time being in force in Singapore and any such by‑law which is so inconsistent is void to the extent of that inconsistency. (9) In addition to subsection (8), no by-law made under this section is binding on the Authority to the extent (if any) to which the by-law would impede or affect the performance by the Authority or any of its employees of any function or duty or the exercise of any power conferred on the Authority or its employees under any other provision of this Act or the Air Navigation Act 1966 or any subsidiary legislation made under either Act. [18/2018]


document_id: caasa-2009
provision_ref: s68A
chapter: PART 6 - AIRPORT OPERATIONS
section: 68A
title: Powers to ensure compliance with by-laws, etc.
content:
68A. —(1) An authorised airport employee of an airport licensee or exempt airport operator for an airport may by written notice require any person using or who has used, or within, the airport (called a person of interest) to provide, within a reasonable period and in the form and manner specified in the notice, any documents or information which — ( a ) relate to any matter which the airport licensee, exempt airport operator or authorised airport employee (as the case may be) considers necessary for an enforcement purpose concerning that airport; and ( b ) are within the knowledge, or in or under the custody or control, of the person of interest. [18/2018] (2) The power to require a person of interest to provide any document or information under subsection (1) includes the power — ( a ) to require the person of interest, or any individual who is or was an officer, agent or employee of the person of interest, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require the person of interest, or that individual mentioned in paragraph ( a ), to state, to the best of the knowledge and belief of that person or individual, where the document or information is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the airport licensee, exempt airport operator or authorised airport employee (as the case may be) in legible form. [18/2018] (3) An authorised airport employee is entitled without payment to keep any document or information, or any copy or extract thereof, provided to him or her under subsection (1). [18/2018] (4) For an enforcement purpose concerning an airport, an authorised airport employee of an airport licensee or exempt airport operator (as the case may be) for the airport is entitled, at all reasonable times — ( a ) to full and free access to any place or aircraft within the airport; ( b ) to examine or observe any activity conducted in or on the place or aircraft; ( c ) to inspect and examine any thing in or on the place or aircraft; ( d ) to make any still or moving image or any recording of the place or any thing in or on the place or aircraft; ( e ) to inspect any document in the place or aircraft and make copies of, or take extracts from, any such document; ( f ) to take onto the place or aircraft such equipment and materials as the authorised airport employee requires for the purpose of exercising powers in this subsection in relation to the place or aircraft; ( g ) to operate electronic equipment in or on the place or aircraft; and ( h ) to require any individual found in the place or aircraft to answer, or to attend before the authorised airport employee to answer, any question (to the best of that individual’s knowledge, information and belief) and to provide any document or information. [18/2018] (5) The power under subsection (4)( g ) to operate electronic equipment in or on any place or aircraft includes — ( a ) the power to use a disk, tape or other storage device that is in or on the place or aircraft and can be used with the equipment or in association with the equipment; ( b ) the power to operate electronic equipment in or on the place or aircraft to put the relevant data in documentary form and remove the documents so produced from the place or aircraft; and ( c ) the power to operate electronic equipment in or on the place or aircraft to transfer the relevant data to a disk, tape or other storage device that — (i) is brought to the place or aircraft for the exercise of the power; or (ii) is in or on the place or aircraft and the use of which for that purpose has been agreed in writing by the occupier of the place or aircraft, and remove the disk, tape or other storage device from that place or aircraft. [18/2018] (6) Any statement made by any individual in answer to a question under subsection (4)( h ) must — ( a ) be reduced to writing; ( b ) be read over to the individual; ( c ) if the individual does not understand English, be interpreted in a language that the individual understands; and ( d ) after correction (if necessary) be signed by that individual. [18/2018] (7) An individual or a person — ( a ) who intentionally alters, suppresses or destroys any document or information which the individual or person has been required by a notice under subsection (1) or under subsection (4)( h ) to provide; or ( b ) who, in providing any document or information required under subsection (1) or (4)( h ) makes any statement which the individual or person knows or ought reasonably to know that, or is reckless as to whether, it is false or misleading in a material particular, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. [18/2018] (8) An individual or a person who, without reasonable excuse, fails to do anything required of the individual or person by notice under subsection (1) or (4)( h ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both. [18/2018] (9) However, an individual or a person is not subject to a requirement under subsection (1) or (4)( h ) if — ( a ) the individual or person does not possess the document or information required; or ( b ) the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and is unable to obtain it. [18/2018] (10) To avoid doubt, for the purposes of subsection (8), it is a reasonable excuse for an individual or a person to refuse or fail to provide any information, produce any document or answer any question if doing so might tend to incriminate that individual or person. [18/2018] (11) In this section — “authorised airport employee”, for an airport, means — ( a ) an employee of an airport licensee for the airport who is authorised by the Authority to exercise a power under this section in connection with an enforcement purpose relating to that airport; or ( b ) an employee of an exempt airport operator for the airport who is authorised by the Authority to exercise a power under this section in connection with an enforcement purpose relating to that airport; “enforcement purpose”, in relation to an airport, means — ( a ) determining whether the provisions of the by-laws made under section 68 in relation to the airport, or any conditions imposed on any approval or permission granted under those by‑laws, are being complied with; ( b ) investigating any offence under the provisions of the by‑laws made under section 68 in relation to the airport; or ( c ) determining whether information provided to the airport licensee or exempt airport operator for the airport under a provision of the by-laws made under section 68 in relation to the airport is correct. [18/2018]


document_id: caasa-2009
provision_ref: s69
chapter: PART 6 - AIRPORT OPERATIONS
section: 69
title: Relocation of abandoned aircraft, etc.
content:
69. —(1) If — ( a ) an aircraft at an airport is — (i) in a state of disrepair; and (ii) interfering, or is likely to interfere, with the operation of the airport; or ( b ) an aircraft at an airport is apparently abandoned, the airport licensee or exempt airport operator for the airport may, with the approval of the Authority, cause the aircraft to be moved to another part of the airport, so long as that movement is carried out with reasonable care. [18/2018] (2) No person shall be liable to an action or other proceeding, whether civil or criminal, for or in relation to an act done in accordance with subsection (1). (3) Subsection (1) does not limit, restrict or otherwise affect any right or remedy the airport licensee or exempt airport operator would have if this section had not been enacted. (4) Where the airport licensee or exempt airport operator for an airport has incurred any expenses in removing any aircraft under this section, all such expenses reasonably incurred by the airport licensee or exempt airport operator in removing any such aircraft are recoverable in a court of competent jurisdiction from the owner of the aircraft as if the expenses were a debt due to the airport licensee or exempt airport operator, as the case may be. (5) In this section, “aircraft” includes an object that was designed or adapted for use as an aircraft but is incapable of being so used because one or more parts have been removed from it, or it is in a wrecked or damaged condition.


document_id: caasa-2009
provision_ref: s69A
chapter: PART 6 - AIRPORT OPERATIONS
section: 69A
title: Disposal of unclaimed aircraft, vehicle, etc.
content:
69A. —(1) An aircraft or a vehicle, or an article or a thing, which is moved — ( a ) by an airport licensee or exempt airport operator for an airport, or an authorised airport employee, under the by‑laws made under section 68 for the airport; or ( b ) with the approval of the Authority, by an airport licensee or exempt airport operator for an airport under section 69, must be detained in a holding area until the aircraft or vehicle, or article or thing, is released by order of the airport licensee or exempt airport operator concerned, or is sold or disposed of in accordance with this section. [18/2018] (2) Subject to subsection (9), where an aircraft or a vehicle, or an article or a thing, is moved to a holding area under subsection (1), it becomes unclaimed if, at the end of the prescribed period starting after the day on which the aircraft, vehicle, article or thing was so moved — ( a ) there is no person who appears, to the satisfaction of the airport licensee or exempt airport operator concerned, to be the owner of the aircraft, vehicle, article or thing, as the case may be; or ( b ) there is such a person but that person — (i) has not been located after reasonable inquiry by the airport licensee or exempt airport operator concerned; or (ii) has not exercised the person’s right to recover the aircraft, vehicle, article or thing by a claim. [18/2018] (3) Where an aircraft or a vehicle, or an article or a thing, which is moved to a holding area under subsection (1) becomes unclaimed, an authorised airport employee of an airport licensee or exempt airport operator duly authorised for this purpose may, subject to subsection (9) and after giving notice in accordance with subsection (4) of his, her or its intention to do so and, in the case of an aircraft, with the approval of the Authority — ( a ) sell the aircraft, vehicle, article or thing (as the case may be) and any uncollected item left in or on the aircraft, vehicle, article or thing, as prescribed by regulations; or ( b ) destroy or otherwise dispose of the aircraft, vehicle, article or thing and any uncollected item left in or on the aircraft, vehicle, article or thing, as prescribed by regulations. [18/2018] (4) The notice required by subsection (3) is given — ( a ) by publishing a notice of the sale or disposal in the Gazette at least one month before taking any action under that subsection; and ( b ) in the case of an aircraft, by taking other reasonable steps to give at least one month’s notice of the sale or disposal to the persons mentioned in section 92(3)( a ), ( b ) and ( c ). [18/2018] (5) The proceeds of a sale or disposal under this section of any aircraft, and any uncollected item left in or on an aircraft, under subsection (3), must be applied successively as follows: ( a ) firstly, in the discharge of any levy under Part 9 if a statutory lien on the aircraft is in effect at the time of sale or disposal; ( b ) secondly, in the discharge of services charges, penalties and interest under Part 9 in the order in which they became payable; ( c ) thirdly, in payment of the expenses occasioned by the sale or disposal; ( d ) fourthly, in payment of storage or other expenses incurred respectively by the Authority and the airport licensee or exempt airport operator (as the case may be) in relation to the aircraft; ( e ) lastly, by payment of the balance to the airport licensee or exempt airport operator, as the case may be. [18/2018] (6) The proceeds of a sale or disposal under this section of any vehicle, article or thing, and any uncollected item left in or on the vehicle, article or thing, under subsection (3) must be applied successively as follows: ( a ) firstly, in payment of the expenses occasioned by the sale or disposal; ( b ) secondly, in payment of storage or other expenses incurred respectively by the Authority and the airport licensee or exempt airport operator (as the case may be) in relation to the vehicle, article, item or thing; ( c ) thirdly, in payment of all unpaid parking fees or other similar charges in relation to the vehicle, article, item or thing; ( d ) lastly, by payment of the balance to the airport licensee or exempt airport operator, as the case may be. [18/2018] (7) A purchaser of an aircraft or a vehicle, or an article, item or a thing sold in accordance with subsection (3) acquires good title to that aircraft, vehicle, article, item or thing, and the Authority may execute all documents necessary for effecting the sale or disposal of the aircraft, vehicle, article, item or thing, as the case may be. [18/2018] (8) Any person who, without the permission of an airport licensee or exempt airport operator (as the case may be), removes or causes to be removed from a holding area — ( a ) an aircraft, a vehicle, an article or a thing moved to the holding area under the circumstances in subsection (1) by the airport licensee or exempt airport operator; or ( b ) any uncollected item left in or on such an aircraft, vehicle, article or thing, 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 3 months or to both. [18/2018] (9) This section — ( a ) does not authorise the moving, detention and sale or disposal of any aircraft, vehicle, article, item or thing belonging to the Government or the Authority; and ( b ) does not limit the operation of section 44 of the Air Navigation Act 1966 or the High Court (Admiralty Jurisdiction) Act 1961. [18/2018] (10) In this section, “authorised airport employee”, for an airport, means — ( a ) an employee of an airport licensee for the airport who is authorised by the airport licensee to exercise a power under this section in connection with that airport; or ( b ) an employee of an exempt airport operator for the airport who is authorised by the exempt airport operator to exercise a power under this section in connection with that airport. [18/2018]


document_id: caasa-2009
provision_ref: s70
chapter: PART 6 - AIRPORT OPERATIONS
section: 70
title: Access to airport for defence-related purposes, etc.
content:
70. —(1) The Minister may, by written direction given to an airport licensee or exempt airport operator for an airport — ( a ) require that access be given to specified kinds of airport service for specified kinds of defence-related purposes, or for the conduct of specified kinds of public events of national significance; or ( b ) require that priority of access be given to specified kinds of airport service for specified kinds of defence-related purposes, or for the conduct of specified kinds of public events of national significance. (2) The manner in which that access, or priority of access, is to be given must be set out in the direction under subsection (1). (3) Subject to section 71, the terms and conditions on which that access, or priority of access, is to be given must be set out in the direction under subsection (1). (4) Every direction under subsection (1) must specify the Ministry, department or public authority in relation to that direction. (5) An airport licensee or exempt airport operator must comply with every direction given to it under subsection (1). (6) In this section — “airport service” means a service provided at an airport, where the service is necessary for the purposes of operating and maintaining civil aviation services at the airport, and includes the use of facilities at the airport for those purposes; “defence-related purposes” means a purpose related to any of the following: ( a ) the defence of Singapore; ( b ) the operation of the Singapore Armed Forces in connection with the defence of Singapore; ( c ) the operation of aircraft owned by the armed forces of a foreign country, where that operation is in accordance with an arrangement approved by the Singapore Armed Forces; ( d ) the management of an emergency or a disaster (whether natural or otherwise), where that management involves the Singapore Armed Forces.


document_id: caasa-2009
provision_ref: s71
chapter: PART 6 - AIRPORT OPERATIONS
section: 71
title: Compensation for access to airport for defence-related purposes, etc.
content:
71. —(1) If — ( a ) a direction under section 70(1) is given to an airport licensee or exempt airport operator for an airport; and ( b ) any person specified in any of the following sub-paragraphs suffers loss or damage in consequence of the giving of access, or the giving of priority of access, in accordance with the direction: (i) an airport licensee or exempt airport operator for the airport; (ii) a person who is a lessee of the airport licensee or exempt airport operator concerned, the Government is liable to pay to the person an amount equal to the loss of or damage to property suffered as a direct result of the giving of access, or the giving of priority of access, in accordance with the direction. (2) If any person specified in subsection (1)( b ) and the Ministry, department or public authority designated in the direction under section 70(1) do not agree on the amount of loss or damage mentioned in subsection (1), the person may recover the amount of the loss or damage by action against the Government in a court of competent jurisdiction. (3) In determining the amount of any loss or damage mentioned in subsection (1), regard must be had to anything done in mitigation of the loss or damage (including any remedial work). (4) A payment under subsection (1) or (2) must be made out of amounts appropriated by Parliament for the purposes of the Ministry, department or public authority designated in the direction.


document_id: caasa-2009
provision_ref: s71A
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71A
title: Purpose of this Part
content:
71A. This Part provides for limits on aircraft flight operations at any coordinated airport or schedules facilitated airport in Singapore to allow for optimal use of airport capacity. [18/2018]


document_id: caasa-2009
provision_ref: s71B
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71B
title: Interpretation of this Part
content:
71B. In this Part — “aircraft flight operation”, for an aircraft, means — ( a ) the landing of the aircraft on a runway; ( b ) the taking-off of the aircraft on a runway; and ( c ) the use of the full range of airport infrastructure (such as the runway, terminal, apron and gate) necessary for the purpose of paragraph ( a ) or ( b ) and in connection with operating the aircraft; “operator of an aircraft” means the person who, when an aircraft flight operation involving an aircraft occurs, is — ( a ) if the aircraft is under a lease at the time of the operation, the lessee of the aircraft; or ( b ) in any other case, the owner of the aircraft; “slot” means the permission to use the full range of airport infrastructure (such as the runway, terminal, apron and gate) necessary for any aircraft flight operation at a coordinated airport on a specific date and at a specific time; “slots committee”, for a coordinated airport, means a committee established under the slots management scheme for the coordinated airport to advise the slots coordinator for that airport about the capacity of the airport, such as the opportunities to increase the airport’s capacity, coordination parameters and methods of monitoring compliance with slots allocation; “slots management scheme” means the scheme set out in regulations made under section 71G for a coordinated airport, and includes that scheme as amended from time to time. [18/2018]


document_id: caasa-2009
provision_ref: s71C
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71C
title: Coordinated airport and schedules facilitated airport
content:
71C. —(1) The Minister may, after consulting the Authority, declare an airport as — ( a ) a coordinated airport if the Minister is satisfied that the airport capacity at the airport is scarce and the establishment of a slots management scheme is necessary or expedient to allow for optimal use of airport capacity; or ( b ) a schedules facilitated airport if the Minister is of the opinion that measures under this Part are necessary to ensure that available capacity for aircraft flight operations at the airport is used efficiently. [18/2018] (2) Once such a declaration is made under subsection (1), the Minister must, within 7 days after the making of the declaration and before the date the declaration comes into force, cause to be published a notice of the making of the declaration, describing briefly the coordinated airport or schedules facilitated airport (as the case may be) in such manner as will secure adequate publicity for the declaration. [18/2018] (3) However, failure to publish a notice under subsection (2) in respect of any declaration by the Minister does not invalidate the declaration. [18/2018]


document_id: caasa-2009
provision_ref: s71D
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71D
title: Appointment of slots coordinator and schedules facilitator
content:
71D. —(1) Subject to subsection (2), the Authority may appoint a person as — ( a ) the slots coordinator for a coordinated airport; or ( b ) the schedules facilitator for a schedules facilitated airport. [18/2018] (2) The Authority may act as the slots coordinator for a coordinated airport, or as the schedules facilitator for a schedules facilitated airport, if no such person is appointed for that airport under subsection (1). [18/2018] (3) An appointment under subsection (1) of a person as a slots coordinator for a coordinated airport, or a schedules facilitator for a schedules facilitated airport, continues unless and until the Authority decides that the appointment must end and written notice of that end is served on the slots coordinator or schedules facilitator (as the case may be) for that airport. [18/2018] (4) In giving written notice under subsection (3), the Authority need not give any person who may be affected by the written notice a chance to be heard before giving the notice. [18/2018]


document_id: caasa-2009
provision_ref: s71E
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71E
title: No unauthorised slots coordinator and schedules facilitator
content:
71E. —(1) A person other than the Authority must not act as a slots coordinator for a coordinated airport, or as a schedules facilitator for a schedules facilitated airport, unless the person — ( a ) is appointed under section 71D(1)( a ) as a slots coordinator for the coordinated airport; or ( b ) is appointed under section 71D(1)( b ) as a schedules facilitator for the schedules facilitated airport, as the case may be. [18/2018] (2) A person who contravenes subsection (1) shall be guilty of an offence. [18/2018]


document_id: caasa-2009
provision_ref: s71F
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71F
title: Information gathering by slots coordinator and schedules facilitator
content:
71F. —(1) A slots coordinator for a coordinated airport may, by written notice, require all or any of the following persons to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information relating to any matter which the slots coordinator considers necessary to carry out the functions or duties of or assigned to it by or under this Part and the slots management scheme for the airport: ( a ) any operator of aircraft at the coordinated airport; ( b ) the airport licensee of that airport. [18/2018] (2) A schedules facilitator for a schedules facilitated airport may, by written notice, require all or any of the following persons to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information relating to any matter which the schedules facilitator considers necessary to carry out the functions or duties of or assigned to it by or under this Part: ( a ) any operator of aircraft at the schedules facilitated airport; ( b ) the airport licensee of that airport. [18/2018] (3) However, an individual or person is not subject to a requirement under subsection (1) or (2) to provide documents or information if — ( a ) the individual or person does not possess the document or information required; or ( b ) the individual or person has taken all reasonable steps available to the individual or person to obtain the document or information required and is unable to obtain it. [18/2018] Division 2 &#x2014; Coordinated airports


document_id: caasa-2009
provision_ref: s71G
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71G
title: Slots management scheme
content:
71G. —(1) The Authority, with the approval of the Minister, must establish, by regulations in the Gazette , a slots management scheme for each coordinated airport where, in order to land or take off, during the periods for which the airport is a coordinated airport, it is necessary for an operator of an aircraft to have a slot allocated by a slots coordinator. [18/2018] (2) A slots management scheme for a coordinated airport — ( a ) may prescribe the disqualifications to be appointed as a slots coordinator for the coordinated airport; ( b ) must provide for the allocation of slots by the slots coordinator for aircraft landing at or taking off from the coordinated airport, and the conditions that may be imposed on the slots relating to aircraft flight operations at that airport; ( c ) may provide for the cancellation, suspension or variation of allocated slots by the slots coordinator, and the circumstances for doing so other than the circumstances in section 71J; ( d ) may specify the circumstances (generally or specially) under which the full range of airport infrastructure necessary for any aircraft flight operation at the airport may be used or take place regardless of slots allocation; ( e ) must provide for the establishment of a slots committee (the composition of which may include representatives of providers of air navigation services at the airport, the airport licensee of that airport and other aviation industry participants) and for the functions of the slots committee; ( f ) must provide for the reconsideration by the slots coordinator of decisions mentioned in paragraph ( b ), ( c ) or ( d ) made by the slots coordinator, and for appeals against any of these decisions to a slots committee; ( g ) may provide for the saving and transitional arrangements because of changes to the scheme; and ( h ) may provide for any other matters necessary or incidental to the establishment or operation of such a scheme. [18/2018] (3) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [18/2018]


document_id: caasa-2009
provision_ref: s71H
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71H
title: Effect of slots allocation
content:
71H. —(1) A slot allocated under a slots management scheme for a coordinated airport permits a specified aircraft flight operation to take place at the coordinated airport at a specified time on a specified day. [18/2018] (2) A slot allocated under a slots management scheme for a coordinated airport — ( a ) is not transferable; and ( b ) does not create rights or obligations that are enforceable against any person. [18/2018] (3) To avoid doubt, the allocation of a slot for an aircraft flight operation under a slots management scheme does not limit the application of any other requirement or restriction to, or in relation to, aircraft flight operations by or under this Act, the Air Navigation Act 1966 or any other written law. [18/2018]


document_id: caasa-2009
provision_ref: s71I
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71I
title: Directions by slots coordinator
content:
71I. —(1) Subject to subsection (3), a slots coordinator for a coordinated airport may give written directions for the purpose of securing compliance by an operator of an aircraft at the coordinated airport to cause or allow its aircraft to arrive at or leave the coordinated airport in accordance with a slot allocated under the slots management scheme established for that airport. [18/2018] (2) A written direction may be given under subsection (1) to all or any of the following persons: ( a ) an operator of aircraft at the coordinated airport; ( b ) the airport licensee of that airport. [18/2018] (3) A written direction may be given under subsection (1) in relation to a coordinated airport only — ( a ) in the case of a direction given to the airport licensee of the coordinated airport, after the slots coordinator has first consulted the airport licensee; and ( b ) if the direction does not relate to an air traffic service required by an aircraft arriving at that airport or a departing aircraft which has started push back from its stand. [18/2018] (4) A person to whom a written direction is given under subsection (1) in relation to a coordinated airport must comply with the direction. [18/2018] (5) However, a person is not subject to a requirement under subsection (4) to comply with a written direction given under subsection (1) to the person if in that person’s reasonable opinion, compliance — ( a ) is or is likely to be inconsistent with any other requirement under any other written law, including a requirement under the by-laws made under section 68; or ( b ) is prejudicial to, or is likely to prejudice, aviation safety. [18/2018]


document_id: caasa-2009
provision_ref: s71J
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71J
title: Sanctions for non-compliance with slots allocation, etc.
content:
71J. —(1) If the slots coordinator for a coordinated airport is satisfied, on a balance of probabilities, that an operator of aircraft at the airport — ( a ) has repeatedly or intentionally caused or allowed aircraft flight operations involving its aircraft to take place at the coordinated airport — (i) at times different from the slot allocated for the aircraft to arrive at or leave that airport; and (ii) in circumstances which are not circumstances prescribed in the slots management scheme for that airport where aircraft flight operations do not have to be in accordance with allocated slots; ( b ) has repeatedly or intentionally used slots allocated for aircraft flight operations involving its aircraft — (i) in a different way from that indicated at the time of the allocation of the slot; and (ii) in circumstances which are not circumstances prescribed in the slots management scheme for that airport where aircraft flight operations do not have to be in accordance with allocated slots; ( c ) has — (i) failed to comply, without reasonable excuse, with the requirement for documents or information made by the slots coordinator under section 71F(1); or (ii) in response to the requirement under section 71F(1), given a document or information that is false in a material particular; or ( d ) has failed to comply with section 71I(4), the slots coordinator may, after giving the operator concerned a reasonable opportunity to be heard, by written notice impose a sanction mentioned in subsection (2) on that operator of aircraft. [18/2018] (2) The sanction which may be imposed under subsection (1) by a slots coordinator for a coordinated airport are all or any of the following: ( a ) cancel with effect from a date and time specified any slot allocated to the operator of aircraft in respect of that airport; ( b ) suspend with effect from a date and time specified any slot allocated to the operator of aircraft in respect of that airport; ( c ) with the approval of the Authority, order the operator of aircraft to pay a pecuniary penalty to the slots coordinator for the default in subsection (1)( a ), ( b ), ( c ) or ( d ), within a time specified. [18/2018] (3) In deciding the sanction for a default in subsection (1)( a ), ( b ), ( c ) or ( d ) by an operator of aircraft with respect to a coordinated airport, the slots coordinator for the coordinated airport must have regard to the following matters: ( a ) the nature and extent of the default; ( b ) the nature and extent of any loss or damage suffered by other operators of aircraft at that coordinated airport, and any other person, as a result of the default; ( c ) the circumstances in which the default took place; ( d ) whether the operator has previously been found to have defaulted similarly in Singapore, whether or not at that same airport. [18/2018] (4) The slots coordinator for a coordinated airport may also have regard to any other matters it considers relevant in making a decision under subsection (1). [18/2018] (5) However, a pecuniary penalty in respect of any default in subsection (1)( a ), ( b ), ( c ) or ( d ) by an operator of aircraft must not exceed $100,000 for each such default. [18/2018] (6) In granting approval under subsection (2)( c ), the Authority need not give any person who may be affected by the decision a chance to be heard before granting approval. [18/2018] Division 3 &#x2014; Schedules facilitated airports


document_id: caasa-2009
provision_ref: s71K
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71K
title: Sanctions for schedules facilitated airport
content:
71K. —(1) If the schedules facilitator for a schedules facilitated airport is satisfied, on a balance of probabilities, that an operator of aircraft at the airport — ( a ) has failed to comply, without reasonable excuse, with the requirement for documents or information made by the schedules facilitator under section 71F(2); or ( b ) has, in response to the requirement under section 71F(2), given a document or information that is false in a material particular, the schedules facilitator may, after giving the operator concerned a reasonable opportunity to be heard, by written notice, and with the approval of the Authority, order the operator of aircraft to pay a pecuniary penalty to the schedules facilitator for the default in paragraph ( a ) or ( b ), within a time specified. [18/2018] (2) In deciding the sanction for a default in subsection (1)( a ) or ( b ) by an operator of aircraft with respect to a schedules facilitated airport, the schedules facilitator for the airport must have regard to the following matters: ( a ) the nature and extent of the default; ( b ) the circumstances in which the default took place; ( c ) whether the operator has previously been found to have defaulted similarly in Singapore, whether or not at that same airport. [18/2018] (3) The schedules facilitator for a schedules facilitated airport may also have regard to any other matters it considers relevant in making a decision under subsection (1). [18/2018] (4) However, a pecuniary penalty in respect of any default in subsection (1)( a ) or ( b ) by an operator of aircraft must not exceed $100,000 for each such default. [18/2018] (5) In granting approval under subsection (1), the Authority need not give any person who may be affected by the decision a chance to be heard before granting approval. [18/2018] Division 4 &#x2014; Appeals and enforcement of sanctions


document_id: caasa-2009
provision_ref: s71L
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71L
title: Appeal against sanctions
content:
71L. —(1) Any operator of aircraft against whom a sanction is imposed under section 71J or 71K may, if aggrieved by that decision of the slots coordinator or schedules facilitator (as the case may be), appeal — ( a ) to the Minister — (i) against a sanction which is a pecuniary penalty imposed by a slots coordinator or schedules facilitator appointed under section 71D(1); or (ii) against any decision by the Authority acting as a slots coordinator or schedules facilitator; or ( b ) to the Authority against any other sanction imposed by a slots coordinator appointed under section 71D(1). [18/2018] (2) Every appeal under this section must be made within the time and in the manner prescribed. [18/2018] (3) A sanction under section 71J or 71K takes effect despite any appeal against the sanction, and remains in effect until the sanction is reversed on appeal. [18/2018] (4) The Minister or Authority (as the case may be) may determine an appeal against a sanction imposed under section 71J or 71K — ( a ) by confirming the sanction; or ( b ) by reversing the sanction in question and referring that decision to the slots coordinator or schedules facilitator (as the case may be) for another decision under section 71J or 71K. [18/2018] (5) The Minister’s decision or Authority’s decision (as the case may be) on an appeal under this section is final. [18/2018]


document_id: caasa-2009
provision_ref: s71M
chapter: PART 6A - AIRPORT CAPACITY MANAGEMENT
section: 71M
title: Recovery of pecuniary penalty, etc.
content:
71M. —(1) If any pecuniary penalty imposed under section 71J or 71K is not paid in full by the due date for payment, interest at the prescribed rate is payable by the operator of aircraft concerned on the outstanding amount of the pecuniary penalty. [18/2018] (2) The slots coordinator or schedules facilitator (as the case may be), or the Authority if no slots coordinator or schedules facilitator is appointed under section 71D(1), may recover, as a Government debt, in a court of competent jurisdiction any of the following amounts that has become due and payable but has not been paid: ( a ) any pecuniary penalty imposed under section 71J or 71K; ( b ) any interest imposed under subsection (1) or any part thereof, and the liability to pay is not affected by an operator of aircraft ceasing (for any reason) to operate its aircraft at the coordinated airport or schedules facilitated airport concerned or being an operator of aircraft. [18/2018] (3) All pecuniary penalties imposed under section 71J or 71K, and any interest imposed under subsection (1), must be paid into the Consolidated Fund. [18/2018]


document_id: caasa-2009
provision_ref: s72
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 72
title: Interpretation of this Part
content:
72. —(1) In this Part — “business trust”, “trustee-manager”, “unit” and “unitholder” have the meanings given by section 2 of the Business Trusts Act 2004; “Class 1 designated operating entity” and “Class 2 designated operating entity” have the meanings given by section 56A(1); “corporation” has the meaning given by section 4(1) of the Companies Act 1967; “designated business trust” has the meaning given by section 56A(1); “effective designation date”, in relation to a Class 2 designated operating entity, means the date specified under section 64(3) as the date on which the designation of that entity as a designated operating entity takes effect; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “relevant entity” means — ( a ) an airport licensee or a designated business trust; or ( b ) a Class 2 designated operating entity; “unregistered company” has the meaning given by section 245(1) of the Insolvency, Restructuring and Dissolution Act 2018. (2) In this Part — ( a ) to avoid doubt, a reference to an airport licensee or a designated business trust includes one that is also a Class 1 designated operating entity; ( b ) a reference to the affairs, business, undertaking, operations or activities of a designated business trust or a Class 2 designated operating entity that is a business trust is to the affairs, business, undertaking, operations or activities (as the case may be) carried on by the trustee-manager of the business trust on behalf of the business trust; and ( c ) a reference to the obligations of a designated business trust or a Class 2 designated operating entity that is a business trust is to the obligations undertaken by the trustee-manager of the business trust on behalf of the business trust. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s73
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 73
title: Meaning and purposes of special administration order
content:
73. —(1) A special administration order is an order of the Minister made in relation to a relevant entity in accordance with section 74, directing that during the period the order is in force, the affairs, business and property of that entity are to be managed by a person appointed by the Minister which may be the Authority (called in this Part an appointed person) — ( a ) for securing one or more of the purposes specified in subsection (2); and ( b ) in a manner that protects the interests of the shareholders, unitholders or beneficiaries (as the case may be), and the customers and creditors, of the entity. (2) For the purposes of subsection (1)( a ), the purposes are — ( a ) in the case of a relevant entity that is an airport licensee — the security and reliability of the provision of airport services and facilities relating to any airport for which it is licensed; ( b ) in the case of a relevant entity that is a designated business trust — the security and reliability of the business, undertaking or activities of the designated business trust in relation to any airport (or part thereof) for which the business trust is established; ( c ) in the case of a relevant entity that is a Class 2 designated operating entity — the security and reliability of the business, undertaking or activities of the relevant entity in Singapore relating to the provision of any essential transport service; ( d ) the survival of the relevant entity or the whole or any part of the business or undertaking of the relevant entity, as a going concern; ( e ) the transfer to another person, or (as respects different parts of its business or undertaking) to 2 or more different persons, as a going concern, of so much of the business or undertaking of the relevant entity as is necessary to ensure that the following may be properly carried out: (i) in the case of a relevant entity that is an airport licensee — the obligations of the entity in relation to its business, undertaking or activities providing airport services and facilities relating to any airport for which it is licensed; (ii) in the case of a relevant entity that is a designated business trust — the obligations of the entity relating to any airport (or part thereof) for which the business trust is established; (iii) in the case of a relevant entity that is a Class 2 designated operating entity — the obligations of the entity in relation to its business, undertaking or activities of providing any essential transport service; and ( f ) the carrying out of the obligations of the relevant entity mentioned in paragraph ( e )(i), (ii) or (iii) (whichever is applicable) pending the transfer, as a going concern, of the entity’s business, undertaking or activities mentioned in paragraph ( e )(i), (ii) or (iii) (as the case may be) to any other person or persons. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s74
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 74
title: Power to make special administration order and other orders
content:
74. —(1) If, on an application made to the Minister by the Authority, the Minister is satisfied that any one or more of the grounds specified in subsection (2) are satisfied in relation to a relevant entity, the Minister may make any one or more of the following orders: ( a ) a special administration order in relation to the relevant entity; ( b ) an order requiring — (i) the relevant entity; or (ii) in the case of a relevant entity that is a business trust — the trustee-manager of the business trust, to immediately take any action or to do or not do any act or thing that the Minister considers necessary in relation to — (iii) in the case of a relevant entity that is an airport licensee — the business, undertaking or activities of the entity of providing airport services and facilities relating to any airport for which it is licensed; (iv) in the case of a relevant entity that is a designated business trust — the business, undertaking or activities of the entity relating to any airport (or part thereof) for which the business trust is established; or (v) in the case of a relevant entity that is a Class 2 designated operating entity — the business, undertaking or activities of the entity of providing any essential transport service; ( c ) an order appointing a person (called in this Part an advisor) to advise — (i) the relevant entity; or (ii) in the case of a relevant entity that is a business trust — the trustee-manager of the business trust, in the proper conduct of the business, undertaking or activities of the relevant entity mentioned in paragraph ( b )(iii), (iv) or (v), whichever is applicable. (2) For the purposes of subsection (1), the grounds specified are the following: ( a ) in the case of a relevant entity that is an airport licensee — there has been, is or is likely to be a contravention by the airport licensee of the conditions of its airport licence or this Act that is serious enough to make it inappropriate for the airport licensee to continue to hold the airport licence for that airport; ( b ) the Minister considers it to be in the interest of the security and reliability of the carrying on of the business, undertaking or activities of the relevant entity relating to — (i) in the case of a relevant entity that is an airport licensee — the provision of airport services and facilities relating to any airport for which it is licensed; (ii) in the case of a relevant entity that is a designated business trust — any airport (or part thereof) for which the business trust is established; or (iii) in the case of a relevant entity that is a Class 2 designated operating entity — the provision of any essential transport service by the entity; ( c ) the relevant entity is or is likely to be unable to pay its debts; ( d ) the Minister considers it to be in the public interest. (3) No special administration order may be made under this Part in relation to a relevant entity that is a Class 2 designated operating entity before its effective designation date. (4) Notice of any order under subsection (1) must be given immediately by the Minister to such persons and in such manner as may be determined by the Minister. (5) The Minister may make a special administration order in relation to a relevant entity despite the commencement of (as applicable) — ( a ) any proceedings relating to the making of an order under section 210 of the Companies Act 1967 or section 71 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the relevant entity, being a corporation; ( b ) any proceedings relating to the making of a judicial management order under Part 7 of the Insolvency, Restructuring and Dissolution Act 2018 in relation to the relevant entity, being a corporation; ( c ) any meeting convened under section 94(7) of the Insolvency, Restructuring and Dissolution Act 2018 in respect of the relevant entity, being a corporation; ( d ) any proceedings under the Insolvency, Restructuring and Dissolution Act 2018 relating to the winding up of the affairs of the relevant entity, being a company or an unregistered company; ( e ) any proceedings under the Limited Liability Partnerships Act 2005 relating to the winding up of the affairs of the relevant entity, being a limited liability partnership; or ( f ) any proceedings before any court for the dissolution, winding up or termination (as the case may be) of the relevant entity, being an entity not mentioned in paragraph ( d ) or ( e ). (6) For the purposes of this section, a relevant entity is unable to pay its debts if — ( a ) a creditor (by assignment or otherwise) to whom the entity is indebted in a sum exceeding the sum mentioned in section 125(2)( a ) of the Insolvency, Restructuring and Dissolution Act 2018 then due has served on the entity, by leaving at the registered office of the entity, a written demand by the creditor or the creditor’s lawfully authorised agent requiring the entity to pay the sum so due, and the entity has for 3 weeks after the service of the demand neglected to pay the sum, or to secure or compound for it to the reasonable satisfaction of the creditor; ( b ) an enforcement order or other process issued to enforce a judgment, decree or order of any court in favour of a creditor of the entity is returned unsatisfied in whole or in part; or ( c ) it is proved to the satisfaction of the General Division of the High Court that the entity is unable to pay its debts. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s75
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 75
title: Ancillary directions, etc., when special administration order, etc., is made
content:
75. —(1) A special administration order under this Part may specify that — ( a ) the appointed person has such functions and powers in relation to the operations of the relevant entity as are specified in the order; ( b ) the relevant entity or, if the relevant entity is a business trust, its trustee-manager, is to stop providing a specified service or facility from a specified date; and ( c ) the appointed person must have access to, and take control of, the property (including intellectual property), licences and employees used or required by the relevant entity or, if the relevant entity is a business trust, its trustee-manager, for the purposes of carrying on the operations of the relevant entity as are specified in the order. (2) A special administration order under this Part may also contain ancillary directions that may — ( a ) direct how the costs of the operations specified in the order and revenue generated from those operations, are to be dealt with; ( b ) fix the remuneration and expenses to be paid by the relevant entity or trustee-manager to the appointed person; ( c ) specify the period for which the order under this section applies; and ( d ) specify any other conditions that may apply. (3) An order under section 74(1)( c ) may also contain an ancillary direction that fixes the remuneration and expenses to be paid by the relevant entity or trustee-manager to the advisor. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s75A
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 75A
title: Effect of special administration order and other orders
content:
75A. —(1) Any decision of the Minister under section 74(1) is final. (2) A special administration order operates to the exclusion of rights that are inconsistent with the order. (3) Nothing in Part 5 applies to prohibit or invalidate any special administration order or other order made under this Part or any transaction entered into to give effect to such an order. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s75B
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 75B
title: Duties of relevant entity or trustee-manager, etc.
content:
75B. —(1) The relevant entity that is the subject of a special administration order under this Part or, in the case of such a relevant entity that is a business trust, its trustee-manager — ( a ) must facilitate the handover of the operations to the appointed person as specified in the order; ( b ) must not obstruct the appointed person’s access to property or the exercise by the appointed person of the appointed person’s responsibilities under or pursuant to the special administration order; and ( c ) must comply with reasonable directions given by the appointed person in the exercise of the appointed person’s responsibilities under or pursuant to the special administration order. (2) The relevant entity or trustee-manager which fails to comply with subsection (1) or an order under section 74(1)( b ) shall be guilty of an offence. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s75C
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 75C
title: Transfer of property, etc., of relevant entity under special administration order
content:
75C. —(1) Without limiting sections 73, 74 and 75, a special administration order in relation to a relevant entity may provide for the following matters: ( a ) the transfer to one or more prescribed transferees (which may or may not be the appointed person) of the following (whichever is applicable): (i) the property, rights and liabilities of the relevant entity; or (ii) in the case of a relevant entity that is a business trust — the property of the business trust, and the rights held and the liabilities incurred by the trustee-manager of the business trust in its capacity as trustee-manager of the business trust; ( b ) matters that are consequential or related to any such transfer. (2) Without limiting subsection (1) and sections 73, 74 and 75, where financial assistance has been provided by the Government to an airport licensee or a designated business trust for the purpose of — ( a ) in the case of an airport licensee — maintaining the security and reliability of the provision of airport services and facilities relating to any airport for which it is licensed; or ( b ) in the case of a designated business trust — maintaining the security and reliability of the business, undertaking or activities of the designated business trust relating to any airport (or part thereof) for which the business trust is established, a special administration order may provide for the following matters: ( c ) the transfer of shares, securities or units in the airport licensee or designated business trust to any of the prescribed transferees (which may or may not be the appointed person); ( d ) matters that are consequential or related to any such transfer, including the extinguishment of rights of any specified description to subscribe for, or otherwise acquire, securities of the airport licensee or any of its subsidiaries. (3) An order providing for any matter mentioned in subsection (1) or (2) may contain any of the prescribed kinds of provisions. (4) If the Minister makes a special administration order providing for any transfer mentioned in subsection (1) or (2), the Minister must, by notification in the Gazette , establish a scheme within the period specified in subsection (5) for determining the amount of any compensation payable by the prescribed transferee to any of the following (whichever is applicable): ( a ) persons who held shares, securities or units immediately before they were transferred; ( b ) persons whose rights of any specified description to subscribe for, or otherwise acquire, shares, securities or units were extinguished; ( c ) the airport licensee, the trustee-manager or unitholders of the designated business trust, or the Class 2 designated operating entity. (5) For the purposes of subsection (4), the period within which the Minister must establish the scheme mentioned in that subsection is — ( a ) 6 months after the date of the making of the special administration order; or ( b ) any longer period after the date of the making of the special administration order, as agreed between the prescribed transferee and the relevant entity or trustee-manager. (6) A scheme established under subsection (4) may provide for — ( a ) the manner in which any compensation or consideration is to be assessed, including methods of calculation, valuation dates and matters to be taken into account or disregarded when making valuations; ( b ) the assessment to be made by an independent valuer appointed by the Minister; and ( c ) the remuneration and expenses of the independent valuer. (7) In this section, “prescribed transferee” means the Authority or a person nominated by the Minister. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s75D
chapter: PART 7 - SPECIAL ADMINISTRATION ORDERS AND
section: 75D
title: Regulations for this Part
content:
75D. The Minister may make regulations under section 102 for giving effect to this Part, including — ( a ) regulations governing the transfer of property, rights and liabilities of or in relation to a relevant entity mentioned in section 75C(1)( a ) and matters consequential or related to such transfer; ( b ) regulations governing the transfer of shares, securities or units in an airport licensee or a designated business trust mentioned in section 75C(2)( c ) and matters consequential or related to such transfer; ( c ) regulations for prescribing any kinds of provisions for the purposes of section 75C(3); and ( d ) if a special administration order is made, regulations for applying, omitting or modifying the provisions of Parts 7 and 9 of the Insolvency, Restructuring and Dissolution Act 2018. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s76
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 76
title: Authorised officers
content:
76. —(1) The Authority may, in relation to any provision in this Act or the regulations or rules, appoint any of its officers or employees or any other person to be an authorised officer for the purposes of that provision, either generally or in a particular case. (2) The Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by this Act (except the power of delegation conferred by this subsection) to any authorised officer, subject to such conditions or limitations as set out in this Act or as the Authority may specify; and any reference in this Act to the Authority includes a reference to such an authorised officer.


document_id: caasa-2009
provision_ref: s77
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 77
title: Damage to Authority’s property
content:
77. —(1) If any person wilfully removes, destroys or damages any property belonging to the Authority or hinders or prevents the property from being used or operated in the manner in which it is intended to be used or operated, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both, and, on application by the Authority, a court may order the offender to pay compensation to the Authority for any damage done by the offender. (2) Any employee of the Authority duly authorised in that behalf may apprehend any person if that other person commits, within the employee’s view, an offence under this section and must on such apprehension, without unreasonable delay, hand over the person so apprehended to a police officer.


document_id: caasa-2009
provision_ref: s78
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 78
title: Obstructing employee, etc., of Authority
content:
78. —(1) The Authority, or an officer or employee thereof authorised in writing by the Authority, may enter at any reasonable time any premises occupied by the airport licensee or a lessee of the airport licensee for the purpose of — ( a ) ascertaining whether there is, or has been, a contravention of this Act; or ( b ) ascertaining whether any of the functions conferred by this Act on the Authority or the Minister should or may be exercised. (2) Having entered any such premises under subsection (1), the Authority, or an officer or employee thereof authorised in writing by the Authority, may — ( a ) inspect any books, documents or other records relating to the business of the airport licensee or the lessee in providing airport services and facilities; ( b ) make copies of, or records of any information contained in, any such books, documents or other records; or ( c ) take photographs of the premises and any property or material found on the premises. (3) Any person who refuses to give access to, or wilfully obstructs, hinders or delays — ( a ) any member, officer or employee of the Authority; or ( b ) any authorised officer, in the performance and execution of any matter or thing which he or she is authorised to do by this section or under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: caasa-2009
provision_ref: s79
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 79
title: Consent of Public Prosecutor
content:
79. No court is to try any offence under this Act or any regulations or rules except with the consent of the Public Prosecutor.


document_id: caasa-2009
provision_ref: s80
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 80
title: Power to remove persons, etc., and arrest
content:
80. —(1) A police officer may remove from any immovable property under the management and control of the Authority or any part thereof — ( a ) any person who, in contravention of this Act, fails or refuses to leave that property or any part of that property after being requested by such an officer to do so; and ( b ) any vehicle or thing brought to or left within that property or any part of that property in contravention of any provisions of this Act and any vehicle or thing likely to cause danger or obstruction. (2) A police officer may without warrant arrest a person within any immovable property under the management and control of the Authority — ( a ) if the police officer has reasonable cause to believe that that person has contravened any provision of this Act and the police officer does not know or cannot ascertain that person’s name and address; or ( b ) if that person, in contravention of this Act, fails or refuses to leave the Authority’s property or any particular part of the property after being requested to do so by such an officer.


document_id: caasa-2009
provision_ref: s81
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 81
title: Police officer may require evidence of identity
content:
81. —(1) A police officer who reasonably believes that a person has committed an offence under this Act may require the person to provide such evidence of that person’s identity as the police officer may require. (2) Any person who — ( a ) refuses to provide the information required of the person by a police officer under subsection (1); or ( b ) provides information to a police officer in connection with any requirement under subsection (1), being information that is false or misleading in a material particular, and knowing that it is false or misleading in a material particular or is reckless as to whether it is, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: caasa-2009
provision_ref: s82
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 82
title: Power to obtain information
content:
82. —(1) The Authority or an authorised officer may, by written notice, require any airport licensee or other person to provide, within a reasonable period specified in the notice, and in such form and manner as may be specified in the notice, all documents and information relating to any matter which the Authority considers necessary to carry out the functions or duties of or assigned to the Authority by or under any provision of this Act, which are within the knowledge of that person or in that person’s custody or under that person’s control. (2) The power to require a person to provide any document or information under subsection (1) includes the power — ( a ) to require that person, or any person who is or was an officer or employee of that person, to provide an explanation of the document or information; ( b ) if the document or information is not provided, to require that person to state, to the best of that person’s knowledge and belief, where it is; and ( c ) if the information is recorded otherwise than in legible form, to require the information to be made available to the Authority in legible form. (3) Any person who, without reasonable excuse, fails to do anything required of the person by notice under subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000. (4) Any person who — ( a ) intentionally alters, suppresses or destroys any document or information which the person has been required by a notice under subsection (1) to provide; or ( b ) in providing any document or information required under subsection (1), makes any statement which the person knows to be false in a material particular or recklessly makes such a statement, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both. (5) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make such order as the court thinks fit to secure compliance with the notice and any such order may provide that all the costs or expenses of and incidental to the application must be borne by such person or by any officer of a company or other association who is responsible for the failure. (6) The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice mentioned in subsection (1), enter any building or place where the Authority has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of any such document or information. (7) The Authority is entitled without payment to keep any document or information, or any copy or extract thereof, provided to it under subsection (1) or obtained under subsection (6). (8) Every authorised officer acting under this section is deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: caasa-2009
provision_ref: s83
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 83
title: Restriction on disclosure of confidential information
content:
83. —(1) This section applies if — ( a ) any information or document is provided by a person to the Authority or an authorised officer under this Act; and ( b ) at the time such information or document is provided, the person notifies the Authority or authorised officer in writing that it is of a confidential or commercially sensitive nature. (2) The Authority or an authorised officer must not disclose to any person the information or the contents of a document to which this section applies unless — ( a ) the Authority or authorised officer is of the opinion that — (i) the disclosure of the information or the contents of the document would not cause detriment to the person providing it or to any other person who is aware of the information or document; or (ii) although the disclosure of the information or the contents of the document would cause detriment to the person providing it or to any other person who is aware of the information or document, the public benefit in disclosing it outweighs that detriment; ( b ) the Authority or authorised officer gives written notice to — (i) the person who provided the information or document; and (ii) any other person whom the Authority or authorised officer is aware has provided the information or document to the person mentioned in sub‑paragraph (i), where the identity of such other person is known to the Authority or authorised officer, as the case may be, stating that the Authority or authorised officer wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure, setting out detailed reasons why the Authority or authorised officer wishes to make the disclosure and setting out a copy of this section; and ( c ) no appeal is made to the Minister under section 55. (3) Subsection (2) does not prevent the Authority from disclosing any information or the contents of any document — ( a ) to any member, officer or employee of the Authority, any authorised officer, or any agent, consultant, committee or panel acting for or under the direction of the Authority; ( b ) to the Minister, the Appeals Advisory Panel or any agent, consultant, committee or panel acting for or under the direction of the Minister; ( c ) when required to do so by any court or under any written law; ( d ) for the purposes of any criminal proceedings; or ( e ) for any other purpose the disclosure of which is required or authorised by or under any written law. (4) For the purposes of this section, the disclosure of any information or the contents of a document already in the public domain at the time the Authority or authorised officer (as the case may be) wishes to disclose it cannot cause detriment to any person mentioned in subsection (2)( a ).


document_id: caasa-2009
provision_ref: s84
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 84
title: Offences by bodies corporate, etc.
content:
84. —(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 act or default 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. [2/2012] (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 act or default on a 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 a limited liability partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner or manager of the limited liability partnership, the partner or manager (as the case may be) as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (5) 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 act or default on the part of such an officer or a 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. (6) In this section — “body corporate” and “partnership” exclude a limited liability partnership within the meaning of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, member of the committee of management, chief executive officer, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; and ( 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. (7) The Minister may make rules to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: caasa-2009
provision_ref: s85
chapter: PART 8 - MONITORING AND ENFORCEMENT POWERS
section: 85
title: Composition of offences
content:
85. —(1) The Chief Executive, or any employee of the Authority or authorised officer authorised by the Authority in writing to act under this section, may compound any offence under this Act that is prescribed as an offence which may be compounded by the Chief Executive, or that employee or authorised officer (as the case may be), by collecting from a person reasonably suspected of having committed the offence the lower of the following: ( a ) a sum not exceeding 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 are to be taken against that person in respect of the offence. (3) All sums collected under this section must be paid into the Consolidated Fund. [18/2018]


document_id: caasa-2009
provision_ref: s86
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 86
title: Levy
content:
86. —(1) For the purpose of enabling the Authority to carry out its functions under this Act and any other written law, the Minister may, after consulting the Authority, by order in the Gazette , impose on all or any of the persons mentioned in subsection (2) a levy payable to the Authority. (2) An order made under subsection (1) may — ( a ) prescribe different rates of levies to be imposed in respect of different classes of persons, airports or aircraft, or on the basis of different times of use or on any other differential basis; ( b ) specify the persons by whom any levy is payable, the manner of payment and the place at which it is payable; ( c ) prescribe a date by which any levy is payable or authorise the Authority to fix the date by which the levy is payable; ( d ) designate an airport licensee or other agent to collect on behalf of the Authority any levy that is payable and the method of such collection; ( e ) require returns to be made — (i) by persons by whom any levy is payable; and (ii) by the airport licensee or other agent mentioned in paragraph ( d ), and prescribe conditions relating to the making of such returns; ( f ) prescribe penalties for the late payment of any such levy by persons by whom any levy is payable; and ( g ) impose interest for late payment of any such levy or penalty.


document_id: caasa-2009
provision_ref: s87
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 87
title: Other provisions relating to levy
content:
87. —(1) There must be paid to the Authority the following, which are to be applied by the Authority in performing its functions under this Act and any other written law: ( a ) all levies imposed under section 86; ( b ) any penalty or interest for the late payment of any levy or penalty imposed under section 86; and ( c ) any additional penalty under subsection (3)( b ). (2) Any such unpaid levy, penalty or interest imposed under section 86 may be recovered by the Authority as a debt in a court of competent jurisdiction. (3) Where an airport licensee or other agent is designated by an order pursuant to section 86(2)( d ) to collect any levy payable under section 86 — ( a ) all such levies collected by the airport licensee or other agent must be paid to the Authority within the time prescribed in that order and must, if so unpaid, be recoverable from the airport licensee or agent (as the case may be) as a debt in a court of competent jurisdiction; ( b ) if the amount of levy collected by the airport licensee or other agent is not paid by the airport licensee or agent within the time prescribed, any additional penalty on the amount outstanding as prescribed in the order is payable by the airport licensee or agent (as the case may be) to the Authority; and ( c ) the airport licensee or other agent must not refund, remit or reimburse, directly or indirectly, any levy or penalty paid or payable by any person under section 86, except in accordance with the prior approval of the Authority.


document_id: caasa-2009
provision_ref: s87A
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 87A
title: Airport development levy
content:
87A. —(1) A tax called an airport development levy is payable in respect of every air passenger ticket that covers at least one flight that takes off — ( a ) from an airport at Changi to a place outside Singapore; and ( b ) on or after a date specified by an order made under subsection (2), being no earlier than 29 June 2018. [18/2018] (2) The airport development levy — ( a ) is an amount or rate prescribed in an order in the Gazette made by the Minister; ( b ) is payable to the Authority; and ( c ) must be paid into the Changi Airport Development Fund. [18/2018] (3) An order made under subsection (2) may also — ( a ) specify the persons by whom an airport development levy is payable, the manner of payment and the place at which it is payable; ( b ) prescribe different amounts or rates of airport development levy in respect of different classes of persons or aircraft, or on the basis of different times of use or on any other differential basis; ( c ) prescribe a date by which an airport development levy is due, or authorise the Authority to fix the date by which the airport development levy must be paid; ( d ) designate an airport licensee or other agent to collect on behalf of the Authority an airport development levy that is payable and the method of such collection; ( e ) require returns to be made — (i) by persons by whom an airport development levy is payable; or (ii) by the airport licensee or other agent mentioned in paragraph ( d ), and prescribe conditions relating to the making of such returns; ( f ) prescribe penalties for the late payment of any airport development levy by persons by whom the airport development levy is payable; and ( g ) impose interest for late payment of any airport development levy or penalty. [18/2018] (4) Any unpaid airport development levy, or penalty or interest imposed under this section may be recovered by the Authority as a debt in a court of competent jurisdiction. [18/2018] (5) Where an airport licensee or other agent is designated by an order under subsection (3)( d ) to collect any airport development levy payable under this section — ( a ) all such airport development levies collected by the airport licensee or other agent must be paid to the Authority within the time prescribed in that order and must, if so unpaid, be recoverable from the airport licensee or agent (as the case may be) as a debt in a court of competent jurisdiction; ( b ) if the amount of airport development levy collected by the airport licensee or other agent is not paid by the airport licensee or agent within the time prescribed, such additional penalty on the amount outstanding as prescribed in the order is payable by the airport licensee or agent (as the case may be) to the Authority; and ( c ) the airport licensee or other agent must not refund, remit or reimburse, directly or indirectly, any airport development levy or penalty paid or payable by any person under this section, except in accordance with the prior approval of the Authority. [18/2018]


document_id: caasa-2009
provision_ref: s88
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 88
title: Fees, charges and late payment penalties
content:
88. —(1) The Authority may, with the approval of the Minister, by order in the Gazette — ( a ) impose fees and charges for air navigation services and other facilities and services the Authority provides at or in connection with any airport; ( b ) impose penalties for the late payment of any such fee or charge; ( c ) impose interest for late payment of any such fee, charge or penalty; and ( d ) provide for any payment thereof by instalment. (2) Any such fee or charge or penalty or interest for late payment may be set either by fixing the amount or by setting a method of calculation. (3) Different rates of fees and charges may be so prescribed or fixed in respect of different classes of persons, airports, aircraft or services, or on the basis of different times of use or on any other differential basis. (4) Any such unpaid fee or charge or instalment thereof, or unpaid late payment penalty or interest, may be recovered by the Authority as a debt in a court of competent jurisdiction.


document_id: caasa-2009
provision_ref: s89
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 89
title: Statutory lien
content:
89. —(1) If — ( a ) any levy or service charge imposed in respect of an aircraft is not paid in full by the due date for payment; and ( b ) any part of the levy or service charge, or any part of the late penalty or interest for late payment of the levy or service charge, remains unpaid, an employee authorised by the Authority in writing to act under this section may make an entry in the Register of Statutory Liens in the prescribed manner. (2) When the entry is made, a statutory lien on the aircraft vests in the Authority. (3) The statutory lien covers the following: ( a ) the levy or service charge or both in respect of the aircraft; ( b ) any penalty that becomes payable in respect of the levy or service charge after the entry is made; ( c ) any further outstanding amounts in respect of the aircraft.


document_id: caasa-2009
provision_ref: s90
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 90
title: Effect of statutory lien
content:
90. —(1) Sections 89 to 94 have effect in relation to an aircraft while a statutory lien on the aircraft continues in effect. (2) Those provisions apply — ( a ) despite any encumbrance in respect of the aircraft, and any sale or disposition of, or dealing in, the aircraft or an interest in the aircraft; and ( b ) whether or not the Authority has possession of the aircraft at any time. (3) For the purposes of priorities among creditors and the purposes of the distribution of the proceeds of a sale made under section 93, the statutory lien has effect as a security interest in respect of the aircraft ranking in priority — ( a ) after any security interest (other than a floating charge) in respect of the aircraft created before the time of registration of the statutory lien, to the extent that the security interest covers a debt incurred before that time; and ( b ) before any security interest that is not covered by paragraph ( a ), or to the extent that it is not covered by paragraph ( a ). (4) A statutory lien ceases to have effect in the following cases, and not otherwise: ( a ) when there is no longer any outstanding amount covered by the statutory lien; ( b ) when the aircraft is sold or disposed of under section 93; ( c ) when an authorised employee directs in writing that the statutory lien ceases to have effect. (5) When a statutory lien ceases to have effect, the authorised employee must make an entry in the Register of Statutory Liens as prescribed by the regulations. (6) A statutory lien is not to be taken by implication to have any effect otherwise than as provided by this Act.


document_id: caasa-2009
provision_ref: s91
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 91
title: Register of Statutory Liens
content:
91. There must be a Register of Statutory Liens, which must be maintained by the Authority, and be open to public inspection, as prescribed by the regulations.


document_id: caasa-2009
provision_ref: s92
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 92
title: Seizure of aircraft
content:
92. —(1) This section applies if an outstanding amount covered by a statutory lien on an aircraft remains unpaid at the end of 9 months after the day on which it became an outstanding amount or the day on which the lien was registered, whichever is the later. (2) An employee authorised by the Authority in writing to act under this section — ( a ) may at any time, seize the aircraft; and ( b ) may keep possession of the aircraft until all outstanding amounts covered by the statutory lien are paid. (3) The employee who is so authorised must take reasonable steps to give notice of the seizure in the prescribed form to the following persons: ( a ) persons who, in the opinion of the authorised employee, have a security interest in the aircraft; ( b ) each person who is an owner, an operator, a lessee, a hirer, a charterer or a pilot in command, of the aircraft; and ( c ) any other persons prescribed by the regulations. (4) An employee authorised by the Authority in writing to act under this section is not entitled to seize an aircraft under this section if the employee fails to comply with a request by the owner, operator or pilot in command of the aircraft to produce proof that the employee is authorised to act under this section. (5) Where an aircraft is to be seized under this section, the Authority must insure the aircraft, and keep it insured, against the loss of, or any damage to, the aircraft during its seizure or while it is in the custody, possession or control of the Authority or of an employee or agent of the Authority. (6) The insurance must be for the benefit of the person or persons prescribed by the regulations. (7) If the Authority pays any premium on the insurance policy, the Authority may recover the amount of the premium, in a court of competent jurisdiction, as a debt due by the person who is liable to pay the amounts covered by the statutory lien on the aircraft.


document_id: caasa-2009
provision_ref: s93
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 93
title: Sale or disposal of aircraft
content:
93. —(1) This section applies if an outstanding amount covered by a statutory lien on an aircraft remains unpaid at the end of 9 months after the day on which it became an outstanding amount or the day on which the lien was registered, whichever is the later. (2) The Authority may at any time do any of the following, whether or not the aircraft has been seized under section 92: ( a ) sell or otherwise dispose of the aircraft as prescribed by the regulations; ( b ) execute all documents necessary for effecting the sale or disposal; ( c ) give effective title to the aircraft free of all encumbrances, leases and contracts of hire. (3) Before selling or otherwise disposing of the aircraft, the Authority must take reasonable steps to give reasonable notice of the sale or disposal to the persons mentioned in section 92(3). (4) The proceeds of a sale or disposal under this section must be dealt with in accordance with the regulations. (5) For the purposes of section 92 and this section, any amounts received by the Authority in discharge of outstanding amounts covered by a statutory lien are taken to be applied successively in the discharge of — ( a ) firstly, any levy; and ( b ) subsequently, those amounts of services charges, penalties and interest in the order in which they became payable.


document_id: caasa-2009
provision_ref: s94
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 94
title: Removal or dismantling of aircraft under statutory lien
content:
94. —(1) A person who knows that a statutory lien is in effect in respect of an aircraft must not remove the aircraft from Singapore. (2) A person who knows that a statutory lien is in effect in respect of an aircraft must not detach any part or equipment from the aircraft. (3) Subsections (1) and (2) do not apply if the person has the prior approval of an employee authorised by the Authority in writing to act under this section. (4) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 12 months or to both. (5) For the purposes of establishing a contravention of subsection (1), a person is taken to have known that a statutory lien was in effect in respect of an aircraft if the person ought reasonably to have known that fact, having regard to — ( a ) the person’s abilities, experience, qualifications and other attributes; and ( b ) all the circumstances surrounding the alleged contravention.


document_id: caasa-2009
provision_ref: s95
chapter: PART 9 - LEVIES, FEES AND CHARGES
section: 95
title: Review of decisions
content:
95. —(1) A person affected by a decision made under section 89, 92 or 93 may make a written application to the Authority to reconsider the decision. (2) The application must be made within 28 days after the day on which the decision first comes to the notice of the person, or within such further period as the Authority allows, either before or after the end of that 28‑day period. (3) The application must set out the grounds on which the applicant is requesting reconsideration of the decision. (4) Within 28 days after receiving the application, the Authority must reconsider the decision and affirm or revoke the decision, or vary the decision, as the Authority thinks fit. (5) Where the Authority affirms, revokes or varies a decision, the Authority must inform the applicant in writing of the result of the reconsideration of the decision, and give its reasons.


document_id: caasa-2009
provision_ref: s96
chapter: PART 10 - MISCELLANEOUS
section: 96
title: Application of Act to Government
content:
96. —(1) Except as otherwise provided in subsection (2), this Act binds the Government and applies to the Government. (2) Nothing in this Act renders the Government liable to prosecution for an offence.


document_id: caasa-2009
provision_ref: s97
chapter: PART 10 - MISCELLANEOUS
section: 97
title: Non-interference with procurement by airport licensee, etc.
content:
97. To avoid doubt, nothing in this Act entitles the Government, Minister or Authority to issue any directions, or to impose any licence condition or other requirement, to control or regulate the procurement by an airport licensee or exempt airport operator of goods or service, or a combination of goods and service, by any contractual means, such as purchase or lease, rental or hire purchase, with or without an option to buy the goods or service or combination of goods or service.


document_id: caasa-2009
provision_ref: s97A
chapter: PART 10 - MISCELLANEOUS
section: 97A
title: Advisory guidelines
content:
97A. —(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. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s98
chapter: PART 10 - MISCELLANEOUS
section: 98
title: Power to exempt
content:
98. The Authority may, with the approval of the Minister, by order in the Gazette , exempt any person or development from all or any of the provisions (or any part of any provision) of this Act (except section 36). [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s99
chapter: PART 10 - MISCELLANEOUS
section: 99
title: General penalty
content:
99. Any person who is guilty of an offence under this Act or any regulations or rules for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: caasa-2009
provision_ref: s100
chapter: PART 10 - MISCELLANEOUS
section: 100
title: Service of documents, etc.
content:
100. —(1) Subject to subsection (3), any document required or authorised to be given or served under this Act may be served — ( a ) in the case of an individual — (i) by delivering it to the individual personally; (ii) by leaving it with an adult person apparently resident at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of residence; (iii) by leaving it with an adult person apparently employed at, or by sending it by prepaid registered post to, the usual or last known address of the individual’s place of business; (iv) 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 (v) by sending it by fax to the fax number operated at the usual or last known address of the individual’s place of residence or business, or the last fax number given to the Authority or an authorised officer by the individual as the fax number for the service of documents on the individual; ( b ) in the case of a partnership other than a limited liability partnership — (i) by delivering it to any one of the partners or the secretary or other like officer of the partnership; (ii) by leaving it at, or by sending it by prepaid registered post to, the principal or last known place of business of the partnership in Singapore; or (iii) by sending it by fax to the fax number operated at the principal or last known place of business of the partnership in Singapore; and ( c ) in the case of any limited liability partnership or any other body corporate — (i) 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; (ii) by leaving it at, or by sending it by prepaid registered post to, the registered office or principal office of the limited liability partnership or body corporate in Singapore; or (iii) by sending it by fax to the fax number operated at the registered office or principal office of the limited liability partnership or body corporate in Singapore. (2) Where any notice or other document to be served by the Authority or the Minister is — ( a ) sent by fax to the fax number operated at the last known place of residence or business or registered office or principal office in accordance with subsection (1), it is 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 fax 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 ( b ) sent by prepaid registered post, it is 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. (3) This section does not apply to notices and documents to be served in proceedings in court.


document_id: caasa-2009
provision_ref: s101
chapter: PART 10 - MISCELLANEOUS
section: 101
title: Jurisdiction of court
content:
101. Despite any provision to the contrary in the Criminal Procedure Code 2010, a District Court has jurisdiction to try any offence under this Act and has power to impose the full penalty or punishment in respect of the offence.


document_id: caasa-2009
provision_ref: s101A
chapter: PART 10 - MISCELLANEOUS
section: 101A
title: Power to amend Third Schedule
content:
101A. The Minister may, by order in the Gazette , amend the Third Schedule. [Act 20 of 2024 wef 01/04/2025]


document_id: caasa-2009
provision_ref: s102
chapter: PART 10 - MISCELLANEOUS
section: 102
title: Regulations
content:
102. —(1) The Authority may, with the approval of the Minister, make regulations for carrying out the purposes and provisions of this Act. (2) Without limiting subsection (1), the Authority may, with the approval of the Minister, make regulations for or with respect to all or any of the following matters: ( a ) 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; ( b ) the manner of appointment, conduct and discipline and the terms and conditions of service of employees of the Authority; ( c ) the payment of gratuities and other benefits to employees of the Authority; ( d ) 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; ( e ) the offences which may be compounded under section 85; ( f ) the procedure for appeals against the decision of a slots coordinator or schedules facilitator under section 71J or 71K, respectively; ( g ) the prescribing of anything that is required or permitted to be prescribed under this Act. [18/2018] (3) 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. [18/2018] (4) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette .


document_id: caasa-2009
provision_ref: s103
chapter: PART 10 - MISCELLANEOUS
section: 103
title: Saving and transitional provision
content:
103. Any written law or document referring to the repealed Act or any provision thereof is, as far as may be necessary for preserving its effect, to be construed as referring or as including a reference to this Act or the corresponding provision in this Act, as the case may be.


document_id: cadda-1996
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “Agreement on Agriculture” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement; “Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement; “Agreement on Subsidies and Countervailing Measures” means the Agreement by that name set out in Annex 1A to the World Trade Organisation Agreement; “country” includes a customs union or customs territory; “domestic industry” means — ( a ) the domestic producers as a whole of the like goods; or ( b ) the domestic producers whose collective output of the like goods constitutes a major proportion of the total domestic production of those goods, but does not, if the Minister so determines, include domestic producers who are related to the exporters or importers, or are themselves importers, of the subject goods or, in relation to Part 2, like goods from other countries; “dumping margin” means the amount by which the normal value of the subject goods exceeds the export price; “export price” means the export price of the subject goods as determined in accordance with section 16; “exporting country” means — ( a ) the country of export of the subject goods; or ( b ) where the subject goods are not exported directly to Singapore but are transhipped without substantial transformation through an intermediate country, the country of origin of the subject goods; “General Agreement on Tariffs and Trade 1994” means the Agreement by that name whose parts are described in Annex 1A to the World Trade Organisation Agreement; “interested party” means — ( a ) a producer, an exporter or an importer of the subject goods; ( b ) a trade or business association of which a majority of its members are producers, exporters or importers of the subject goods; ( c ) the government of a country in which the subject goods are produced or from which they are exported; ( d ) a producer of the like goods in Singapore; ( e ) a trade or business association of which a majority of its members produce the like goods in Singapore; or ( f ) any other person the Minister considers appropriate; “like goods” means any goods which the Minister determines are identical in all respects to the subject goods or, in the absence of such goods, any other goods which the Minister determines have characteristics closely resembling those of the subject goods; “non-market economy country” means any foreign country the government of which has a complete or substantially complete monopoly of its trade and where domestic prices are fixed by the government of the foreign country; “normal value” means the normal value of any subject goods as determined in accordance with section 15 or 18; “producer” means such producer, manufacturer or processor as may be prescribed; “provisional measures” means — ( a ) in relation to Part 2, the requirement to pay the provisional duty or furnish a security equal to the estimated subsidy found in the preliminary determination; and ( b ) in relation to Part 3, the requirement to pay the provisional duty or furnish a security equal to the estimated dumping margin found in the preliminary determination; “subject goods” means the goods imported, or sold for importation, into Singapore that are the subject of any countervailing or anti-dumping duty investigation or review under this Act; “Tribunal” means the Anti-Dumping Tribunal established under section 30; “undertakings” means such undertakings as may be prescribed; “World Trade Organisation Agreement” means the Marrakesh Agreement Establishing the World Trade Organisation done at Marrakesh on 15 April 1994. (2) For the purposes of this Act, “subsidy”, in relation to goods that are imported into Singapore, means — ( a ) a financial contribution by a government or public body of the country of export that is made in connection with the production, manufacture or export of those goods that involves — (i) a direct transfer of funds from that government or public body; (ii) a potential direct transfer of funds or liabilities from that government or public body; (iii) the forgoing, or non-collection of revenue (other than an allowable exemption or remission) due to that government or public body; (iv) the provision by that government or public body of goods or services otherwise than in the course of providing normal infrastructure; or (v) the purchase by that government or public body of goods; or ( b ) any form of income or price support as referred to in Article XVI of the General Agreement on Tariffs and Trade 1994 that is received from such a government or public body, and a benefit is thereby conferred, but does not include any government action that satisfies the conditions described in footnote 1 of the Agreement on Subsidies and Countervailing Measures. (3) Subject to subsection (4), a subsidy is countervailable if the receipt of the benefit is, in law or in fact — ( a ) specific to an enterprise or industry or group of enterprises or industries within the jurisdiction of the granting authority; or ( b ) contingent upon — (i) export performance; (ii) the use of domestic over imported goods; or (iii) location in a designated geographic region within the jurisdiction of the granting authority. (4) A subsidy is not countervailable if the Minister determines that — ( a ) the government action satisfies the conditions described in paragraph ( a ), ( b ) or ( c ) of Article 8.2 of the Agreement on Subsidies and Countervailing Measures; ( b ) the government action has been notified in accordance with Article 8.3 of the Agreement on Subsidies and Countervailing Measures and there has been no determination by the Committee on Subsidies and Countervailing Measures or an arbitral body under Article 8.4 or 8.5 of that Agreement that the action does not satisfy the criteria in Article 8.2 of that Agreement; or ( c ) the government action is a domestic support measure that meets the criteria or conditions set out in Annex 2 to the Agreement on Agriculture. (5) The amount of countervailable subsidy is to be calculated in the prescribed manner. (6) For the purposes of this Act — ( a ) parties are deemed to be related if — (i) one of them, directly or indirectly, controls the other; (ii) both of them are, directly or indirectly, controlled by a third party; or (iii) together they, directly or indirectly, control a third party, provided that there are grounds for believing or suspecting that the effects of the relationship is such as to cause the parties concerned to behave differently from non-related parties; and ( b ) one party is deemed to control another when the firstmentioned party is legally or operationally in a position to exercise restraint or direction over the latter.


document_id: cadda-1996
provision_ref: s3
chapter: PART 2 - COUNTERVAILING DUTIES
section: 3
title: Imposition of countervailing duties
content:
3. —(1) The Minister may impose a countervailing duty on the subject goods imported into Singapore where he or she determines — ( a ) that a countervailable subsidy is being provided with respect to the subject goods; and ( b ) that injury is found to exist in any one of the following ways: (i) the subject goods are, through the effects of the subsidy, causing material injury to the domestic industry in Singapore producing like goods; (ii) the subject goods are, through the effects of the subsidy, threatening to cause material injury to the domestic industry in Singapore producing like goods; (iii) the subject goods are, through the effects of the subsidy, causing material retardation of the establishment of the domestic industry in Singapore. (2) The amount of countervailing duty to be imposed — ( a ) is equal to the countervailable subsidy determined to be provided with respect to the subject goods; or ( b ) if the Minister determines that a lower countervailing duty is sufficient to eliminate the injury determined in subsection (1)( b ), is such lower duty. (3) For the purposes of this section — ( a ) it must be demonstrated that the subject goods are causing injury within the meaning of this Act; ( b ) the demonstration of a causal relationship between the subject goods and the injury to the domestic industry must be based on an examination of all relevant evidence before the Minister; ( c ) the Minister must also examine any known factors other than the subject goods which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the subject goods. (4) Where the country of origin of the subject goods is a non-market economy country, the countervailable subsidy and countervailing duty are to be determined in the prescribed manner.


document_id: cadda-1996
provision_ref: s4
chapter: PART 2 - COUNTERVAILING DUTIES
section: 4
title: Initiation of investigation
content:
4. —(1) A written petition requesting that a countervailing duty investigation be initiated with regard to goods imported, or likely to be imported, into Singapore may be submitted to the Minister by any person on behalf of the domestic industry producing like goods. (2) A petition must be in such form as may be determined by the Minister and must include evidence of each of the elements specified in section 3(1) and all other evidence that may be prescribed. (3) The Minister must, within the period prescribed, review the petition and other available information and determine whether — ( a ) sufficient evidence to warrant the initiation of an investigation into whether the elements necessary for the imposition of a countervailing duty as provided under section 3(1) exists; and ( b ) such an investigation is in the public interest. (4) Where the Minister determines that sufficient evidence does not exist to warrant the initiation of a countervailing duty investigation or that such an investigation is not in the public interest, the Minister must as soon as practicable notify the petitioner of the Minister’s determination not to initiate an investigation. (5) Where the Minister determines that sufficient evidence exists to warrant the initiation of a countervailing duty investigation and that such an investigation is in the public interest, the Minister must notify the appropriate interested parties and publish a notice of initiation of investigation. (6) The Minister may, in special circumstances, initiate a countervailing duty investigation on his or her own accord where he or she has sufficient evidence of each of the elements specified in section 3(1). (7) Where the Minister decides to initiate an investigation under subsection (6), he or she must notify the appropriate interested parties and publish a notice of initiation of investigation. (8) Despite any provision in this section, the Minister must not initiate an investigation unless he or she has determined on the basis of an examination of the degree of support for, or opposition to, any written petition submitted under subsection (1) — ( a ) that the written petition is supported by domestic producers of like goods whose collective output constitutes more than 50% of the total production of the like goods produced by that portion of the domestic industry expressing either support for or opposition to the written petition; and ( b ) that the domestic producers of like goods expressly supporting the written petition account for at least 25% of the total production of the like goods produced by the domestic industry. (9) For the purposes of subsection (8), in the case of fragmented industries involving an exceptionally large number of producers, the Minister may determine the support and opposition by using statistically valid sampling techniques.


document_id: cadda-1996
provision_ref: s5
chapter: PART 2 - COUNTERVAILING DUTIES
section: 5
title: Consultations with interested foreign governments
content:
5. —(1) Before initiating a countervailing duty investigation and throughout such an investigation, the Minister must provide any interested foreign government an opportunity for consultation for the purpose of clarifying matters relevant to the investigation and arriving at a mutually agreed solution. (2) The consultations must not impede the conduct of the investigation.


document_id: cadda-1996
provision_ref: s6
chapter: PART 2 - COUNTERVAILING DUTIES
section: 6
title: Duration of investigation
content:
6. All countervailing duty investigations must, except in special circumstances, be concluded by the Minister within one year, and in no case more than 18 months after initiation.


document_id: cadda-1996
provision_ref: s7
chapter: PART 2 - COUNTERVAILING DUTIES
section: 7
title: Preliminary determination of subsidy and injury
content:
7. —(1) The Minister must, within such period as may be prescribed, make a preliminary determination regarding — ( a ) whether a countervailable subsidy is being provided with respect to the subject goods, and the amount of such countervailable subsidy; and ( b ) whether injury is found to exist in any one of the following ways: (i) the subject goods are, through the effects of the subsidy, causing material injury to the domestic industry in Singapore producing like goods; (ii) the subject goods are, through the effects of the subsidy, threatening to cause material injury to the domestic industry in Singapore producing like goods; (iii) the subject goods are, through the effects of the subsidy, causing material retardation of the establishment of the domestic industry in Singapore. (2) If the Minister makes a negative preliminary determination under subsection (1), he or she must publish a notice stating the reasons therefor and may terminate the investigation if the Minister is satisfied that there is insufficient evidence of either subsidisation or of injury to justify proceeding with the investigation. (3) If the Minister makes an affirmative preliminary determination under subsection (1), he or she must continue the investigation and publish a notice of — ( a ) the affirmative preliminary determination stating the reasons for the Minister’s determination under subsection (1)( a ) and ( b ); and ( b ) the provisional measures applicable.


document_id: cadda-1996
provision_ref: s8
chapter: PART 2 - COUNTERVAILING DUTIES
section: 8
title: Provisional measures
content:
8. —(1) The Minister must apply provisional measures with regard to the subject goods imported into Singapore on or after the publication of the notice of affirmative preliminary determination where the Minister determines that such measures are necessary to prevent the injury referred to in section 7(1)( b ) from occurring during the period of investigation. (2) Provisional measures must not be imposed sooner than 60 days from the date of initiation of the investigation. (3) Provisional measures must take the form of a provisional duty or a security equal to the amount of the estimated countervailable subsidy determined under section 7(1). (4) The application of provisional measures is to be limited to as short a period as possible but must in no case exceed 4 months.


document_id: cadda-1996
provision_ref: s9
chapter: PART 2 - COUNTERVAILING DUTIES
section: 9
title: Final determination of subsidy and injury
content:
9. —(1) The Minister must, within such period as may be prescribed, make a final determination regarding — ( a ) whether a countervailable subsidy is being provided with respect to the subject goods, and the amount of such countervailable subsidy; and ( b ) whether injury is found to exist in any one of the following ways: (i) the subject goods are, through the effects of the subsidy, causing material injury to the domestic industry in Singapore producing like goods; (ii) the subject goods are, through the effects of the subsidy, threatening to cause material injury to the domestic industry in Singapore producing like goods; (iii) the subject goods are, through the effects of the subsidy, causing material retardation of the establishment of the domestic industry in Singapore. (2) Where the Minister makes a negative final determination under subsection (1), he or she must — ( a ) terminate the investigation; ( b ) terminate any provisional measures applied under section 8 and refund any provisional duty paid and release any security required by such measures; and ( c ) publish a notice of the negative final determination stating the reasons therefor. (3) Where the Minister makes an affirmative final determination under subsection (1), he or she must — ( a ) publish a notice of the affirmative final determination stating the reasons therefor, the countervailing duties applicable and the subject goods on which the countervailing duties apply; ( b ) impose countervailing duties in accordance with section 3(2) on the subject goods imported into Singapore on or after the date of publication of the affirmative final determination; and ( c ) impose countervailing duties in accordance with subsections (5) and (6) on imports into Singapore for which provisional measures were applied. (4) Where an affirmative final determination has been made, the Minister may take into consideration public interest in determining whether to impose countervailing duties and the amount of such duties. (5) The Minister must impose countervailing duties on the subject goods against which provisional measures were applied if the Minister — ( a ) makes a determination of material injury under subsection (1)( b )(i); or ( b ) makes a determination of threat of material injury under subsection (1)( b )(ii) and finds that the import of the subject goods, in the absence of the provisional measures, would have led to a finding of material injury under subsection (1)( b )(i). (6) With respect to the imposition of any countervailing duty under subsection (5) — ( a ) where the countervailing duty is higher than the provisional duty or the amount guaranteed by the security required under the provisional measures, only the amount equal to the provisional duty or the security given is to be imposed; and ( b ) where the countervailing duty is less than the provisional duty or the amount guaranteed by the security required under the provisional measures, the full amount of the countervailing duty is to be imposed and the excess provisional duty paid or security given must be reimbursed or released. (7) Where no countervailing duties are imposed under subsection (5) on the subject goods against which the provisional measures were applied, the Minister must refund the provisional duty paid and release the security required by the provisional measures. (8) Despite subsections (3) and (5), the Minister may impose countervailing duties on the subject goods imported into Singapore within a period of 90 days prior to the application of provisional measures, but in no case earlier than the date of initiation of the investigation, if — ( a ) the Minister finds injury that is difficult to repair; ( b ) such injury is being caused by massive imports of the subject goods in a relatively short period of time and the Minister considers the retroactive imposition of duties necessary to preclude the recurrence of such injury; and ( c ) countervailable subsidies are being provided with respect to the subject goods in a manner inconsistent with the provisions of the General Agreement of Tariffs and Trade 1994 and the Agreement on Subsidies and Countervailing Measures. (9) When a countervailing duty is imposed on the subject goods, such countervailing duty must, as provided in the regulations, be imposed in the appropriate amount on a non‑discriminatory basis on all imports of such goods into Singapore from the country found to be subsidising the subject goods.


document_id: cadda-1996
provision_ref: s10
chapter: PART 2 - COUNTERVAILING DUTIES
section: 10
title: Termination of investigation
content:
10. —(1) Despite any other provisions of this Act but subject to subsection (2), an investigation may be terminated at any time if — ( a ) the petitioner withdraws the petition; or ( b ) the Minister determines that such termination is in the public interest. (2) An investigation must be terminated immediately if the Minister determines that the amount of countervailable subsidy is de minimis or that the volume of subsidised imports, actual or potential, or the injury, is negligible. (3) For the purpose of subsection (2) — ( a ) the amount of countervailable subsidy is considered to be de minimis if the amount is less than the prescribed percentage, expressed as an ad valorem percentage; and ( b ) the volume of subsidised imports is regarded as negligible if the volume of subsidised imports from a particular country is found to account for less than the prescribed percentage of the imports of the like goods into Singapore. (4) If a termination under subsection (1) or (2) occurs prior to the preliminary determination, the Minister must publish a notice of such termination stating the reasons therefor. (5) If a termination under subsection (1) or (2) occurs after the preliminary determination, the Minister must — ( a ) terminate any provisional measures applied and refund the provisional duties paid or release the security required by such measures; and ( b ) publish a notice of such termination stating the reasons therefor.


document_id: cadda-1996
provision_ref: s11
chapter: PART 2 - COUNTERVAILING DUTIES
section: 11
title: Suspension of investigation
content:
11. —(1) An investigation may be suspended if undertakings are accepted by the Minister. (2) Before accepting the undertakings, the Minister must determine that such undertakings — ( a ) will eliminate the countervailable subsidy or the injurious effects caused by the subject goods; ( b ) can be monitored effectively; and ( c ) are in the public interest. (3) If the undertakings are accepted by the Minister, which undertakings may be accepted only after an affirmative preliminary determination, the Minister must — ( a ) suspend the investigation; ( b ) suspend any provisional measures applied under section 8 and refund the provisional duty paid and release the security required by such measures as the Minister thinks appropriate; and ( c ) publish a notice stating the reasons for the suspension of the investigation and the actions under paragraph ( b ). (4) Despite the acceptance of the undertakings, the investigation is to be completed upon the written request of the interested foreign government or if the Minister so decides. (5) Where the Minister completes the investigation under subsection (4) or for any other reason, and makes an affirmative final determination, the undertakings remain in effect subject to the provisions of this Act. (6) Where the Minister completes the investigation under subsection (4) or for any other reason, and makes a negative determination, the undertakings lapse except in circumstances referred to in subsection (7). (7) Where the negative determination referred to in subsection (6) is due in large part to the existence of the undertakings, the undertakings may be maintained subject to the provisions of this Act. (8) The Minister may take any action under subsection (9) or (10) at any time if he or she determines that — ( a ) the undertakings accepted under subsection (1) no longer meet the requirements of subsection (2); or ( b ) there is a material violation of the undertakings. (9) Where an investigation has not been completed despite subsection (4), the Minister may resume the investigation and take expeditious action to — ( a ) make a preliminary determination under section 7; ( b ) apply provisional measures in conformity with section 8 if appropriate; and ( c ) make a final determination under section 9 within the prescribed period after the publication of the preliminary determination. (10) Where an investigation has been completed under subsection (4), the Minister may forthwith make a final determination under section 9 and collect the countervailing duties applicable. (11) The Minister may use the facts available with respect to any determination under subsection (9) where a material violation of the undertakings occurs. (12) Where the Minister resumes an investigation under subsection (8)( b ), the Minister may impose countervailing duties in conformity with section 9 on the subject goods imported into Singapore within a period of 90 days prior to the provisional measures applied under subsection (9)( b ). (13) No retroactive assessment under subsection (12) may be applied to the subject goods imported prior to the violation of the undertakings.


document_id: cadda-1996
provision_ref: s12
chapter: PART 2 - COUNTERVAILING DUTIES
section: 12
title: Review by Minister
content:
12. —(1) Whenever any interested party provides information to the Minister, or the Minister otherwise obtains information, that — ( a ) the amount of countervailable subsidy has changed substantially; ( b ) a refund of the countervailing duty imposed is appropriate; ( c ) the imposition of a countervailing duty is no longer necessary; ( d ) an undertaking is no longer necessary or should be modified; ( e ) a countervailing duty or undertaking which is required to be terminated under subsection (7) should be maintained; or ( f ) an expedited review is required for exporters who were not previously investigated, the Minister must conduct a review if he or she determines that such review is in the public interest or is required under the Agreement on Subsidies and Countervailing Measures. (2) No review may be undertaken under subsection (1) unless the period prescribed has lapsed. (3) If the Minister decides to conduct a review under subsection (1), he or she must — ( a ) publish a notice of the initiation of a review; and ( b ) conduct such review and allow interested parties an opportunity to provide comments. (4) Any review conducted under this section must be completed within such period as may be prescribed. (5) On the completion of the review, the Minister must publish a final determination in the review stating the reasons therefor. (6) Except in the case of a review under subsection (1)( b ) or an expedited review under subsection (1)( f ), any determination made under subsection (5) applies to the subject goods imported on or after the date of publication of the final determination in the review. (7) Countervailing duties must not be collected on imports made after 5 years from the date of the publication of the notice of the final determination and undertakings automatically lapse with respect to imports made after 5 years from the date of publication of the notice of suspension of the investigation, unless the Minister determines on the basis of a review under this section that the termination of such duties or undertaking would be likely to lead to continuation or recurrence of subsidisation and injury.


document_id: cadda-1996
provision_ref: s13
chapter: PART 2 - COUNTERVAILING DUTIES
section: 13
title: Review by Tribunal
content:
13. —(1) An interested party has the right of review by the Tribunal against any — ( a ) affirmative or negative final determination under section 9; or ( b ) final determination in the review under section 12(5). (2) An application for review must be filed within 30 days of the date of the notice of final determination under section 9 or of the date of publication of the final determination under section 12(5). (3) The Tribunal may, upon review, affirm the determination or remit the matter to the Minister for reconsideration. (4) The Minister must implement any decision of the Tribunal under subsection (3).


document_id: cadda-1996
provision_ref: s14
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 14
title: Imposition of anti-dumping duties
content:
14. —(1) The Minister may impose an anti-dumping duty on the subject goods imported into Singapore where he or she determines — ( a ) that the export price of the subject goods is less than the normal value; and ( b ) that injury is found to exist in any one of the following ways: (i) the subject goods are, through the effects of dumping, causing material injury to the domestic industry in Singapore producing like goods; (ii) the subject goods are, through the effects of dumping, threatening to cause material injury to the domestic industry in Singapore producing like goods; (iii) the subject goods are, through the effects of dumping, causing material retardation of the establishment of the domestic industry in Singapore. (2) The amount of anti-dumping duty to be imposed — ( a ) is equal to the dumping margin determined to exist with respect to the subject goods; or ( b ) if the Minister determines that a lower anti-dumping duty will be sufficient to eliminate the injury determined in subsection (1)( b ), is such lower duty. (3) For the purposes of this section — ( a ) it must be demonstrated that the subject goods are causing injury within the meaning of this Act; ( b ) the demonstration of a causal relationship between the subject goods and the injury to the domestic industry must be based on an examination of all relevant evidence before the Minister; ( c ) the Minister must also examine any known factors other than the subject goods which at the same time are injuring the domestic industry, and the injuries caused by these other factors must not be attributed to the subject goods.


document_id: cadda-1996
provision_ref: s15
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 15
title: Normal value
content:
15. —(1) For the purpose of this Act, the normal value of any subject goods is the comparable price actually paid or payable in the ordinary course of trade for like goods sold for consumption in the domestic market of the exporting country. (2) Where there are no sales in the domestic market of the exporting country under subsection (1), or where, because of the particular market situation or the low volume of the sales in the domestic market of the exporting country, such sales do not permit a proper comparison, the normal value of the subject goods is — ( a ) the comparable price actually paid or payable in the ordinary course of trade for like goods exported to any appropriate third country, provided that such price is representative; or ( b ) the constructed value of the subject goods which must include the cost of production in the exporting country, plus a reasonable amount for profits. (3) For the purpose of subsection (2), sales of like goods destined for consumption in the domestic market of the exporting country or the appropriate third country is normally considered a sufficient quantity for the determination of the normal value if such sales constitute 5% or more of the sales of the subject goods to Singapore, except that a lower ratio is acceptable where the evidence shows that domestic sales at such lower ratio are of sufficient magnitude to provide for a proper comparison. (4) Sales of the like goods in the domestic market of the exporting country or sales to a third country at prices below per unit cost of production may be treated as not being in the ordinary course of trade by reason of price and may be disregarded in determining normal value only if the Minister determines that such sales are made within an extended period of time in substantial quantities and are at prices which do not provide for the recovery of all costs within a reasonable period of time. (5) For the purpose of determining the cost of production referred to in subsections (2)( b ) and (4), the cost of production must be computed on the basis of all fixed and variable costs of manufacturing for sale in the exporting country plus a reasonable amount for selling, administrative and other general expenses. (6) In the circumstances described in subsection (4), the normal value of any subject goods may be determined on the basis of — ( a ) the remaining sales in the domestic market made at a price which is not less than the cost of production, provided that such remaining sales are in sufficient quantities; or ( b ) where the sale does not exist in sufficient quantities in the domestic market, the remaining sales in the third country market made at a price which is not less than the cost of production, provided that such remaining sales are in sufficient quantities. (7) Where the remaining sales are not in sufficient quantities for the calculation of normal value under subsection (6), the normal value of any subject goods may be determined on the basis of the constructed value as described in subsection (2)( b ).


document_id: cadda-1996
provision_ref: s16
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 16
title: Export price
content:
16. —(1) The export price of any subject goods is the price actually paid or payable for the subject goods. (2) Where there is no export price, or where there is an association or a compensatory arrangement between the exporter and the importer or a third party and it appears that the price actually paid or payable for the subject goods is unreliable, the export price may be constructed on the basis of the price at which the subject goods are first resold to an independent buyer or, if the subject goods are not resold to an independent buyer or not resold in the condition imported, on any reasonable basis. (3) If the export price is constructed as described in subsection (2), allowance must be made for all costs incurred between importation and resale.


document_id: cadda-1996
provision_ref: s17
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 17
title: Comparison of normal value and export price
content:
17. —(1) A fair comparison must be made between the export price and the normal value of any subject goods, and due allowance must be made in each case on its merits for differences which affect price comparability. (2) The comparison under subsection (1) must be made at the same level of trade, normally at the ex-factory level, and in respect of sales made at as nearly as possible the same time. (3) Subject to subsections (1) and (2), the existence of the margin of dumping must, unless otherwise provided by regulations, normally be established on the basis of a comparison of a weighted average normal value with a weighted average of prices of all comparable export transactions of the subject goods.


document_id: cadda-1996
provision_ref: s18
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 18
title: Subject goods from non-market economy country
content:
18. Where the country of origin of any subject goods is a non‑market economy country, the normal value of the subject goods must be determined in the prescribed manner.


document_id: cadda-1996
provision_ref: s19
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 19
title: Initiation of investigation
content:
19. —(1) A written petition requesting that an anti-dumping duty investigation be initiated with regard to goods imported, or likely to be imported, into Singapore may be submitted to the Minister by any person on behalf of the domestic industry producing like goods. (2) A petition must be in such form as may be determined by the Minister and must include evidence of each of the elements specified in section 14(1) and all other evidence that may be prescribed. (3) The Minister must, within the period prescribed, review the petition and other available information and determine whether — ( a ) sufficient evidence to warrant the initiation of an investigation into whether the elements necessary for the imposition of an anti-dumping duty as provided under section 14(1) exists; and ( b ) such an investigation is in the public interest. (4) Where the Minister determines that sufficient evidence does not exist to warrant the initiation of an anti-dumping duty investigation or that such an investigation is not in the public interest, the Minister must as soon as practicable notify the petitioner of his or her determination not to initiate an investigation. (5) Where the Minister determines that sufficient evidence exists to warrant the initiation of an anti-dumping duty investigation and that such an investigation is in the public interest, the Minister must notify the appropriate interested parties and publish a notice of initiation of investigation. (6) The Minister may, in special circumstances, initiate an anti‑dumping duty investigation on his or her own accord where he or she has sufficient evidence of each of the elements specified in section 14(1). (7) Where the Minister decides to initiate an investigation under subsection (6), he or she must notify the appropriate interested parties and publish a notice of initiation of investigation. (8) Despite any provision in this section, the Minister must not initiate an investigation unless he or she has determined on the basis of an examination of the degree of support for, or opposition to, any written petition submitted under subsection (1) — ( a ) that the written petition is supported by domestic producers of like goods whose collective output constitutes more than 50% of the total production of the like goods produced by that portion of the domestic industry expressing either support for or opposition to the written petition; and ( b ) that the domestic producers of like goods expressly supporting the written petition account for at least 25% of the total production of the like goods produced by the domestic industry. (9) For the purposes of subsection (8), in the case of fragmented industries involving an exceptionally large number of producers, the Minister may determine the support and opposition by using statistically valid sampling techniques.


document_id: cadda-1996
provision_ref: s20
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 20
title: Duration of investigation
content:
20. All anti-dumping duty investigations must, except in special circumstances, be concluded by the Minister within one year, and in no case more than 18 months after initiation.


document_id: cadda-1996
provision_ref: s21
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 21
title: Preliminary determination of dumping and injury
content:
21. —(1) The Minister must, within such period as may be prescribed, make a preliminary determination regarding — ( a ) whether a dumping margin exists with respect to the subject goods, and the amount of such a margin; and ( b ) whether injury is found to exist in any one of the following ways: (i) the subject goods are, through the effects of dumping, causing material injury to the domestic industry in Singapore producing like goods; (ii) the subject goods are, through the effects of dumping, threatening to cause material injury to the domestic industry in Singapore producing like goods; (iii) the subject goods are, through the effects of dumping, causing material retardation of the establishment of the domestic industry in Singapore. (2) If the Minister makes a negative preliminary determination under subsection (1), he or she must publish a notice stating the reasons therefor and may terminate the investigation if the Minister is satisfied that there is insufficient evidence of either dumping or of injury to justify proceeding with the investigation. (3) If the Minister makes an affirmative preliminary determination under subsection (1), he or she must continue the investigation and publish a notice of — ( a ) the affirmative preliminary determination stating the reasons for the Minister’s determination under subsection (1)( a ) and ( b ); and ( b ) the provisional measures applicable.


document_id: cadda-1996
provision_ref: s22
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 22
title: Provisional measures
content:
22. —(1) The Minister must apply provisional measures with regard to the subject goods imported into Singapore on or after the publication of the notice of affirmative preliminary determination where the Minister determines that such measures are necessary to prevent the injury referred to in section 21(1)( b ) from occurring during the period of investigation. (2) Provisional measures must not be imposed sooner than 60 days from the date of initiation of the investigation. (3) Provisional measures must take the form of a provisional duty or a security equal to the amount of the estimated dumping margin determined under section 21(1). (4) Provisional measures imposed under this section must not exceed such period as may be prescribed.


document_id: cadda-1996
provision_ref: s23
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 23
title: Final determination of dumping and injury
content:
23. —(1) The Minister must, within such period as may be prescribed, make a final determination regarding — ( a ) whether a dumping margin exists with regard to the subject goods, and the amount of such margin; and ( b ) whether injury is found to exist in any one of the following ways: (i) the subject goods are, through the effects of dumping, causing material injury to the domestic industry in Singapore producing like goods; (ii) the subject goods are, through the effects of dumping, threatening to cause material injury to the domestic industry in Singapore producing like goods; (iii) the subject goods are, through the effects of dumping, causing material retardation of the establishment of the domestic industry in Singapore. (2) Where the Minister makes a negative final determination under subsection (1), he or she must — ( a ) terminate the investigation; ( b ) terminate any provisional measures applied under section 22 and refund any provisional duty paid and release any security required by such measures; and ( c ) publish a notice of the negative final determination stating the reasons therefor. (3) Where the Minister makes an affirmative final determination under subsection (1), he or she must — ( a ) publish a notice of the affirmative final determination stating the reasons therefor, the anti‑dumping duties applicable and the subject goods on which the anti‑dumping duties apply; ( b ) impose anti-dumping duties in the amounts determined in the final determination in accordance with section 14(2) on the subject goods imported into Singapore on or after the date of publication of the final determination; and ( c ) impose anti-dumping duties in accordance with subsections (5) and (6) on imports into Singapore for which provisional measures were applied. (4) Where an affirmative final determination has been made, the Minister may take into consideration public interest in determining whether to impose anti-dumping duties and the amount of such duties. (5) The Minister must impose anti‑dumping duties on the subject goods against which provisional measures were applied if the Minister — ( a ) makes a determination of material injury under subsection (1)( b )(i); or ( b ) makes a determination of threat of material injury under subsection (1)( b )(ii) and finds that the import of the subject goods, in the absence of the provisional measures, would have led to a finding of material injury under subsection (1)( b )(i). (6) With respect to the imposition of any anti-dumping duty under subsection (5) — ( a ) where the anti‑dumping duty is higher than the provisional duty or the amount guaranteed by the security required under the provisional measures, only the amount equal to the provisional duty or the security given is to be imposed; and ( b ) where the anti‑dumping duty is less than the provisional duty or the amount guaranteed by the security required under the provisional measures, the full amount of the anti‑dumping duty must be imposed and the excess amount of the provisional duty paid or security given must be reimbursed or released. (7) Where no anti-dumping duties are imposed under subsection (5) on the subject goods against which the provisional measures were applied, the Minister must refund the provisional duty paid and release the security required by the provisional measures. (8) Despite subsections (3) and (5), the Minister may impose anti‑dumping duties on the subject goods imported into Singapore within a period of 90 days prior to the application of provisional measures, but in no case earlier than the date of the initiation of the investigation, if — ( a ) there is a history of dumping which caused injury, or the importer was or should have been aware that the exporter practises dumping and that such dumping would cause injury; and ( b ) the injury is caused by massive dumped imports of the subject goods in a relatively short period of time which in the light of the timing and the volume of such imports and other circumstances (such as a rapid build-up of inventories of the subject goods) is likely to seriously undermine the remedial effect of the anti‑dumping duty to be imposed. (9) When an anti-dumping duty is imposed on the subject goods, such anti‑dumping duty must be imposed in the appropriate amount as provided by regulations made under this Act.


document_id: cadda-1996
provision_ref: s24
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 24
title: Termination of investigation
content:
24. —(1) Despite any other provisions of this Act but subject to subsection (2), an investigation may be terminated at any time if — ( a ) the petitioner withdraws the petition; or ( b ) the Minister determines that such termination is in the public interest. (2) An investigation must be terminated immediately if the Minister determines that the margin of dumping is de minimis or that the volume of imports of the subject goods, actual or potential, or the injury, is negligible. (3) For the purpose of subsection (2) — ( a ) the margin of dumping is considered to be de minimis if the margin is less than 2%, expressed as a percentage of the export price; and ( b ) the volume of imports of the subject goods is normally regarded as negligible if the volume of imports of the subject goods from a particular country is found to account for less than 3% of imports of the like goods into Singapore, unless the subject goods from countries which individually account for less than 3% of imports of the like goods into Singapore collectively account for more than 7% of imports of the like goods into Singapore. (4) If a termination under subsection (1) or (2) occurs prior to the preliminary determination, the Minister must publish a notice of such termination stating the reasons therefor. (5) If a termination under subsection (1) or (2) occurs after the preliminary determination, the Minister must — ( a ) terminate any provisional measures referred to in section 22 and refund the provisional duties paid or release the security required by such measures; and ( b ) publish a notice of such termination stating the reasons therefor.


document_id: cadda-1996
provision_ref: s25
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 25
title: Suspension of investigation
content:
25. —(1) An investigation may be suspended if undertakings are accepted by the Minister. (2) Before accepting the undertakings, the Minister must determine that such undertakings — ( a ) will eliminate the dumping margin or the injurious effects caused by the subject goods; ( b ) can be monitored effectively; and ( c ) are in the public interest. (3) If the undertakings are accepted by the Minister, which undertakings may be accepted only after an affirmative preliminary determination, the Minister must — ( a ) suspend the investigation; ( b ) suspend any provisional measures applied under section 22 and refund the provisional duty paid and release the security required by such measures as the Minister thinks appropriate; and ( c ) publish a notice stating the reasons for the suspension of the investigation and the actions under paragraph ( b ). (4) Despite the acceptance of the undertakings, the investigation is to be completed upon the written request of the exporters of the subject goods submitted by the interested foreign government or if the Minister so decides. (5) Where the Minister completes the investigation under subsection (4) or for any other reason, and makes an affirmative final determination, the undertakings remain in effect subject to the provisions of this Act. (6) Where the Minister completes the investigation under subsection (4) or for any other reason, and makes a negative determination, the undertakings lapse except in circumstances referred to in subsection (7). (7) Where the negative determination referred to in subsection (6) is due in large part to the existence of the undertakings, the undertakings may be maintained subject to the provisions of this Act. (8) The Minister may take any action under subsection (9) or (10) at any time if he or she determines that — ( a ) the undertakings accepted under subsection (1) no longer meet the requirements of subsection (2); or ( b ) there is a material violation of the undertakings. (9) Where an investigation has not been completed despite subsection (4), the Minister may resume the investigation and take expeditious action to — ( a ) make a preliminary determination under section 21; ( b ) apply provisional measures in conformity with section 22 if appropriate; and ( c ) make a final determination under section 23 within 120 days after the publication of the preliminary determination. (10) Where an investigation has been completed under subsection (5), the Minister may immediately make a final determination under section 23 and collect the anti-dumping duties applicable. (11) The Minister may use the facts available with respect to any determination under subsection (9) or (10) where a material violation of the undertakings occurs under subsection (8)( b ). (12) Where the Minister resumes an investigation under subsection (8)( b ), the Minister may impose anti-dumping duties in conformity with section 23 on the subject goods imported into Singapore within a period of 90 days prior to the provisional measures applied under subsection (9)( b ). (13) No retroactive assessment under subsection (12) may be applied to the subject goods imported prior to the violation of the undertakings.


document_id: cadda-1996
provision_ref: s26
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 26
title: Review by Minister
content:
26. —(1) Whenever any interested party provides information to the Minister, or the Minister otherwise obtains information, that — ( a ) the dumping margin has changed substantially; ( b ) a refund of an anti-dumping duty is appropriate; ( c ) the imposition of an anti-dumping duty is no longer necessary; ( d ) an undertaking is no longer necessary or should be modified; ( e ) an anti-dumping duty which is required to be terminated under subsection (7) should be maintained; or ( f ) an expedited review is required for exporters or producers who did not export the subject goods to Singapore during the period of investigation, the Minister must conduct a review if he or she determines that such review is in the public interest or is required under the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994. (2) No review may be undertaken under subsection (1) unless the period prescribed has lapsed. (3) If the Minister decides to conduct a review under subsection (1), he or she must — ( a ) publish a notice of the initiation of a review; and ( b ) conduct such review and allow interested parties an opportunity to provide comments. (4) Any review conducted under this section must be completed within such period as may be prescribed. (5) On the completion of the review, the Minister must publish a final determination in the review stating the reasons therefor. (6) Except in the case of a review for a refund under subsection (1)( b ) or an expedited review under subsection (1)( f ), any determination made under subsection (5) applies to the subject goods imported on or after the date of publication of the final determination in the review. (7) Anti-dumping duties must not be collected on imports made after 5 years from the date of publication of the notice of the final determination and undertakings automatically lapse with respect to imports made after 5 years from the date of publication of the notice of suspension of investigation, unless the Minister determines on the basis of a review under this section that the termination of such duties or undertaking would be likely to lead to continuation or recurrence of dumping and injury.


document_id: cadda-1996
provision_ref: s27
chapter: PART 3 - ANTI-DUMPING DUTIES
section: 27
title: Review by Tribunal
content:
27. —(1) An interested party has the right of review by the Tribunal against any — ( a ) affirmative or negative final determination under section 23; or ( b ) final determination in the review under section 26(5). (2) An application for review must be filed within 30 days of the date of the notice of affirmative or negative final determination under section 23 or of the date of the final determination in the review under section 26(5). (3) The Tribunal may, upon review, affirm the determination or remit the matter to the Minister for reconsideration. (4) The Minister must implement any decision of the Tribunal under subsection (3).


document_id: cadda-1996
provision_ref: s28
chapter: PART 4 - ADMINISTRATION
section: 28
title: Administrative matters
content:
28. —(1) Subject to the provisions of this Act, any investigation or action to be conducted or taken under this Act or any regulations made under this Act is to be conducted or taken by any person authorised in writing by the Minister. (2) If any question arises as to whether any particular goods are or are not included in any notification given under this Act or any regulations made under this Act, the Minister must determine the scope of the notification after giving interested parties an opportunity to comment on the scope of the notification.


document_id: cadda-1996
provision_ref: s29
chapter: PART 4 - ADMINISTRATION
section: 29
title: Protection from personal liability
content:
29. No suit or other legal proceedings shall lie against any person authorised under this Act for or on account of or, in respect of, anything which is in good faith done or intended to be done in the execution or purported execution of this Act or any regulations made under this Act.


document_id: cadda-1996
provision_ref: s30
chapter: PART 4 - ADMINISTRATION
section: 30
title: Establishment of Anti-Dumping Tribunal
content:
30. —(1) There is established an Anti-Dumping Tribunal to perform the functions specified in sections 13 and 27. (2) The Minister is to appoint the Chairperson of the Tribunal and not more than 2 other persons as members of the Tribunal. (3) The Chairperson and members of the Tribunal hold office for such period not exceeding 3 years as may be determined by the Minister and are eligible for re‑appointment. (4) The Minister is to determine the remuneration and other terms and conditions of the appointment of the Chairperson and members of the Tribunal. (5) No person may be appointed or continue to hold office as a member of the Tribunal if he or she — ( a ) has a mental disorder and is incapable of managing himself or herself or his or her affairs; ( b ) is an undischarged bankrupt or has made any arrangement or composition with his or her creditors; or ( c ) is convicted of an offence involving dishonesty, fraud or moral turpitude and has not received a free pardon. [21/2008] (6) The Chairperson or any member of the Tribunal may at any time resign from his or her office by giving written notice to the Minister. (7) The Chairperson and members of the Tribunal are deemed to be public servants for the purposes of the Penal Code 1871. (8) The Tribunal must review the evidence on the record to ascertain whether there is substantial evidence on the record to support the Minister’s decision. (9) In any review — ( a ) the procedure to be followed is within the Tribunal’s discretion; and ( b ) the Tribunal — (i) is not bound to act in a formal manner; and (ii) is not bound by the rules of evidence. (10) The Tribunal has powers to do all things necessary or convenient to be done for or in connection with the performance of its functions under this Act. (11) The Minister may make such rules as may be necessary or expedient for the purpose of enabling the Tribunal to carry out its functions and, in particular, may make rules to provide for the constitution, officers and proceedings of the Tribunal. (12) In this section, “Minister” means the Minister charged with the responsibility for law.


document_id: cadda-1996
provision_ref: s31
chapter: PART 4 - ADMINISTRATION
section: 31
title: Delegation
content:
31. —(1) The Minister may, by writing under his or her hand, delegate to any person, either generally or otherwise, all or any of the Minister’s powers and functions under this Act or any regulations made under this Act except his or her powers under sections 3, 9, 14, 23 and 46; and any reference in this Act or those regulations to the Minister includes (unless the context otherwise requires) a reference to a delegate. (2) A delegate of the Minister is, in the exercise of the delegate’s powers and the performance of the delegate’s functions under this Act or any regulations made under this Act, other than in the delegate being satisfied or having an opinion as to any matter, subject to the directions of the Minister.


document_id: cadda-1996
provision_ref: s32
chapter: PART 4 - ADMINISTRATION
section: 32
title: Application of Customs Act 1960
content:
32. —(1) This Act is to be construed as one with the Customs Act 1960 and, unless otherwise provided in this Act, for the purposes of the interpretation of this Act, section 3 of the Customs Act 1960 applies to this Act in the same manner as it applies for the purposes of the interpretation of the Customs Act 1960. (2) In the event of any inconsistency occurring between the provisions of the Customs Act 1960 and the provisions of this Act, the provisions of this Act prevail. (3) Any countervailing or anti-dumping duty imposed under this Act must be paid to the Director-General of Customs. [4/2003] (4) The Customs Act 1960 applies, to the extent relevant and with such exceptions or modifications as may be prescribed, to any countervailing or anti-dumping duty as it applies to a customs duty or excise duty imposed under the provisions of the Customs Act 1960. [33/2000]


document_id: cadda-1996
provision_ref: s33
chapter: PART 5 - GENERAL
section: 33
title: Currency conversion
content:
33. —(1) If, for the purposes of this Act, the comparison of the export prices of goods exported to Singapore and corresponding normal values of like goods requires a conversion of currencies, that conversion, subject to subsections (3) and (5), must be made using the rate of exchange on the date of sale. (2) The date of sale is, insofar as is appropriate, the date of contract, purchase order, order confirmation or invoice as determined by the Minister as that which establishes the material terms of the sale of the exported goods. (3) If, in relation to goods exported to Singapore, a forward rate of exchange is used, the Minister must, in any conversion of currencies under subsection (1), use that rate of exchange. (4) If — ( a ) the comparison referred to in subsection (1) requires the conversion of currencies; and ( b ) the rate of exchange between those currencies has undergone a short-term fluctuation, the Minister must, for the purposes of that comparison, disregard that fluctuation. (5) If — ( a ) the comparison referred to in subsection (1) requires the conversion of currencies; and ( b ) the Minister is satisfied that the rate of exchange between those currencies has undergone a sustained movement during the period of investigation, the Minister must allow exporters at least 60 days to adjust their export prices to reflect the sustained movement.


document_id: cadda-1996
provision_ref: s34
chapter: PART 5 - GENERAL
section: 34
title: Notice of information and opportunities to present evidence
content:
34. —(1) All interested parties in a countervailing or anti-dumping duty investigation or review must be given notice of the information required by the Minister and opportunities to present all evidence they consider relevant. (2) The Minister must, whenever practicable, provide timely opportunities for all interested parties to see information submitted that is not confidential and which is relevant to the presentation of their case. (3) Throughout a countervailing or anti-dumping investigation or review, all interested parties are to have a full opportunity for the defence of their interests. (4) The Minister must, on request, provide timely opportunities for all interested parties to meet those parties with adverse interests, so that opposing views may be presented and rebuttal arguments offered. (5) Provision of such opportunities mentioned in subsection (4) must take account of the need to preserve confidentiality and of the convenience to the parties. (6) There is no obligation on any party to attend a meeting, and failure to do so is not prejudicial to that party’s case. (7) Interested parties also have the right, on justification, to present other information orally which must be reproduced in writing. (8) The Minister must, before a final determination is made in an investigation or review, inform all interested parties of the essential facts under consideration which form the basis for the decision.


document_id: cadda-1996
provision_ref: s35
chapter: PART 5 - GENERAL
section: 35
title: Submission of confidential information
content:
35. —(1) Any information which is by its nature confidential, or any information which is provided on a confidential basis to the Minister, the Tribunal or any other person authorised by the Minister must, for good cause shown, be treated as such by the Minister, the Tribunal and any person having access to such information. (2) The confidential nature of a document is not to be used as a reason for refusing to provide it to the Minister, the Tribunal or any person authorised by the Minister. (3) The Minister and the Tribunal are responsible for ensuring the confidentiality of such documents. (4) Confidential information must not be disclosed without specific written permission from the party submitting the confidential information. (5) The Minister or the Tribunal must require parties providing confidential information to furnish non-confidential summaries that are sufficient in detail to permit reasonable understanding of the substance of the confidential information. (6) Where such parties indicate that such information is not susceptible of summary, a statement of reasons why summarisation is not possible must be provided. (7) The Minister or the Tribunal may disregard information presented if — ( a ) the Minister or the Tribunal finds that a request for confidentiality under subsection (1) is not warranted and the supplier of the information nevertheless is unwilling to make the information public; ( b ) the non-confidential summaries as required under subsection (5) are not in sufficient detail; or ( c ) the reasons given for not providing non-confidential summaries under subsection (6) are inadequate and the supplier of the information nevertheless refuses to provide non-confidential summaries.


document_id: cadda-1996
provision_ref: s36
chapter: PART 5 - GENERAL
section: 36
title: Directions by Minister
content:
36. The Minister may give to the Director-General of Customs, any public officer or any officer of any statutory board such written directions in connection with the carrying out of or giving effect to the powers and duties of the Minister under this Act as the Minister thinks fit, and the Director‑General of Customs, public officer or officer must comply with the directions so given. [4/2003]


document_id: cadda-1996
provision_ref: s37
chapter: PART 5 - GENERAL
section: 37
title: Facts available
content:
37. Where any interested party refuses access to, or otherwise does not provide, necessary information within a reasonable period or significantly impedes an investigation or review, including refusal to allow verification of its information, preliminary and final determinations may be made on the basis of the facts available.


document_id: cadda-1996
provision_ref: s38
chapter: PART 5 - GENERAL
section: 38
title: Other practices discovered during investigation or review
content:
38. —(1) If, in the course of an anti-dumping investigation or review, the Minister discovers practices which appear to be dumping but which were not included in the matters alleged in the petition, the Minister may, if there is sufficient time, investigate those practices. (2) If, in the course of a countervailing duty investigation or review, the Minister discovers practices which appear to be countervailable subsidies but which were not included in the matters alleged in the petition, the Minister may, if there is sufficient time, investigate those practices.


document_id: cadda-1996
provision_ref: s39
chapter: PART 5 - GENERAL
section: 39
title: Conduct of investigation where no international obligations apply
content:
39. When no applicable international obligation on countervailing and anti-dumping duties exists between Singapore and any interested foreign government, the Minister may take such action as may be prescribed.


document_id: cadda-1996
provision_ref: s40
chapter: PART 5 - GENERAL
section: 40
title: Transhipment
content:
40. Where goods are not imported into Singapore directly from the country of origin, but are exported to Singapore from an intermediate country, the provisions of this Act and any regulations made under this Act are fully applicable and the transaction, for the purposes of this Act and those regulations, is regarded as having taken place between the country of origin and Singapore.


document_id: cadda-1996
provision_ref: s41
chapter: PART 5 - GENERAL
section: 41
title: Publication of notices
content:
41. All notices required to be published under this Act must be published in the Gazette , unless otherwise specified.


document_id: cadda-1996
provision_ref: s42
chapter: PART 5 - GENERAL
section: 42
title: Double counting not permitted
content:
42. No goods may be subject to both anti-dumping and countervailing duties to compensate for the same situation of dumping and export subsidisation.


document_id: cadda-1996
provision_ref: s44
chapter: PART 5 - GENERAL
section: 44
title: Public servants
content:
44. Any person acting for and on behalf of or under the direction of the Minister under this Act or any regulations made under this Act is deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: cadda-1996
provision_ref: s45
chapter: PART 5 - GENERAL
section: 45
title: Obligation of secrecy
content:
45. —(1) No person who has access to any statement, accounts, record, correspondence, document, information or any other material obtained pursuant to the provisions of this Act or any regulations made under this Act may disclose such statement, accounts, record, correspondence, document, information or other material to any other person unless such disclosure is — ( a ) authorised by the Minister; or ( b ) made for the purposes of this Act. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding one year or to both.


document_id: cadda-1996
provision_ref: s45A
chapter: PART 5 - GENERAL
section: 45A
title: Regulations to give effect to treaties, etc.
content:
45A. The Minister may make regulations — ( a ) to modify the application of the provisions of this Act — (i) to any goods exported or originating from any country; or (ii) to any country or person or description of persons; and ( b ) to exempt any goods exported or originating from any country from all or any of the provisions of this Act, in order to give effect to any obligation binding on Singapore under any international agreement or arrangement. [58/2004]


document_id: cadda-1996
provision_ref: s46
chapter: PART 5 - GENERAL
section: 46
title: Power to make regulations
content:
46. —(1) The Minister may make such regulations as may be necessary or expedient for giving full effect to or for carrying out the provisions of this Act. (2) Without limiting subsection (1), regulations may be made — ( a ) to prescribe the time periods for any action to be taken under this Act; ( b ) to provide for extensions of time for any action to be taken and the circumstances when extensions may be granted; ( c ) to provide for the form and content of notices required for the purposes of this Act and the procedures related to the giving of such notices; ( d ) to provide for the procedures of investigations, reviews and appeals; ( e ) to provide for any fee to be charged in respect of any matter required for the purposes of this Act; ( f ) to provide for the forms of undertakings which may be accepted by the Minister and the procedures related thereto; ( g ) to provide for the applicable currency to be used in any computation required for the purposes of this Act and the rate of exchange applicable for any conversion of currency required; ( h ) to prescribe matters necessary or convenient to be prescribed for carrying out or giving effect to the World Trade Organisation Agreement, the Agreement on Countervailing and Subsidies Measures, the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994 and the Agreement on Agriculture as amended or supplemented by any protocol or agreement to which Singapore is a party; and ( i ) to provide that any person who contravenes the regulations shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both.


document_id: cadda-1996
provision_ref: s47
chapter: PART 5 - GENERAL
section: 47
title: Transitional provision
content:
47. The repealed Customs (Dumping and Subsidies) Act (Cap. 71, 1985 Revised Edition) and any subsidiary legislation made thereunder in force immediately before 1 November 1996 continue to apply to any representation, investigation, application or order made or thing done under that Act or subsidiary legislation as if this Act had not been enacted but do not apply to the procedure for any review of existing measures initiated, pursuant to an application, after that date.


document_id: camc1999a-2007
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Convention” means the Convention for the unification of certain rules relating to international carriage by air opened for signature at Montreal on 28 May 1999, the text of which is set out in the Schedule; “court”, in relation to any arbitration proceedings allowed by Article 34 of the Convention, means the arbitrator or arbitration tribunal hearing the arbitration; “regulations” means regulations made under section 13.


document_id: camc1999a-2007
provision_ref: s3
section: 3
title: Convention to have force of law
content:
3. —(1) Despite any other written law or rule of law but subject to this Act, the provisions of the Convention, so far as they relate to the rights and liabilities of carriers, carriers’ servants and agents, passengers, consignors, consignees and other persons, have the force of law in Singapore in relation to any carriage by air to which the Convention applies regardless of the nationality of the aircraft performing that carriage. (2) Subsection (1) does not affect rights or liabilities arising out of an occurrence before 16 November 2007.


document_id: camc1999a-2007
provision_ref: s4
section: 4
title: State Parties to Convention
content:
4. —(1) For the purposes of this Act, a State Party to the Convention refers to any country that has ratified, accepted, approved or acceded to the Convention in accordance with Article 53 of the Convention. (2) This Act applies to any such State Party to the Convention only in respect of such of its territorial units as it has, by a declaration made under Article 56 of the Convention, declared to be a territorial unit to which the Convention is to apply.


document_id: camc1999a-2007
provision_ref: s5
section: 5
title: Liability for fatal accidents under Article 17 of Convention
content:
5. References in section 20 of the Civil Law Act 1909 to a wrongful act, neglect or default include references to any occurrence which gives rise to liability under Article 17 of the Convention.


document_id: camc1999a-2007
provision_ref: s6
section: 6
title: Limitations of liability under Article 22 of Convention
content:
6. —(1) The limitations on liability under Article 22 of the Convention apply whatever the nature of the proceedings by which liability may be enforced. (2) The limitation for each passenger under paragraph 1 of Article 22 of the Convention applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the law of Singapore, together with any proceedings brought against the carrier outside Singapore. (3) A court before which proceedings are brought to enforce a liability which is limited by Article 22 of the Convention may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of — ( a ) the provisions of that Article; and ( b ) any other proceedings which have been, or are likely to be, commenced in Singapore or elsewhere to enforce the liability in whole or in part. (4) Without affecting subsection (3), a court before which proceedings are brought to enforce a liability which is limited by Article 22 of the Convention has, where the liability is, or may be, partly enforceable in other proceedings in Singapore or elsewhere, jurisdiction — ( a ) to award an amount less than what the court would have awarded if the limitation applied solely to the proceedings before the court; or ( b ) to make any part of its award conditional on the result of any other proceedings.


document_id: camc1999a-2007
provision_ref: s7
section: 7
title: Power to amend Schedule arising from review of limits of liability under Article 24 of Convention
content:
7. Where any limit of liability prescribed by Article 21, 22 or 23 of the Convention has been revised under Article 24 of the Convention, the Minister may, by order in the Gazette , amend the Schedule to append thereto, immediately after the text of the Convention, an addendum specifying how the limit of liability has been revised and the date on which the revision is to take effect.


document_id: camc1999a-2007
provision_ref: s8
section: 8
title: Notice of partial loss under Article 31 of Convention
content:
8. In paragraph 2 of Article 31 of the Convention — ( a ) the references to damage are to be construed as including loss of part of the baggage or cargo in question; and ( b ) the references to the receipt of baggage or cargo are, in relation to loss of part of it, to be construed as receipt of the remainder of it.


document_id: camc1999a-2007
provision_ref: s9
section: 9
title: Time for bringing proceedings
content:
9. —(1) An action against a carrier’s servant or agent which arises out of damage to which the Convention relates must not, if the servant or agent was acting within the scope of the servant’s or agent’s employment, be brought after more than 2 years, reckoned from — ( a ) the date of arrival at the destination; ( b ) the date on which the aircraft ought to have arrived at the destination; or ( c ) the date on which the carriage stopped. (2) Article 35 of the Convention must not be read as applying to any proceedings for contribution between persons liable for any damage to which the Convention relates. (3) Subject to sections 4 and 29 of the Limitation Act 1959, an action must not be brought by a person liable for any damage to which the Convention relates to recover contribution from any other person in respect of the damage after the expiration of 2 years from the time when a court gives judgment or makes an award against the person seeking to recover the contribution. (4) Subsections (1), (2) and (3) and Article 35 of the Convention have effect as if references in those provisions to an action included references to an arbitration.


document_id: camc1999a-2007
provision_ref: s10
section: 10
title: Insurance coverage under Article 50 of Convention
content:
10. —(1) The Minister may by regulations make such provisions as may be necessary to give effect to Article 50 of the Convention in relation to the insurance that a carrier must maintain to cover its liability under the Convention. (2) Regulations made for the purposes of subsection (1) may — ( a ) prescribe the minimum limits of insurance coverage that a carrier must have in respect of any liability that may be incurred by it under the Convention; ( b ) require any carrier to give evidence and other particulars relating to the policy of insurance held by the carrier for the purposes of Article 50 of the Convention and provide for the method and procedure by which such evidence and other particulars are to be given; and ( c ) provide for the prohibition of any aircraft from landing in, or taking off from, Singapore if the carrier operating that aircraft is not adequately or sufficiently insured.


document_id: camc1999a-2007
provision_ref: s11
section: 11
title: Power to exclude aircraft in use for military purposes
content:
11. —(1) The Minister may, by order in the Gazette , direct that the provisions of the Convention do not apply to either or both of the following: ( a ) international carriage by air performed and operated directly by any State Party to the Convention for non‑commercial purposes in respect to its functions and duties as a sovereign state; ( b ) the carriage of persons, cargo and baggage for the military authorities of any State Party to the Convention on aircraft registered in or leased by that State Party to the Convention, the whole capacity of which has been reserved by or on behalf of such authorities. (2) An order under subsection (1) must not be made in respect of any State Party to the Convention unless that State Party to the Convention has made a declaration under Article 57 of the Convention.


document_id: camc1999a-2007
provision_ref: s12
section: 12
title: Application to carriage by air not governed by Convention
content:
12. The Minister may by regulations apply the provisions of the Convention and any provision of this Act to such carriage by air, not being international carriage as defined in the Convention, as may be specified in the regulations, subject to such exceptions, adaptations and modifications (if any) as may be so specified.


document_id: camc1999a-2007
provision_ref: s13
section: 13
title: Regulations
content:
13. —(1) The Minister may make such regulations as appear to him or her to be necessary for carrying out or giving effect to the provisions of the Convention. (2) Regulations made under subsection (1) may provide for the imposition of penalties not exceeding a fine of $100,000 or imprisonment for a term of 5 years or both for any offence thereunder.


document_id: cba-2016
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “advocate and solicitor” means an advocate and solicitor of the Supreme Court or a foreign lawyer as defined in section 2(1) of the Legal Profession Act 1966; “approved member”, in relation to a licensed credit bureau, means a member of the licensed credit bureau that is — ( a ) deemed to be an approved member of the licensed credit bureau under section 29(1); or ( b ) approved by the Authority under section 29(6)( a ); “Authority” means the Monetary Authority of Singapore established under the Monetary Authority of Singapore Act 1970; “bank”, “bank in Singapore” and “banking business” have the meanings given by section 2(1) of the Banking Act 1970; “book” includes any record, register, document or other record of information and any account or accounting record, however compiled, recorded or stored, whether in written or printed form or on microfilm or by electronic process or otherwise; “card issuer” means a person that is granted a licence under section 57B of the Banking Act 1970; “chief executive officer”, in relation to a company, means an individual, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the company; and ( b ) is principally responsible for the management and conduct of the business of the company; “company” has the meaning given by section 4(1) of the Companies Act 1967; “consumer credit reporting business” means a credit reporting business concerning credit reports of individuals in their personal capacity; “corporate credit reporting business” means a credit reporting business that is not a consumer credit reporting business; “credit bureau” means an entity that carries on a credit reporting business; “credit facility” means — ( a ) an advance, a loan or other facility that gives a person access to funds or financial guarantees; or ( b ) the incurring by a person of other liabilities on behalf of another; “credit report” means a communication, whether in written, oral or other form — ( a ) prepared using customer information provided by at least one bank or merchant bank that is a member of a credit bureau, to assess the creditworthiness of a person, including — (i) information about the person’s eligibility to be provided with credit; (ii) information about the person’s history in relation to credit; (iii) information about the person’s capacity to repay credit provided to the person; or (iv) any other information relating to the person’s creditworthiness; or ( b ) prepared by a licensed credit bureau for any other purpose that may be prescribed; “credit reporting business” means — ( a ) a business in Singapore (whether routine or recurrent) that involves preparing, providing or maintaining, for profit or gain, credit reports regardless of whether the primary function of the business is connected with credit reports; ( b ) the business of preparing, providing or maintaining credit reports on a routine, non‑profit basis as an ancillary part of a business carried on for profit or gain; or ( c ) any other business that may be prescribed; “customer”, in relation to a member of a credit bureau, includes — ( a ) a person having an account with, or an applicant for a credit facility from, the member; and ( b ) the Authority or any monetary authority or central bank of any other country or territory, but excludes any company that carries on banking business, or any other financial institution that may be prescribed; “customer information”, in relation to a member of a credit bureau, means — ( a ) any information relating to, or any particulars of — (i) an account of a customer of the member, whether the account is in respect of a loan, investment or any other type of transaction, but excludes any information that is not referable to any named customer or group of named customers; or (ii) an application for a credit facility from the member by a customer of the member; or ( b ) the member’s deposit information; “data” means — ( a ) information relating to a person’s creditworthiness, including (to avoid doubt) customer information of a member of a licensed credit bureau; or ( b ) information relating to a person that is processed by a licensed credit bureau in the course of its credit reporting business, as the case may be; “data provider”, in relation to a licensed credit bureau, means any person (including a member of the licensed credit bureau) that is obliged under any contract or arrangement with the licensed credit bureau, to provide to the licensed credit bureau for the purposes of the licensed credit bureau’s credit reporting business, any information relating to a person’s creditworthiness, including (to avoid doubt) customer information of a member of the licensed credit bureau; “data subject” means the person that is the subject of any data or credit report, as the case may be; “deposit information”, in relation to a member of a credit bureau, means any information relating to — ( a ) any deposit of a customer of the member with the member; ( b ) funds of a customer of the member under management by the member; or ( c ) any safe deposit box maintained by, or any safe custody arrangements made by, a customer of the member with the member, but excludes any information that is not referable to any named person or group of named persons; “director” has the meaning given by section 4(1) of the Companies Act 1967; “employee” includes an individual seconded or temporarily transferred from another employer; “entity” means any body corporate or unincorporate, whether incorporated, formed or established in or outside Singapore; “executive officer”, in relation to a company, means any individual, by whatever name described, who — ( a ) is in the direct employment of, or acting for or by arrangement with, the company; and ( b ) is concerned with or takes part in the management of the company on a day‑to‑day basis; “Guidelines on Fit and Proper Criteria” means the document by that title issued by the Authority and published on its website, as revised from time to time; “integrity”, in relation to data, means the data is accurate, complete, current and not misleading; “licence” means a licence granted under section 7 or renewed under section 8; “licensed credit bureau” means a credit bureau that is for the time being licensed; “limited liability partnership” has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “member”, in relation to a licensed credit bureau, means an entity that is obliged under any contract or arrangement with the licensed credit bureau to provide data to the licensed credit bureau, and is entitled under such contract or arrangement to — ( a ) receive or request data from the licensed credit bureau; ( b ) use data received from the licensed credit bureau; and ( c ) disclose data received from the licensed credit bureau; “merchant bank” means a merchant bank licensed under the Banking Act 1970; [Act 18 of 2022 wef 28/04/2023] “officer” has the meaning given by section 4(1) of the Companies Act 1967; “process”, in relation to data, means to carry out any operation or set of operations in relation to the data, and includes one or more of the following: ( a ) to collect or record the data; ( b ) to hold the data; ( c ) to organise, combine, adapt or alter the data; ( d ) to retrieve or transmit the data; ( e ) to use the data; ( f ) to disclose or report the data; ( g ) to erase or destroy the data; “public authority” means — ( a ) the Government, including any ministry, department and agency of the Government, or an Organ of State; ( b ) any tribunal appointed under any written law; or ( c ) any statutory body; “share” has the meaning given by section 4(1) of the Companies Act 1967 and includes an interest in a share.


document_id: cba-2016
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Purpose of Act
content:
3. The purpose of this Act is to regulate — ( a ) licensed credit bureaus; ( b ) approved members of any licensed credit bureau in relation to — (i) their providing data to the credit bureau for the purpose of the credit bureau’s credit reporting business; and (ii) their using and disclosing data received from the credit bureau in the course of the credit bureau’s credit reporting business; and ( c ) matters relating to or connected with the above.


document_id: cba-2016
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Application of Act
content:
4. —(1) Subject to subsection (2), this Act does not apply to any public authority. (2) The Minister may by order declare that a public authority is one to which this Act applies. (3) The provisions in Parts 3 and 6 of the Act are in addition to, and do not derogate from, anything in the Personal Data Protection Act 2012.


document_id: cba-2016
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
title: Appointment of assistants
content:
5. —(1) Subject to subsection (2), the Authority may appoint any of its officers to exercise any of its powers or perform any of its functions or duties under this Act, either generally or in any particular case, except the power — ( a ) of appointment conferred by this subsection; and ( b ) to make subsidiary legislation. (2) The Authority may appoint one or more of its officers to exercise the power under a provision of this Act specified in the Second Schedule to grant an exemption to a particular person, or to revoke any such exemption. [Act 5 of 2025 wef 09/03/2025] (2A) An appointment under subsection (2) must be published in the Gazette . [Act 5 of 2025 wef 09/03/2025] (3) Any officer appointed by the Authority under subsection (1) or (2) is deemed to be a public servant for the purposes of the Penal Code 1871.


document_id: cba-2016
provision_ref: s6
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 6
title: Licensing of credit bureaus
content:
6. —(1) Subject to the provisions of this Act, a person must not carry on any type of credit reporting business unless the person is licensed by the Authority under this Act in respect of that type of credit reporting business. (2) Any person that contravenes this section shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s7
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 7
title: Application for licence
content:
7. —(1) A person that desires to carry on a credit reporting business must apply in writing to the Authority for a licence under this section. (2) Subject to subsection (3), the person in subsection (1) may apply for a licence to carry on — ( a ) a consumer credit reporting business; ( b ) a corporate credit reporting business; or ( c ) both a consumer credit reporting business and a corporate credit reporting business. (3) Upon receiving an application under subsection (1), the Authority must consider the application and may grant a licence to the applicant with or without conditions, or refuse to grant a licence. (4) The Authority must not grant a licence to an applicant unless — ( a ) the applicant is a company; ( b ) the applicant satisfies the financial and operational requirements specified by the Authority; and ( c ) the application is accompanied by — (i) such information as the Authority may require; and (ii) a non‑refundable application fee of a prescribed amount that is paid in the manner the Authority specifies. (5) A licence granted under this section is valid for 5 years or any shorter period that the Authority may specify, and is renewable in accordance with section 8. (6) The Authority must not grant a licence to an applicant to carry on — ( a ) a corporate credit reporting business; or ( b ) both a corporate credit reporting business and a consumer credit reporting business, when another person holds a licence for that business. (7) The Authority must publish the grant of any licence or change of name of a licensed credit bureau in the Gazette . (8) The Authority may at any time add to, vary or revoke any of the existing conditions of the licence of a credit bureau. (9) A licensed credit bureau must, at all times during the currency of its licence, satisfy such financial and operational requirements as the Authority may specify by written notice under section 75(1). (10) Any licensed credit bureau that without reasonable cause fails to comply with subsection (9) or any condition imposed by the Authority under subsection (3) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s8
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 8
title: Renewal of licence
content:
8. —(1) An application by a licensed credit bureau to renew its licence must be — ( a ) made to the Authority in writing at least 6 months before the date the licence expires; ( b ) accompanied by such information as the Authority may require; and ( c ) accompanied by the non‑refundable prescribed application fee that is paid in the manner specified by the Authority. (2) If an application to renew a licence is submitted to the Authority less than 6 months before the date of expiry of the licence, the application must, in addition to the renewal fee, be accompanied by the prescribed late application fee. (3) Section 7(3) and (4)( a ) and ( b ) applies, with the necessary modifications, to an application to renew a licence under this section as it applies to an application for a licence under section 7. (4) Section 7(5) and (7) to (10) applies, with the necessary modifications, to a licence that is renewed under this section as it applies to a licence that is granted under section 7.


document_id: cba-2016
provision_ref: s9
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 9
title: Holding out as licensed credit bureau
content:
9. —(1) A person that is not a licensed credit bureau must not hold itself out as a licensed credit bureau. (2) Any person that contravenes this section shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 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 $12,500 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s10
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 10
title: Annual fees of licensed credit bureau
content:
10. —(1) A licensed credit bureau must pay to the Authority such prescribed annual fee in the manner that the Authority specifies. (2) The Authority may prescribe different annual fees for different licensed credit bureaus depending on the type of credit reporting business they are licensed to carry on. (3) The Authority may, where it considers appropriate in a particular case, waive, refund or remit the whole or any part of any annual fee paid or payable to it.


document_id: cba-2016
provision_ref: s11
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 11
title: Lapsing, revocation and suspension of licence
content:
11. —(1) A licence lapses — ( a ) if the licensed credit bureau is wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) if the licence is not renewed on or before the expiry of the licence; or ( c ) upon the occurrence of such event as may be prescribed. (2) The Authority may revoke a licence of a licensed credit bureau if — ( a ) it appears to the Authority that any of the following persons of the licensed credit bureau are not fit and proper persons in accordance with the Guidelines on Fit and Proper Criteria: (i) its officers and employees; (ii) its substantial shareholders, 12% controllers, 20% controllers and indirect controllers, as defined in section 39(2); ( b ) it appears to the Authority that — (i) the financial standing of the licensed credit bureau; or (ii) the manner in which the licensed credit bureau’s business is being conducted, is not satisfactory; ( c ) the licensed credit bureau is contravening or has contravened any provision of this Act, or any condition or restriction imposed or any notice issued by the Authority under this Act; ( d ) it appears to the Authority that the licensed credit bureau is failing or has failed to satisfy any of its obligations under or arising from — (i) this Act; or (ii) any notice issued by the Authority under this Act; ( e ) the licensed credit bureau has provided to the Authority any information or document required under this Act that is false or misleading; ( f ) it appears to the Authority that the licensed credit bureau, or any of its officers or employees, has not performed its or his or her duties under this Act honestly or fairly; ( g ) it appears to the Authority that it would be contrary to the public interest for the licensed credit bureau to continue its operations; ( h ) the licensed credit bureau fails to pay the annual fee mentioned in section 10(1); or ( i ) the licensed credit bureau fails or ceases to carry on any credit reporting business for which it is licensed. (3) The Authority may, if it considers it desirable to do so — ( a ) suspend the licence of a licensed credit bureau for a specified period instead of revoking the licence under subsection (2); and ( b ) at any time — (i) extend the suspension for a specified period; or (ii) revoke the suspension. (4) Subject to subsection (5), the Authority must not revoke a licence under subsection (2) or suspend a licence under subsection (3) without giving the licensed credit bureau an opportunity to be heard. (5) The Authority may, without giving the licensed credit bureau an opportunity to be heard, revoke or suspend a licence of a licensed credit bureau in any of the following circumstances: ( a ) the licensed credit bureau is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager, a judicial manager or an equivalent person has been appointed, whether in Singapore or elsewhere, for or in respect of any property of the licensed credit bureau; ( c ) the licensed credit bureau has been convicted — (i) whether in Singapore or elsewhere; and (ii) whether before, on or after 31 May 2021, of an offence involving fraud or dishonesty, or the conviction involved a finding that the licensed credit bureau had acted fraudulently or dishonestly. (6) A licensed credit bureau whose licence has lapsed, or is revoked or suspended, must cease to carry on any credit reporting business from the date it lapses, or the date the revocation or suspension takes effect. (7) Where the licence of a licensed credit bureau lapses or is revoked under this section, the former licensed credit bureau concerned must — ( a ) immediately inform all its members by written notice of the lapse or revocation; ( b ) if directed by the Authority by a written notice, within the period specified in the notice — (i) destroy the part of any book in its possession that contains any data and expunge all data from its information technology system, in such manner as may be specified in the notice; (ii) transfer all books containing any data, and data from its information technology system, to any third party appointed by the Authority, and expunge all data from its information technology system after the transfer; or (iii) transfer all books containing any data, and data from its information technology system, to any third party appointed by the Authority; and ( c ) within 3 months after the date the licence lapses or is revoked, or any other period that the Authority may approve for any particular case, submit to the Authority a report from its auditor confirming that the former licensed credit bureau has complied with paragraph ( b ). (8) Where — ( a ) the licence of a licensed credit bureau is suspended under subsection (3)( a ); or ( b ) the suspension of the licence of the licensed credit bureau is extended under subsection (3)( b )(i), the licensed credit bureau must immediately inform all its members by written notice of the suspension, or the extension of the suspension, as the case may be. (9) Where a licence — ( a ) lapses; ( b ) is revoked; or ( c ) is suspended, the Authority must publish a notice of this in the Gazette . (10) Despite the lapse or revocation of the licence, and unless the Authority otherwise directs, sections 21, 23, 48, 49 and 50 continue to apply in relation to the former licensed credit bureau and its approved members in respect of matters that occurred before the lapse or revocation as if it had not occurred. (11) Any person that contravenes subsection (6), (7) or (8) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (12) In this section, “information technology system”, in relation to a licensed credit bureau, means computer servers and network equipment operated, maintained or used by the licensed credit bureau, and any other electronic device that contains data.


document_id: cba-2016
provision_ref: s12
chapter: PART 2 - LICENSING OF CREDIT BUREAUS
section: 12
title: Right of appeal
content:
12. Any company that is aggrieved — ( a ) by the refusal of the Authority to grant a licence to it, or renew its licence; or ( b ) by the revocation or suspension of its licence by the Authority, may, within 30 days after having been informed of the refusal, revocation or suspension, appeal in writing to the Minister.


document_id: cba-2016
provision_ref: s13
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 13
title: Duties relating to customer information
content:
13. —(1) A licensed credit bureau and any of its officers must not use any of its members’ customer information received from any of its members except — ( a ) where it is strictly necessary to create a credit report; or ( b ) for any other purpose that the Authority may permit by written notice to the licensed credit bureau. (2) Without affecting section 16, a licensed credit bureau and any of its officers must not disclose any of its members’ customer information (including a credit report of a member’s customer that contains such information) received from any of its members to any person except — ( a ) to an approved member of the licensed credit bureau where the disclosure is strictly necessary to enable the approved member to assess the creditworthiness of its customer; or ( b ) to any other person if it is permitted by the Authority by written notice to the licensed credit bureau and in accordance with such conditions as may be specified in the notice. (3) The Authority may at any time add to, vary or revoke any condition imposed under this section. (4) Despite any provision in this Act, a licensed credit bureau and any of its officers must not collect from its members — ( a ) customer information concerning a customer that is — (i) a public authority; (ii) a monetary authority or central bank of any country or territory; or (iii) a sovereign wealth fund; or ( b ) their deposit information. (5) Despite subsection (2), a licensed credit bureau and any of its officers must not use or disclose to any person — ( a ) any of its members’ customer information received from the member where the customer is — (i) a public authority; (ii) a monetary authority or central bank of any country or territory; or (iii) a sovereign wealth fund; or ( b ) any of its members’ deposit information received from the member. (6) Despite subsection (2), a licensed credit bureau that holds a licence under section 7(2)( b ) or ( c ) and any of its officers must not — ( a ) collect from its members customer information; or ( b ) use or disclose any customer information received from any of its members, concerning a customer that is a prescribed entity. (7) Despite anything in this section — ( a ) a licensed credit bureau may disclose its members’ customer information received from any of its members to any of its officers if the disclosure is solely for the purpose of carrying on the licensed credit bureau’s credit reporting business; and ( b ) an officer of a licensed credit bureau may disclose customer information of a member of the licensed credit bureau received from any of its members to — (i) another officer of the licensed credit bureau; or (ii) the licensed credit bureau, if the disclosure is solely in connection with the performance of the duties of such officer. (8) Any person that contravenes subsection (1), (2), (4), (5) or (6) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $125,000 or to imprisonment for a term not exceeding 3 years or to both; or ( b ) in any other case, to a fine not exceeding $250,000. (9) In this section, unless the context otherwise requires — ( a ) where customer information of a member of a licensed credit bureau may be disclosed under subsection (2) to any person that is a body corporate, the customer information may be disclosed to such officers of the body corporate as may be necessary for the purpose for which the disclosure is authorised under subsection (2); and ( b ) the obligation of any officer of the licensed credit bureau not to disclose any customer information of a member of the licensed credit bureau mentioned in subsection (2), (5) and (6) continues after the termination or cessation of his or her appointment, employment, engagement or other capacity or office with the licensed credit bureau. (10) In this section — “officer” has the meaning given by section 2(1) of the Banking Act 1970; “sovereign wealth fund” means the central government of a country or territory, or an entity wholly and beneficially owned by such government, whose funds (which may include the reserves of that government and any pension or provident fund of that country) are managed by a government‑owned entity. (11) This section applies to any data received by a licensed credit bureau in a request under section 18(1) or (2) as it applies to customer information of any member of the licensed credit bureau. (12) This section does not affect the duty of a licensed credit bureau or any of its officers to provide any customer information of any of its members to the Authority or any other person under any other provision of the Act.


document_id: cba-2016
provision_ref: s14
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 14
title: Duty to maintain security and integrity of data
content:
14. —(1) A licensed credit bureau must, in respect of any data that it collects from a data provider — ( a ) ensure the integrity of the data that the licensed credit bureau processes (except when erasing or destroying such data); and ( b ) protect the data by making reasonable security arrangements to prevent unauthorised access, collection, use, disclosure, copying, modification, disposal or similar risks. (2) For the purposes of subsection (1)( a ), the integrity of the data collected by a licensed credit bureau from a data provider is assumed unless the licensed credit bureau is required to correct the data under section 18(3)( b )(i), 19(1) or 35(3)( a ). (3) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s15
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 15
title: Duty to safeguard integrity of data through contracts with data providers
content:
15. A licensed credit bureau must ensure that any contract or arrangement it enters into, or renews, with a data provider on or after 31 May 2021 (whether or not the data provider is a member of the licensed credit bureau) to receive data from the data provider includes an obligation that the data provider makes a reasonable effort to ensure that the data provider provides data with integrity to the licensed credit bureau.


document_id: cba-2016
provision_ref: s16
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 16
title: Disclosure of credit report to data subject or with data subject’s written consent
content:
16. —(1) Despite section 13, a licensed credit bureau and any of its officers may disclose to any of the persons mentioned in subsection (2) — ( a ) any of its members’ customer information received from a member; or ( b ) a credit report prepared by the licensed credit bureau. (2) The persons in subsection (1) are — ( a ) the data subject of the customer information or credit report; or ( b ) a third party if the licensed credit bureau has the written consent of the data subject for the disclosure. (3) This section applies to any data received by a licensed credit bureau in a request under section 18(1) or (2) as it applies to customer information of any member of the licensed credit bureau.


document_id: cba-2016
provision_ref: s17
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 17
title: Duty to provide access to data
content:
17. —(1) Upon a data subject’s request, a licensed credit bureau must, within 5 business days after the request or any shorter period that the Authority may specify by written notice, provide the data subject with a copy of the credit report of the data subject. (2) Subject to subsection (3), the licensed credit bureau may charge the data subject a fee each time it provides the data subject with a copy of the credit report under subsection (1). (3) Despite subsection (2), where — ( a ) a data subject (who is an individual) applies for a credit facility from an approved member of a licensed credit bureau; and ( b ) the individual requests, within 30 days after the approved member has approved or rejected the application for the credit facility, a credit report about the individual from the licensed credit bureau in relation to the individual’s application, the licensed credit bureau must, within 5 business days after the request in paragraph ( b ) or any shorter period that the Authority may specify by written notice, provide the individual with a copy of the credit report free of charge. (4) The licensed credit bureau must provide a copy of the credit report mentioned in subsection (1), in one of the following forms at the data subject’s option: ( a ) a printed copy to be collected by the data subject at the registered office of the licensed credit bureau; ( b ) a printed copy sent by registered post to an address specified by the data subject; ( c ) an electronic copy; ( d ) an electronic copy sent by electronic mail to an electronic mail address specified by the data subject. (5) Any person that contravenes subsection (1), (3) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s18
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 18
title: Correction of data on request
content:
18. —(1) A data subject may request a licensed credit bureau to correct an error or omission in any data of the data subject that is in the possession or under the control of the licensed credit bureau. (2) A data provider may request a licensed credit bureau to correct an error or omission in any data provided by the data provider to the licensed credit bureau. (3) Upon receiving a request under subsection (1) or (2), the licensed credit bureau must — ( a ) within such period as the Authority may specify by written notice after receiving such request, conduct and complete an investigation to ascertain the integrity of the data; and ( b ) unless it is satisfied on reasonable grounds that a correction should not be made, within such period as the Authority may specify by written notice — (i) correct the data in its possession or under its control; and (ii) send the corrected data to every approved member of the licensed credit bureau to which the licensed credit bureau disclosed the data within a year before the date the correction was made. (4) Any person that contravenes subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s19
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 19
title: Correction of data on licensed credit bureau’s initiative
content:
19. —(1) Subject to subsection (2), a licensed credit bureau must correct an error or omission in the data of a data subject that is in its possession or under its control if it is satisfied that there is evidence of a conflict between the data and other information relating to the data subject — ( a ) in its possession or under its control; or ( b ) obtained from such public authority as may be prescribed. (2) Except under prescribed circumstances, before the licensed credit bureau corrects any data under subsection (1), the licensed credit bureau must — ( a ) inform the data provider that provided the data to the licensed credit bureau of the proposed correction; and ( b ) subject to subsection (3), obtain consent from that data provider to the proposed correction. (3) The licensed credit bureau need not obtain the consent in subsection (2)( b ) if it is satisfied that any refusal of consent is frivolous or vexatious. (4) Any person that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000, and in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s20
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 20
title: Obligation to notify Authority of certain events
content:
20. —(1) A licensed credit bureau must notify the Authority as soon as practicable after the occurrence of any of the following events: ( a ) an event that results in a compromise of the confidentiality or security of any data in the possession or under the control of the licensed credit bureau; ( b ) any civil or criminal proceeding instituted against the licensed credit bureau, whether in Singapore or elsewhere; ( c ) any event (including an irregularity in any operations of the licensed credit bureau) that impedes or impairs the operations of the licensed credit bureau; ( d ) the licensed credit bureau is becoming, or is likely to become, insolvent or unable to meet any of its financial, statutory, contractual or other obligations; ( e ) any other event that the Authority may prescribe or specify by written notice from time to time. (2) Subject to subsection (1), a licensed credit bureau must notify the Authority within 14 days after the occurrence of any of the following events: ( a ) any change of any of its executive officers other than a director or the chief executive officer of the licensed credit bureau; ( b ) any other event that the Authority may prescribe or specify by written notice from time to time. (3) Any person that contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000.


document_id: cba-2016
provision_ref: s21
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 21
title: Obligation to provide information to Authority
content:
21. —(1) Subject to subsection (4), the Authority may, by written notice, require any licensed credit bureau, or any person acting on behalf of a licensed credit bureau, to provide to the Authority all such information relating to the credit reporting business of the licensed credit bureau within such period as the Authority may specify in the notice. (2) Without limiting subsection (1), the Authority may in the notice issued under that subsection require any person mentioned in subsection (1) to provide — ( a ) information relating to the operations of the licensed credit bureau; ( b ) customer information of any member of the licensed credit bureau that is in the possession or under the control of the licensed credit bureau; and ( c ) any other information that the Authority may require for the purposes of this Act. (3) Subject to subsection (4) — ( a ) a requirement imposed by the Authority under this section has effect despite any obligation as to secrecy or other restrictions upon the disclosure of information imposed by any rule of law or contract; and ( b ) a person that complies with a requirement imposed by the Authority under this section is not to be treated as being in breach of any restriction on the disclosure of the information imposed by any rule of law or contract. (4) Nothing in this section requires a person to disclose any information subject to legal privilege. (5) Any person that fails to comply with a notice issued under subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of an individual, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both and, in the case of a continuing offence, to a further fine not exceeding $5,000 for every day or part of a day during which the offence continues after conviction; or ( b ) in any other case, to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s22
chapter: PART 3 - DUTIES OF LICENSED CREDIT BUREAUS
section: 22
title: Obligation to submit periodic reports
content:
22. —(1) A licensed credit bureau must submit to the Authority such reports or returns relating to its credit reporting business in such form, manner and frequency as the Authority may specify by written notice. (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s23
chapter: PART 4 - AUDIT OF LICENSED CREDIT BUREAUS
section: 23
title: Auditing
content:
23. —(1) Despite the provisions of the Companies Act 1967, a licensed credit bureau — ( a ) must, on an annual basis, appoint, and obtain the approval of the Authority for the appointment of, an auditor; and ( b ) if for any reason its auditor ceases to be its auditor, appoint another auditor with the approval of the Authority as soon as practicable after such cessation. (2) The Authority must not approve an auditor for a licensed credit bureau unless the auditor is able to comply with such conditions in relation to the discharge of the auditor’s duties as the Authority may determine. (3) The Authority may appoint an auditor — ( a ) if the licensed credit bureau fails to appoint an auditor; or ( b ) if the Authority considers it desirable that another auditor should act with the auditor appointed under subsection (1), and may at any time fix the remuneration to be paid by the licensed credit bureau to the auditor the Authority appoints. (4) The duties of an auditor appointed under subsection (1) or (3) are to — ( a ) carry out, for the year in respect of which the auditor is appointed, an audit of the licensed credit bureau’s accounts; and ( b ) make a report on the licensed credit bureau’s financial statements or consolidated financial statements in accordance with section 207 of the Companies Act 1967. (5) The Authority may, by written notice to an auditor, impose all or any of the following duties on the auditor in addition to those provided under subsection (4), and the auditor must carry out the duties so imposed: ( a ) a duty to submit such additional information in relation to the audit as the Authority considers necessary; ( b ) a duty to enlarge or extend the scope of the audit of the licensed credit bureau’s business and affairs; ( c ) a duty to carry out any other examination, or establish any procedure, in relation to the audit in any particular case; ( d ) a duty to submit a report on any of the matters mentioned in paragraphs ( b ) and ( c ). (6) The licensed credit bureau must remunerate the auditor in respect of — ( a ) such remuneration the Authority has fixed under subsection (3); and ( b ) the discharge of all or any of the additional duties of the auditor imposed under subsection (5). (7) Despite any other provision of this Act or the provisions of the Companies Act 1967, the Authority may at any time direct the licensed credit bureau to — ( a ) remove the auditor of the licensed credit bureau; and ( b ) appoint another auditor, if the Authority is not satisfied with the performance of any duty by the auditor. (8) The auditor’s report made under subsection (4)( b ) must be attached to the licensed credit bureau’s financial statements or consolidated financial statements, and a copy of the report, together with any report submitted under subsection (5), must be submitted in writing to the Authority. (9) If an auditor, in the course of performing the auditor’s duties, is satisfied that — ( a ) there has been a serious breach or non‑observance of the provisions of this Act; ( b ) a criminal offence involving fraud or dishonesty has been committed; ( c ) losses have been incurred that reduce the capital of the licensed credit bureau by 50% or more; ( d ) serious irregularities have occurred, including irregularities that compromise the confidentiality, security or integrity of any data collected, used or disclosed by the licensed credit bureau; or ( e ) the auditor is unable to confirm that the claims of creditors of the licensed credit bureau are still covered by the assets of the licensed credit bureau, the auditor must immediately report the matter to the Authority. (10) Where an auditor or employee of the auditor discloses in good faith to the Authority — ( a ) the auditor’s or employee’s knowledge or suspicion of any of the matters mentioned in subsection (9); or ( b ) any information or other matter on which that knowledge or suspicion is based, the disclosure is not a breach of any restriction upon the disclosure imposed by any law, contract or rules of professional conduct, and the auditor or employee is not liable for any loss arising out of the disclosure or any act or omission in consequence of the disclosure. (11) Any licensed credit bureau that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (12) Any auditor that contravenes subsection (5) or (9) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (13) In this section, “consolidated financial statements” and “financial statements” have the meanings given by section 209A of the Companies Act 1967.


document_id: cba-2016
provision_ref: s24
chapter: PART 4 - AUDIT OF LICENSED CREDIT BUREAUS
section: 24
title: Powers of auditor appointed by Authority
content:
24. —(1) An auditor appointed by the Authority under section 23(3) may, for the purpose of carrying out an examination or audit — ( a ) examine, on oath or affirmation, any officer or employee of the licensed credit bureau, or any other auditor of the licensed credit bureau; ( b ) require any officer or employee of the licensed credit bureau, or any other auditor of the licensed credit bureau, to produce any books held by or on behalf of the licensed credit bureau relating to its business; ( c ) make copies of or take extracts from, or retain possession of, any books mentioned in paragraph ( b ) for such period as may be necessary to enable them to be inspected; ( d ) employ such persons as the auditor considers necessary to assist the auditor in carrying out the examination or audit; and ( e ) authorise in writing any person employed by the auditor to do, in relation to the examination or audit, any act or thing that the auditor could do as an auditor under this subsection, other than the examination of a person on oath or affirmation. (2) Any individual who, without reasonable excuse — ( a ) refuses or fails to answer any question put to him or her; or ( b ) fails to comply with any request made to him or her, by an auditor appointed under section 23(3) or a person authorised under subsection (1)( e ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $12,500 or to imprisonment for a term not exceeding 12 months or to both.


document_id: cba-2016
provision_ref: s25
chapter: PART 4 - AUDIT OF LICENSED CREDIT BUREAUS
section: 25
title: Restriction on auditor’s and employee’s right to communicate certain matters
content:
25. —(1) Except as may be necessary for the carrying into effect of the provisions of this Act or so far as may be required for the purposes of any legal proceedings, whether civil or criminal — ( a ) an auditor appointed under section 23(1) or (3); or ( b ) any employee of such auditor, must not disclose any information that comes to the auditor’s or employee’s knowledge in the course of performing the auditor’s or employee’s duties, to any person other than the Authority, or in the case of an employee of such auditor, the auditor. (2) Any person that contravenes this section shall be guilty of an offence and shall be liable on conviction — ( a ) in the case of the auditor, to a fine not exceeding $25,000; or ( b ) in the case of the employee, to a fine not exceeding $12,500.


document_id: cba-2016
provision_ref: s26
chapter: PART 4 - AUDIT OF LICENSED CREDIT BUREAUS
section: 26
title: Offence to destroy, conceal, alter, etc., records
content:
26. —(1) Any individual who, with intent to prevent, delay or obstruct the carrying out of any examination or audit under section 23 or 24 — ( a ) destroys, conceals or alters any book relating to the business of a licensed credit bureau; or ( b ) sends, or conspires with any other person to send, out of Singapore, any book or asset of any description belonging to, in the possession of or under the control of the licensed credit bureau, 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. (2) If, in any proceedings for an offence under subsection (1), it is proved that the individual charged with the offence — ( a ) destroyed, concealed or altered any book mentioned in subsection (1)( a ); or ( b ) sent, or conspired to send, out of Singapore, any book or asset mentioned in subsection (1)( b ), the onus of proving that, in so doing, the individual did not act with intent to prevent, delay or obstruct the carrying out of an examination or audit under section 23 or 24 lies on him or her.


document_id: cba-2016
provision_ref: s27
chapter: PART 5 - APPROVAL OF APPROVED MEMBERS
section: 27
title: Rights of approved member
content:
27. Subject to this Act, only an approved member of a licensed credit bureau may receive from the licensed credit bureau customer information of any member of the licensed credit bureau (including a credit report about a member’s customer).


document_id: cba-2016
provision_ref: s28
chapter: PART 5 - APPROVAL OF APPROVED MEMBERS
section: 28
title: Holding out as approved member
content:
28. —(1) A person that is not an approved member of a licensed credit bureau must not hold itself out as such an approved member. (2) Any person that contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part of a day during which the offence continues after conviction.


document_id: cba-2016
provision_ref: s29
chapter: PART 5 - APPROVAL OF APPROVED MEMBERS
section: 29
title: Deemed approval and actual approval
content:
29. —(1) A member of a licensed credit bureau that comes within any class of persons specified in the First Schedule is deemed to be an approved member of the licensed credit bureau, until that approval is cancelled or revoked under this Part. (2) The deemed approval of a member of a licensed credit bureau under subsection (1) is subject to such conditions as the Authority may specify by written notice. (3) A licensed credit bureau may apply to the Authority for any of its members or a class of its members (including any member in subsection (1) the deemed approval of which has been cancelled or revoked under this Part) to be approved as an approved member or approved members (as the case may be) of the licensed credit bureau. (4) An application made under subsection (3) must be made in such form and manner as the Authority may specify by written notice. (5) The Authority may require the licensed credit bureau, or the member to which the application relates, to provide the Authority with such information or documents as the Authority considers necessary to consider the application. (6) Upon receiving an application under subsection (3), the Authority must consider the application and may — ( a ) approve, with or without conditions, the member as an approved member or the class of members as approved members of the licensed credit bureau; or ( b ) refuse the application. (7) The Authority may at any time add to, vary or revoke any of the conditions of the approval or deemed approval of an approved member or class of members. (8) A licensed credit bureau must, within 14 days after the date it becomes a licensed credit bureau, publish a list of its approved members (including those that are deemed approved members under subsection (1)) on its website. (9) A licensed credit bureau must publish an updated list of its approved members on its website within 14 days after — ( a ) the date the First Schedule is amended where the amendment results in any of its members becoming an approved member; ( b ) the date any of its members becomes one of the persons specified in the First Schedule; or ( c ) the date any of its members or class of its members is approved as an approved member or approved members under subsection (6)( a ). (10) Any approved member of a licensed credit bureau that fails to comply with any condition imposed by the Authority under subsection (2), (6)( a ) or (7) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 and, in the case of a continuing offence, to a further fine not exceeding $10,000 for every day or part of a day during which the offence continues after conviction. (11) Any licensed credit bureau that contravenes subsection (8) shall be guilty of an offence.


