# legal_provisions

document_id: amla-1966
provision_ref: s111
chapter: PART 7 - PROPERTY
section: 111
title: Disposition by will, etc., to be in accordance with Muslim law
content:
111. —(1) Despite anything in the provisions of the English law or in any other written law, no Muslim domiciled in Singapore may, after 1 July 1968, dispose of his or her property by will except in accordance with the provisions of and subject to the restrictions imposed by the school of Muslim law professed by him or her. [33/2017] (2) Nothing in this section affects — ( a ) the provisions of the Wills Act 1838, other than section 3 thereof; ( b ) the provisions of the Insurance Act 1966; ( c ) the provisions of the Probate and Administration Act 1934; or ( d ) the will of a Muslim dying before 1 July 1968. [33/2017]


document_id: amla-1966
provision_ref: s112
chapter: PART 7 - PROPERTY
section: 112
title: Distribution of Muslim estate to be according to Muslim law
content:
112. —(1) In the case of any Muslim person domiciled in Singapore dying intestate, the estate and effects must be distributed according to the Muslim law as modified, where applicable, by Malay custom. (2) This section applies in cases where a person dies partly intestate as well as in cases where he or she dies wholly intestate. (3) In the case of a Malay dying intestate, the court may make an order for the division of the harta sepencarian or jointly acquired property in such proportions as to the court seems fit.


document_id: amla-1966
provision_ref: s113
chapter: PART 7 - PROPERTY
section: 113
title: Application for probate and letters of administration
content:
113. In all applications for probate or letters of administration the affidavit supporting the application must, in the case of a deceased Muslim, state the school of law (Mazhab) which the deceased professed in addition to the particulars required by any other written law.


document_id: amla-1966
provision_ref: s114
chapter: PART 7 - PROPERTY
section: 114
title: Proof of Muslim law
content:
114. —(1) In deciding questions of succession and inheritance in the Muslim law, the court is at liberty to accept as proof of the Muslim law any definite statement on the Muslim law made in all or any of the following books: ( a ) The English translation of the Quaran , by A. Yusuf Ali or Marmaduke Pickthall; ( b ) Mohammedan Law , by Syed Ameer Ali; ( c ) Minhaj et Talibin by Nawawi, translated by E. C. Howard from the French translation of Van den Berg; ( d ) Digest of Moohummudan Law , by Neil B. E. Baillie; ( e ) Anglo-Muhammadan Law , by Sir Roland Knyvet Wilson, 6th Edition Revised by A. Yusuf Ali; ( f ) Outlines of Muhammadan Law , by A. A. Fyzee; ( g ) Muhammadan Law , by F. B. Tyabji. (2) The Minister may on the advice of the Majlis by notification in the Gazette vary or add to the list of books set out in subsection (1).


document_id: amla-1966
provision_ref: s115
chapter: PART 7 - PROPERTY
section: 115
title: Inheritance certificate
content:
115. —(1) If, in the course of any proceedings relating to the administration or distribution of the estate of a deceased person whose estate is to be distributed according to the Muslim law, any court or authority is under the duty of determining the persons entitled to share in such estate or the shares to which such persons are respectively entitled, the Syariah Court may, on a request by the court or authority or on the application of any person claiming to be a beneficiary and on payment of the prescribed fee, certify upon any set of facts found by such court or authority or on any hypothetical set of facts its opinion as to the persons who are, assuming such facts, whether as found or hypothetical, entitled to share in such estate and as to the shares to which they are respectively entitled. (2) The Syariah Court may, before certifying its opinion, require to hear the parties on any question of law, but is not to hear evidence or make findings on any question of fact. (3) In any case of special difficulty, the Syariah Court may refer the question to the Legal Committee for its opinion and is, if such opinion be given, to certify in accordance therewith.


document_id: amla-1966
provision_ref: s116
chapter: PART 7 - PROPERTY
section: 116
title: Administration of estate of Muslim dying intestate
content:
116. —(1) In granting letters of administration to the estate of a Muslim who dies intestate, the court may if it thinks fit grant letters of administration to any next‑of‑kin of the Muslim or any other person entitled to a share in the estate under the Muslim law. [33/2017] (2) This section does not affect the power given to the court by section 18 of the Probate and Administration Act 1934. [33/2017] 117. [ Repealed by Act 33 of 2017 ]


document_id: amla-1966
provision_ref: s118
chapter: PART 7 - PROPERTY
section: 118
title: Will of married woman
content:
118. Subject to section 111, Muslim married women may, with or without the concurrence of their husbands, by will dispose of their own property.


document_id: amla-1966
provision_ref: s119
chapter: PART 7 - PROPERTY
section: 119
title: Property at marriage
content:
119. —(1) All the property belonging to a woman on her marriage, whether movable or immovable and however acquired, after marriage to a Muslim husband continues, in the absence of special written contract to the contrary, to be her own property. (2) She may dispose of the same by deed or otherwise, with or without the concurrence of her husband.


document_id: amla-1966
provision_ref: s120
chapter: PART 7 - PROPERTY
section: 120
title: Property of Muslim married woman
content:
120. —(1) The following are deemed to be the property of a Muslim married woman: ( a ) wages and earnings acquired or gained by her during marriage in any employment, occupation or trade carried on by her and not by her husband; ( b ) any money or other property acquired by her during marriage through the exercise of any skill or by way of inheritance, legacy, gift, purchase or otherwise; ( c ) all savings from, and investments of, such wages, earnings and property. (2) Her receipt alone is a good discharge for such wages, earnings and property. (3) She may dispose of the same by deed or otherwise and without the concurrence of her husband.


document_id: amla-1966
provision_ref: s121
chapter: PART 7 - PROPERTY
section: 121
title: Right to sue and liability to be sued
content:
121. A Muslim married woman — ( a ) may maintain a suit in her own name for the recovery of property of any description which is her own property; ( b ) has in her own name the same remedies, both civil and criminal, against all persons for the protection and security of such property as if she were unmarried; and ( c ) is liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried.


document_id: amla-1966
provision_ref: s122
chapter: PART 7 - PROPERTY
section: 122
title: Liability on her own contract
content:
122. —(1) If a Muslim married woman possesses property, and if any person enters into a contract with her with reference to such property or on the faith that her obligation arising out of the contract will be satisfied out of her own property, that person is entitled to sue her and to the extent of her own property to recover against her whatever the person might have recovered in such suit if she had been unmarried at the date of the contract and remained unmarried at the execution or enforcement of the decree. [Act 25 of 2021 wef 01/04/2022] (2) The husband is not, in the absence of special stipulations whereby he has made himself responsible as surety, guarantor, joint contractor or otherwise, liable to be sued on such contract. (3) Nothing in this section annuls or abridges the liability of a Muslim husband for debts contracted by his wife’s agency, express or implied. (4) Such liability is to be measured according to the law for the time being in force in Singapore.


document_id: amla-1966
provision_ref: s123
chapter: PART 7 - PROPERTY
section: 123
title: Antenuptial debt
content:
123. A Muslim husband is not by reason only of his marriage liable for the debt of his wife contracted before marriage, but the wife is liable to be sued for and is to the extent of her own property liable to satisfy such debt as if she were unmarried.


document_id: amla-1966
provision_ref: s124
chapter: PART 7 - PROPERTY
section: 124
title: Effect of marriage on property
content:
124. No Muslim person, by any marriage contracted in accordance with the provisions of the Muslim law, acquires any interest in the property of the person whom he or she marries or becomes incapable of doing any act in respect of his or her own property which he or she could have done if unmarried. 125. [ Repealed by Act 33 of 2017 ]


document_id: amla-1966
provision_ref: s126
chapter: PART 8 - CONVERSIONS
section: 126
title: Register of converts
content:
126. The Majlis must maintain a register of the names of all persons converted to the Muslim religion within Singapore, together with such particulars in respect of their conversion as may be prescribed by rule.


document_id: amla-1966
provision_ref: s127
chapter: PART 8 - CONVERSIONS
section: 127
title: Control of conversion
content:
127. No person may be converted to the Muslim religion otherwise than in accordance with the Muslim law and the provisions of this Act.


document_id: amla-1966
provision_ref: s128
chapter: PART 8 - CONVERSIONS
section: 128
title: Report of conversion
content:
128. Any Muslim who converts any person to the Muslim religion must forthwith report such conversion to the Majlis with all the necessary particulars.


document_id: amla-1966
provision_ref: s130
chapter: PART 9 - OFFENCES
section: 130
title: Omission to register within prescribed time
content:
130. —(1) Any person who, being required by this Act to effect the registration of any marriage or revocation of divorce, omits to do so within the prescribed time shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500. (2) Any person who contravenes section 102(5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.


document_id: amla-1966
provision_ref: s131
chapter: PART 9 - OFFENCES
section: 131
title: Omitting to hand over book or seal or being in possession thereof without lawful excuse
content:
131. Any person who — ( a ) refuses or omits to hand over any book or seal of office to the Registrar as required by this Act; or ( b ) is found in possession of a book or seal of office without lawful excuse after the book or seal of office ought to have been made over to or taken possession of by the Registrar, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.


document_id: amla-1966
provision_ref: s132
chapter: PART 9 - OFFENCES
section: 132
title: Unlawful register
content:
132. Any person other than the Registrar, any president of the Syariah Court, a Kadi or a Naib Kadi who — ( a ) keeps any book being or purporting to be a register of Muslim marriages, divorces or revocation of divorce; or ( b ) issues to any person any document being or purporting to be a certificate of marriage, divorce or revocation of divorce, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.


document_id: amla-1966
provision_ref: s133
chapter: PART 9 - OFFENCES
section: 133
title: Unlawful solemnisation of marriage or registration of marriage, divorce or revocation of divorce
content:
133. Any person who — ( a ) solemnises or purports to solemnise any marriage between Muslims; or ( b ) registers any marriage, divorce or revocation of divorce effected between Muslims, in contravention of the provisions of this Act, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.


document_id: amla-1966
provision_ref: s134
chapter: PART 9 - OFFENCES
section: 134
title: Cohabitation outside marriage
content:
134. —(1) Any man who cohabits and lives with a woman, whether a Muslim or not, to whom he is not lawfully married, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both. (2) Any woman who cohabits and lives with a man, whether a Muslim or not, to whom she is not lawfully married, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both. (3) The court may, instead of sentencing a woman under subsection (2), order that she be detained in a place of safety established under any written law for such period not exceeding 12 months as it may determine.


document_id: amla-1966
provision_ref: s135
chapter: PART 9 - OFFENCES
section: 135
title: Enticing unmarried woman from wali
content:
135. Any person who takes or entices any unmarried woman out of the keeping of the wali of the unmarried woman without the consent of the wali shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding 3 years and shall also be liable to a fine. 136. [ Repealed by Act 35 of 2005 ]


document_id: amla-1966
provision_ref: s137
chapter: PART 9 - OFFENCES
section: 137
title: Non-payment of zakat or fitrah
content:
137. —(1) Any person who, being liable to pay any zakat and having failed to procure, in accordance with section 70, the cancellation or modification of such liability, refuses or wilfully fails to pay the same, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both. (2) Whoever, being liable to pay any fitrah and having failed to procure, in accordance with section 70, the cancellation or modification of such liability, refuses or wilfully fails to pay the same, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50 or to imprisonment for a term not exceeding one month or to both. (3) A conviction under this section does not operate to extinguish the debt. (4) Any zakat or fitrah due by any person or the value of the same may be recovered as if the value thereof were recoverable as a fine imposed under the provisions of this Act.


document_id: amla-1966
provision_ref: s138
chapter: PART 9 - OFFENCES
section: 138
title: Neglect or failure to report conversion
content:
138. Whoever, being under a duty to report to the Majlis a conversion to the Muslim religion under the provisions of this Act, wilfully neglects or fails to do so shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500 or to imprisonment for a term not exceeding 6 months or to both.


document_id: amla-1966
provision_ref: s139
chapter: PART 9 - OFFENCES
section: 139
title: False doctrine
content:
139. —(1) Whoever teaches or publicly expounds any doctrine or performs any ceremony or act relating to the Muslim religion in any manner contrary to the Muslim law 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 12 months or to both. (2) In any prosecution for an offence under this section, where evidence is given by the Mufti that any doctrine, ceremony or act is contrary to the Muslim law, the court is to presume that such doctrine, ceremony or act is contrary to the Muslim law. [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s140
chapter: PART 9 - OFFENCES
section: 140
title: Abetment
content:
140. Any person who attempts to commit, or abets the commission of, any offence under this Act shall be punishable with the same punishment as if the person had committed the offence.


document_id: amla-1966
provision_ref: s141
chapter: PART 10 - MISCELLANEOUS
section: 141
title: Public servants and judicial proceedings
content:
141. —(1) Each of the following is a public servant within the meaning of the Penal Code 1871: ( a ) every president of the Syariah Court; ( b ) every ad‑hoc president of the Syariah Court; ( c ) the registrar of the Syariah Court; ( d ) every deputy registrar of the Syariah Court; ( e ) every member of an Appeal Board; ( f ) the Registrar; ( g ) every Kadi; ( h ) every Naib Kadi; [Act 4 of 2024 wef 03/03/2025] ( i ) every officer and employee of the Majlis appointed under section 8. [33/2017] [Act 4 of 2024 wef 03/03/2025] (2) All proceedings before the Syariah Court, before the Appeal Board or before the Registrar or a Kadi or Naib Kadi under this Act are deemed to be judicial proceedings within the meaning of Chapter 11 of the Penal Code 1871. [33/2017]


document_id: amla-1966
provision_ref: s142
chapter: PART 10 - MISCELLANEOUS
section: 142
title: Witness
content:
142. —(1) Every Kadi or Naib Kadi has power to issue a notice or a summons to any person to appear before him and to give evidence or to produce any document in the person’s possession. (2) Every person to whom a notice or a summons is sent or served under this section is legally bound to comply therewith. (3) Every Kadi and Naib Kadi may examine on oath any person who has appeared before him in compliance with a notice or summons.


document_id: amla-1966
provision_ref: s143
chapter: PART 10 - MISCELLANEOUS
section: 143
title: Register of Marriages and Register of Revocation of Divorces
content:
143. —(1) The Registrar must maintain a Register of Marriages and Register of Revocation of Divorces containing such records and information as the Registrar may determine on marriages solemnised or registered, or divorces revoked (as the case may be), under this Act. (2) The Register of Marriages and Register of Revocation of Divorces may be kept in such form as the Registrar may determine. (3) The following, if certified by the Registrar to be a true copy or extract, is in any proceedings admissible in evidence as of equal validity with the original document containing the information or the original record: ( a ) a copy of or an extract from any information contained in the Register of Marriages or Register of Revocation of Divorces; ( b ) a copy of or an extract from any record contained in the Register of Marriages or Register of Revocation of Divorces (including a copy or an extract of any record produced from a microfilm or digital image). [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s144
chapter: PART 10 - MISCELLANEOUS
section: 144
title: Register of Divorces
content:
144. —(1) Any person may, upon payment of the prescribed fee, apply for a copy of an entry in the Register of Divorces and the registrar of the Syariah Court may, if he or she thinks fit, issue the copy certified by him or her to be a true copy. (2) The Register of Divorces, and any copy of an entry in that Register certified under the signature and seal of office of the registrar of the Syariah Court to be a true copy, is prima facie evidence in any court or tribunal in Singapore of the dates and acts contained or set out in that Register or copy. [Act 11 of 2022 wef 30/11/2022]


document_id: amla-1966
provision_ref: s145
chapter: PART 10 - MISCELLANEOUS
section: 145
title: Rules
content:
145. —(1) The President of Singapore may make such rules as seem to him or her necessary or expedient for the purpose of carrying out the provisions of this Act. (2) Without limiting subsection (1), the power to make rules includes — ( a ) regulating and prescribing the procedure and practice of the Syariah Court and the Appeal Board, including the manner of service of summons; ( aa ) prescribing the manner in which, and the time within which, any application is to be made to the Syariah Court or an Appeal Board under this Act or any other written law; [Act 11 of 2022 wef 17/08/2022] ( b ) prescribing the jurisdiction, powers and duties of the registrar of the Syariah Court mentioned in section 34B(2)( b ); ( c ) providing for any matter concerning an appeal from a decision of the registrar of the Syariah Court; ( d ) providing for the appointment of a child representative to represent the interests of a child in any proceedings involving the child, or the custody and welfare of the child, and for the remuneration of the child representative; [Act 11 of 2022 wef 17/08/2022] ( da ) providing for a right to appeal to the Minister against any decision of the Majlis under any subsidiary legislation made under this Act, and the procedure for such appeals; [Act 4 of 2024 wef 03/03/2025] ( e ) prescribing the fees to be charged by the Syariah Court, the Appeal Board, and by the Registrar, Kadis and Naib Kadis and the incidence and application of such fees; [33/2017] [Act 11 of 2022 wef 17/08/2022] ( f ) prescribing the form and manner of an application for, and the issuance of, an inheritance certificate under section 115; [Act 11 of 2022 wef 17/08/2022] ( g ) providing for the provision of copies of, or extracts from, any record or information contained in the Register of Marriages or Register of Revocation of Divorces (including a copy or an extract that is certified by the Registrar to be a true copy or extract); and [Act 11 of 2022 wef 17/08/2022] ( h ) prescribing anything that is required or permitted under this Act to be prescribed. [Act 11 of 2022 wef 17/08/2022]


document_id: amla-1966
provision_ref: s146
chapter: PART 10 - MISCELLANEOUS
section: 146
title: Delegation
content:
146. The President of Singapore may delegate the exercise of all or any of the powers vested in him or her by this Act to the Minister or the President of the Majlis.


document_id: ana-1966
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “83 bis agreement” means an agreement entered into under Article 83 bis of the Chicago Convention; “aerodrome” means any defined area of land or water in Singapore used, or intended or designed to be used, either wholly or partly, for the landing, taking off, movement, or servicing of aircraft, and includes any buildings, installations, and equipment on or adjacent to any such area used in connection with the aerodrome or its administration; “aeronautical product” means anything that comprises or is intended to comprise any part of an aircraft or that is or is intended to be installed in or fitted or supplied to an aircraft, and includes fuel and other consumable items necessary for the operation of the aircraft; [ Deleted by Act 36 of 2018 wef 01/01/2024 ] “aircraft” means any machine that can derive support in the atmosphere from the reactions of the air otherwise than by the reactions of the air against the surface of the earth; “airport” includes an aerodrome; “air traffic” means all aircraft in flight or operating on any manoeuvring area of an aerodrome; “air traffic control service” means a service provided for the purposes of — ( a ) preventing collisions between aircraft, and between aircraft and obstructions on any manoeuvring area; and ( b ) expediting and maintaining an orderly flow of air traffic; “air traffic service” means — ( a ) any aerodrome control service; ( b ) any area control service provided for controlled flights in such airspace of defined dimensions within which an air traffic control service is provided; ( c ) any approach control service provided for arriving or departing controlled flights; ( d ) any flight information service provided for the purpose of giving advice and information intended for the safe and efficient conduct of flights; ( e ) any alerting service provided to notify appropriate organisations regarding aircraft in need of search and rescue from the air, and to assist such organisations as required; or ( f ) any other air traffic service considered by the Authority to be necessary or desirable for the safe and efficient operation of the civil aviation system; “Authority” means the Civil Aviation Authority of Singapore established under section 4 of the Civil Aviation Authority of Singapore Act 2009; “auxiliary police officer” means a person appointed as such under Part 9 of the Police Force Act 2004; “aviation-related service” means any equipment, facility, or service (including any air traffic service) operated in support of or in conjunction with the civil aviation system; “aviation safety instrument” means any licence, permit, certificate, authorisation, approval or other document issued under or by virtue of this Act to, or in respect of, any person, aircraft, aerodrome, aeronautical procedure, aeronautical product, or aviation-related service, but does not include an airport licence within the meaning of the Civil Aviation Authority of Singapore Act 2009 or a permit mentioned in section 32(5)( b )(ii) or 33(5)( b )(ii); “aviation safety subsidiary legislation” means any order made under section 8 or any regulations made under section 9; “aviation security” means a combination of measures and human and material resources intended to safeguard civil aviation against acts of unlawful interference; “aviation security inspector” means a police officer or an individual who is appointed under section 17A(8) as an aviation security inspector, and includes the NCASA; “aviation security regulation” means any regulation made under section 69 for the purposes of Part 2B, and includes any order made by the Minister before 1 April 2014 in relation to aviation security until revoked; “Chicago Convention” means — ( a ) the Convention on International Civil Aviation done at Chicago on 7 December 1944; ( b ) the Protocols amending that Convention which Singapore ratifies; and ( c ) the Annexes to that Convention relating to international standards and recommended practices, being Annexes adopted in accordance with that Convention; “command and control link” means the data link between a remotely piloted aircraft and a remote pilot station for the purposes of managing the flight of the remotely piloted aircraft; “competent security officer” means any public officer designated as such by the Minister charged with the responsibility for homefront security; “conduct” means any act or omission; “Contracting State” means any country which is a party to the Chicago Convention; “controlled area” means any area declared to be a controlled area under section 72; “controlled flight” means any flight that is provided with or required by or under this Act to make use of an air traffic control service; “crew”, in relation to an aircraft, includes every person having duties or functions on board the aircraft during the flight of the aircraft in connection with the flying or safety of the aircraft; “damage or loss” includes, in relation to a person, loss of life and personal injury; “designated person” means a person designated in voluntary reporting rules for the purposes of the voluntary reporting scheme established by those rules; “Director-General of Civil Aviation” means the Chief Executive of the Authority and includes any individual appointed by the Authority to act in the place of the Chief Executive; “erection of a structure” includes an addition or alteration to an existing structure; “foreign aviation authority” means the competent authority responsible for regulating civil aviation in a country or territory other than Singapore; “foreign registered aircraft” means an aircraft registered in a country or territory other than Singapore; “foreign state aircraft” means aircraft used in the military, customs or police services of a country or territory other than Singapore; “goods” and “articles” include mails and animals; “Government aerodrome” means an aerodrome under the control of the Government and a naval, military or air force aerodrome; “ICAO” means the International Civil Aviation Organization established under the Chicago Convention, and includes any successor to that Organization; [ Deleted by Act 36 of 2018 wef 01/01/2024 ] “land” includes land covered with water and any right in or over land; “maintenance”, in relation to any aircraft or aeronautical product, means any task required to ensure, or that could affect, the continuing airworthiness of an aircraft or aeronautical product, including any one or combination of overhaul, repair, inspection, replacement of an aeronautical product, modification or defect rectification; “manoeuvring area” means that part of an aerodrome to be used for the take‑off and landing of aircraft and for the surface movement of aircraft associated with take‑off and landing, but excludes any area set aside for loading, unloading or maintenance of aircraft; “military aircraft” means aircraft used in the military services of any country or territory, and includes aircraft of any part of the Singapore Armed Forces (including any aircraft that is being constructed for any part of the Singapore Armed Forces); “National Civil Aviation Security Authority” or “NCASA” means the National Civil Aviation Security Authority appointed under section 64; “National Civil Aviation Security Programme” or “NCASP” means the National Civil Aviation Security Programme required to be established for the purposes of Part 2B; “navigation installation” means any building, facility, work, apparatus, equipment, or place, (whether or not part of an aerodrome) that is intended to assist in the control of air traffic or as an aid to air navigation, and includes any land adjacent to any such building, facility, work, apparatus, equipment, or place, and used in connection with any such building, facility, work, apparatus, equipment, or place; “operate”, in relation to an aircraft, means to fly or use the aircraft, or to cause the aircraft to fly, be used, or be in any place, whether or not a person is present with the aircraft; “operator”, for an unmanned aircraft, means a person engaged in, or offering to engage in, the operation of the unmanned aircraft, and where the unmanned aircraft is a remotely piloted aircraft, includes — ( a ) the person who causes the remotely piloted aircraft to fly; and ( b ) the remote pilot of the aircraft with duties essential to the operation of the remotely piloted aircraft, such as manipulating the flight controls as appropriate during flight time, if the remote pilot is not the operator; “pilot-in-command”, in relation to an aircraft, means — ( a ) the pilot designated by the operator of the aircraft as being in command and charged with the safe conduct of a flight using that aircraft; and ( b ) if no such person under paragraph ( a ) is designated, a person who is, for the time being, in charge of the piloting of the aircraft without being under the direction of any other pilot in the aircraft; “remotely piloted aircraft” means an unmanned aircraft that is operated using a remotely piloted aircraft system; “remotely piloted aircraft system” or “RPAS”, for a remotely piloted aircraft, means all of the following components: ( a ) the remotely piloted aircraft; ( b ) every remote pilot station associated with the remotely piloted aircraft in paragraph ( a ) containing the equipment used to pilot that aircraft; ( c ) the command and control links between the remotely piloted aircraft in paragraph ( a ) and its remote pilot station or stations and other command; ( d ) any other components as specified in the type design to fly that aircraft; “safety inspector” means a safety inspector appointed under section 13 and includes the Director‑General of Civil Aviation; “security directive” means a security directive given by the NCASA under section 67; “Singapore operator” means an operator of aircraft whose principal place of business or permanent residence is in Singapore; “Singapore registered aircraft” means an aircraft registered in Singapore; “state aircraft” means — ( a ) aircraft of any part of the Singapore Armed Forces (including any aircraft that is commanded by a member of that Force in the course of his or her duties as such a member); and ( b ) aircraft used in the military, customs or police services of a country or territory other than Singapore; “State of Registry” means the State on whose register the aircraft is entered; “State of the Operator” means the State in which the operator’s principal place of business is located or, if there is no such place of business, the operator’s permanent residence; “structure” includes any house, warehouse, office, shop, school and any other building whether permanent or temporary and whether used for the purpose of human habitation or otherwise, and also any wall, fence, platform, staging, gatepost, pillar, paling, frame, hoarding, bridge, cable, wire or any other artificial obstruction raised above ground level; “unmanned aircraft” means an aircraft that may be flown or used without any individual on board the aircraft to operate it; “unmanned aircraft system” means an unmanned aircraft and its associated elements; “voluntary reporting rules” means rules made under section 46; “working day” means any day except Saturday, Sunday or a public holiday. [16/2015; 18/2018] (2) Any reference in this Act to any country or territory is, unless the context otherwise requires, to be construed as including a reference to the territorial waters (if any) adjacent to that country or territory.


document_id: ana-1966
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Application of Act
content:
3. Except as otherwise expressly provided by sections 6, 7 and 88, this Act applies to and in relation to every person, aircraft, aerodrome, aeronautical product, air service and aviation‑related service, in Singapore. [2A


document_id: ana-1966
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Extraterritorial application of Act
content:
4. —(1) Except as otherwise expressly provided by sections 6 and 7, this Part and Part 2 also extend to — ( a ) every foreign registered aircraft specified in any 83 bis agreement that has the effect of transferring functions or duties to Singapore; ( b ) every Singapore registered aircraft outside Singapore, subject to any 83 bis agreement that has the effect of transferring functions or duties to another Contracting State; ( c ) every holder of an aviation safety instrument while outside Singapore and exercising or purporting to exercise privileges accorded by that instrument; ( d ) every person in, or any of the crew of, any Singapore registered aircraft or aircraft operated by a Singapore operator, wherever they may be, insofar as this Act prohibits, requires or regulates the doing of anything by such persons in, or by any of the crew of, Singapore registered aircraft or aircraft operated by a Singapore operator; ( e ) every person in any aircraft (not being a Singapore registered aircraft or an aircraft operated by a Singapore operator) who commits any act or omission on board the aircraft while in flight elsewhere than in or over Singapore, insofar as this Act prohibits, requires or regulates the doing of anything by the person in the aircraft, and the aircraft subsequently lands in Singapore with the person who committed the act or omission still on board the aircraft; and ( f ) every other person wherever they may be, insofar as any provision of this Act prohibits, requires or regulates the doing of anything in relation to any Singapore registered aircraft or aircraft operated by a Singapore operator, by such other persons. [32/2018] (2) Except where an act or omission is required in order to comply with the laws of any foreign country, every holder of an aviation safety instrument who, while outside Singapore and exercising or purporting to exercise the privileges accorded by that instrument, commits an act or omission that would constitute an offence under this Act if it were committed in Singapore, is deemed to have committed an offence under this Act and may be proceeded against in Singapore as if the act or omission had occurred within Singapore. (3) A person outside Singapore who operates an unmanned aircraft in a manner which, if the person were in Singapore, would be an offence under section 32, 33, 34 or 35, shall be guilty of an offence under section 32, 33, 34 or 35, as the case may be. [16/2015] (4) Nothing in this section is to be interpreted as requiring a person or aircraft to contravene or be operated in contravention of a law of a foreign country or territory that applies to or in respect of the person or aircraft. [2B


document_id: ana-1966
provision_ref: s5
chapter: PART 1 - PRELIMINARY
section: 5
content:
5. —(1) A provision in this Act (called the applied provision) applies to an aircraft that is registered in a Contracting State as if the aircraft were a Singapore registered aircraft if — ( a ) an 83 bis agreement to which Singapore is a party and which is in force has the effect of transferring a function of the Contracting State as the State of Registry in respect of the aircraft to Singapore; and ( b ) the agreement states that the applied provision relates to that function. (2) A provision in this Act (called the disapplied provision) does not apply to a Singapore registered aircraft if — ( a ) an 83 bis agreement to which Singapore is a party and which is in force has the effect of transferring a function of Singapore as the State of Registry in respect of the aircraft to a Contracting State; and ( b ) the agreement states that the disapplied provision relates to that function. (3) Despite anything in this Act, a reference in this Act (other than subsections (1) and (2) of this section) to or in relation to a Contracting State in which an aircraft is registered includes a reference to or in relation to another Contracting State to which any function of the State of Registry in respect of that aircraft has been transferred under an 83 bis agreement that has effect in relation to Singapore in accordance with Article 83 bis of the Chicago Convention. (4) If Singapore has entered into an 83 bis agreement or an 83 bis agreement to which Singapore is a party has been amended, the Authority must, as soon as practicable, publish in the Gazette , a notice setting out all the following particulars of the agreement or amendment: ( a ) the Contracting State that is the other party to the agreement; ( b ) the date of commencement of the agreement or amendment; ( c ) the aircraft to which the agreement or amendment relates; ( d ) the functions of the State of Registry in respect of the aircraft that are transferred under the agreement or amendment; ( e ) the provisions of this Act that are stated in the agreement or amendment to be related to the functions. (5) If an 83 bis agreement has ceased to be in force, the Authority must, as soon as practicable, publish in the Gazette , a notice setting out particulars of that cessation. (6) To avoid doubt, any reference in this section to the Act includes a reference to any aviation safety subsidiary legislation. [2C


document_id: ana-1966
provision_ref: s6
chapter: PART 1 - PRELIMINARY
section: 6
title: Exemption of state aircraft, etc.
content:
6. This Act, with the exception of Part 2A and the provisions of any aviation safety subsidiary legislation — ( a ) does not apply to any state aircraft or navigation by state aircraft; and ( b ) does not limit the privileges or immunities of any foreign state aircraft and the officers and crew of any foreign state aircraft. [2D


document_id: ana-1966
provision_ref: s7
chapter: PART 1 - PRELIMINARY
section: 7
title: Act is binding on Government
content:
7. —(1) Except as otherwise expressly provided by this Act, this Act binds the Government, and applies to and in relation to aircraft belonging to or exclusively employed in the service of the Government, other than state aircraft, as they apply to or in relation to other Singapore registered aircraft or aircraft which are capable of being registered in Singapore. (2) Nothing in this Act renders the Government liable to be prosecuted for an offence, but this section does not prevent the prosecution of — ( a ) a member of the crew of an aircraft owned by the Government; or ( b ) any other person employed by the Government. [2E


document_id: ana-1966
provision_ref: s8
chapter: PART 2 - REGULATORY FRAMEWORK
section: 8
title: Orders to give effect to international obligations and regulate air navigation
content:
8. —(1) The Authority may, with the approval of the Minister, by order in the Gazette , provide for matters necessary or convenient to be prescribed for the control and regulation of aviation in and over Singapore for the safety of air navigation or for public safety or both, and for carrying out the Chicago Convention and any other international aviation convention, agreement, or understanding to which the Government is a party, in relation to safety of air navigation. [16/2015] (2) Without limiting the powers conferred by subsection (1) and without affecting any of the provisions of this Act, the Authority may, with the approval of the Minister, by order, make provision — ( a ) as to the registration of aircraft in Singapore; ( b ) for prohibiting aircraft from flying unless certificates of airworthiness issued or validated under the order are in force with respect to them and except upon compliance with any conditions as to maintenance or repair that may be specified in the order; ( c ) for the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircraft have landed, for access to aircraft factories for the purpose of inspecting work in aircraft factories carried on in relation to aircraft or parts of aircraft and for prohibiting or regulating the use of unlicensed aerodromes; ( d ) for prohibiting persons from engaging in, or being employed in or (except in the maintenance at unlicensed aerodromes of aircraft not used for or in connection with commercial, industrial or other gainful purposes) in connection with, air navigation in any capacities that may be specified in the order, except in accordance with provisions in that behalf contained in the order, and for the licensing of those employed at aerodromes licensed under the order in the inspection or supervision of aircraft; ( e ) as to the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving Singapore may fly, and as to the conditions under which aircraft may fly from one part of Singapore to another; ( f ) as to the conditions under which passengers and goods may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes and for prohibiting the carriage by air of goods of any classes that may be specified in the order; ( g ) for minimising or preventing interference with the use or effectiveness of apparatus used in connection with air navigation, and for prohibiting or regulating the use of such apparatus as aforesaid and the display of signs and lights liable to endanger aircraft; ( h ) for regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes; ( i ) for applying the provisions of this Act or orders made under this section to unmanned aircraft and their operators (indoors or outdoors), design, maintenance and manufacture with any prescribed exceptions, modifications and adaptations that the differences between the manned aircraft and unmanned aircraft require; ( j ) generally for securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and property carried in aircraft, for preventing aircraft endangering other persons and property and, in particular, for the detention of aircraft for any of the purposes specified in this paragraph; ( k ) for requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation; ( l ) for regulating the making of signals and other communications by or to aircraft and persons carried in aircraft; ( m ) for regulating the use of the civil air ensign and any other ensign established by the Authority for purposes connected with air navigation; ( n ) for prohibiting aircraft from flying over any areas in Singapore that may be specified in the order where necessary or expedient for the safety of air navigation or for public safety; ( o ) for prohibiting aircraft of a specified description or origin or registered in a specified country or territory from landing in, flying over or taking off from Singapore, in order to discharge or facilitate the discharge of an obligation binding on Singapore by virtue of its being a member of an international organisation or a party to an international agreement; ( p ) for applying, adapting or modifying the enactments relating to customs in relation to aerodromes and to aircraft and to persons and property carried in aircraft and for preventing smuggling by air, and for permitting in connection with air navigation, subject to any conditions that appear to the Authority to be requisite or expedient for the protection of the revenue, the importation of goods into Singapore without payment of duty; ( q ) as to the manner and conditions of the issue, validation, renewal, extension or variation of any certificate, licence or other document required by the order (including the examinations and tests to be undergone), and as to the form, custody, production, cancellation, suspension, endorsement and surrender of any such document; ( r ) for regulating the charges that may be made for the use of aerodromes licensed under the order and at Government aerodromes and for services provided at such aerodromes; ( s ) for prescribing 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 order and in respect of any other matters in respect of which it appears to the Authority to be expedient for the purpose of the order to charge fees; ( t ) for a right to appeal to the Minister against any decisions made by the Authority under the order or under section 35 (whose decision on appeal is final) and the procedure for such appeals. [16/2015] (3) An order made under this section may make different provisions with respect to different classes of aircraft, aerodromes, persons or property and with respect to different circumstances but must, so far as practicable, be so framed as not to discriminate in like circumstances between aircraft registered in Singapore operated on charter terms by one air transport undertaking and such aircraft so operated by another such undertaking. (4) Where any order is made under this section regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes, no liability shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which the order applies, so long as the provisions of that order are duly complied with. (5) Where any structure or valuable tree or plant is reduced in height or removed or any expense is reasonably incurred in compliance with any order made under this section or the conditions of any such order, the owner or occupier of the land must, unless the structure was erected or the tree or plant was planted in contravention of any such order or of the conditions imposed by the order, receive compensation to the extent to which the owner or occupier has suffered damage by reason of such reduction or removal or has incurred such expense. (6) An order made under this section may, for the purpose of securing compliance with the provisions of the order, 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 under the order, and, in the case of any provision having effect by virtue of subsection (2)( n ), may also for that purpose provide for the taking of such steps (including firing on aircraft) as may be specified in the order. (7) An order made under this section may contain such saving and transitional provisions and such incidental, consequential or supplementary provisions as are necessary or expedient for the purposes of the order. (8) The provisions of any order made under this section before 1 April 2014 in relation to regulation of air navigation continue in force as if made under this section as amended by the Air Navigation (Amendment) Act 2014, and may from time to time be amended under this section as so amended by that Act until the provision is revoked by regulations made under section 9 on the same subject matter. [3


document_id: ana-1966
provision_ref: s9
chapter: PART 2 - REGULATORY FRAMEWORK
section: 9
title: Regulations for this Part
content:
9. —(1) The Authority may, with the approval of the Minister, make regulations prescribing matters necessary or convenient to be prescribed for the control and regulation of aviation in and over Singapore for the safety of air navigation or for public safety or both, and for carrying out the Chicago Convention and any other international aviation convention, agreement, or understanding to which the Government is a party, in relation to safety of civil aviation or mitigating specifically the environmental effect of international aviation emissions, including but not limited to — ( a ) the design and manufacture of aircraft and aeronautical products; ( b ) the registration, marking and operation of aircraft; ( c ) the airworthiness of aircraft and any part thereof; ( d ) the manner of applying for aviation safety instruments, including the information that may be required, and the conditions to be satisfied, for the issue of aviation safety instruments; ( e ) regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes; ( f ) requiring persons performing specified functions in relation to the operation or maintenance of aircraft and aerodromes to be the holders of aviation safety instruments, and providing for the grant, issue, cancellation, suspension or variation of such aviation safety instruments; ( g ) the planning, construction, establishment, operation and use of aerodromes, including the licensing of aerodromes; ( h ) regulation of air navigation services; ( i ) applying the provisions of this Act or regulations made under this section to unmanned aircraft and their operators (indoors or outdoors), design, maintenance and manufacture with such prescribed exceptions, modifications and adaptations as the differences between the manned aircraft and unmanned aircraft require; ( j ) prohibiting aircraft from flying over any areas in Singapore that may be specified in the regulations where necessary or expedient for the safety of air navigation or for public safety; ( k ) the prohibition of the construction of buildings, structures or objects, the restriction of the dimensions of buildings, structures or objects, and the removal in whole or in part or the marking or lighting of buildings, structures or objects (including trees or other natural obstacles) that constitute or may constitute obstructions, hazards or potential hazards to aircraft flying in the vicinity of an aerodrome, and any other measures that are necessary to ensure the safety of aircraft using an aerodrome or flying in the vicinity of an aerodrome; ( l ) the formal proof and authentication of instruments made or issued under this Act or the regulations made under this section; ( m ) empowering an officer authorised by the Authority to give or issue directives or instructions to all or any person holding an aviation safety instrument, being directives or instructions with respect to matters affecting the safe navigation and operation, or the maintenance, of aircraft, and providing for the manner in which the directives and instructions are to be notified; ( n ) providing for a right to appeal to the Minister against any decisions made by the Authority under the regulations or under section 35 (whose decision on appeal is final) and the procedure for such appeals; ( o ) standards relating to the establishment and use of airspace; ( p ) prohibiting or regulating the carriage or consignment for carriage on board an aircraft of dangerous goods or munitions of war; ( q ) the reporting of reportable safety matters under section 29 to contribute to the improvement of aviation safety by ensuring that relevant information on safety matters is reported, collected, stored, protected and disseminated; ( r ) prohibiting except in prescribed circumstances the disclosure or use of flight recorder information or other prescribed information, but without limiting disclosure or use for the purposes of an investigation under the Transport Safety Investigations Act 2018 or reporting a known or suspected act of unlawful interference required by that Act; ( s ) prescribing, in relation to the owner or operator of an aircraft that is flying within, into or out of Singapore — (i) the type and amount of insurance coverage the owner or operator must have in respect of any liability that the owner or operator may incur in relation to the aircraft (for example, liability for any passenger, baggage, cargo or mail carried on the aircraft, for any flight delay relating to the aircraft, or for any death, injury or damage caused by the aircraft); (ii) the documents and information the owner or operator must give about the insurance the owner or operator has, and how those documents and information are to be given; and (iii) prohibitions against the aircraft flying within, landing in, or taking off from Singapore if the owner or operator does not have the required insurance; [Act 31 of 2022 wef 01/11/2022] ( t ) prescribing one-time or periodic fees (either by specifying amounts or by prescribing a method of calculation) in relation to services, applications or requests, or the doing of anything, under this Part or the regulations made under this section; and [Act 31 of 2022 wef 01/11/2022] ( u ) prescribing such saving and transitional provisions and such incidental, consequential or supplementary provisions as may be necessary or expedient. [16/2015; 18/2018; 34/2019] (2) Without limiting subsection (1), regulations may also provide for or with respect to — ( a ) the appointment, authorisation approval, designation, classification or certification of — (i) aircraft and aeronautical products; (ii) aircraft operators; (iii) pilots and flight crew members; (iv) air traffic service personnel; (v) aircraft maintenance personnel; (vi) air traffic services, search and rescue services and aeronautical information services; (vii) aerodromes, aerodrome operators and aerodrome rescue and firefighting services; (viii) navigation installations; (ix) aviation training organisations; (x) aircraft design, manufacture and maintenance organisations; (xi) aeronautical procedures; (xii) aeronautical meteorological services; (xiii) aeronautical telecommunications services; (xiv) any person who conducts an examination or assessment for the purpose of determining the competency of an applicant for or the holder of an aviation safety instrument to hold or continue to hold the instrument, including the ratings to be included in an aviation safety instrument; or (xv) such other persons, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aviation‑related services, facilities and equipment operated in support of the civil aviation system, as may, in the interests of safety, be specified in the regulations; ( b ) the setting of standards, specifications, restrictions, and licensing requirements for all or any of those persons or things mentioned in paragraph ( a ), including but not limited to — (i) the specification of the privileges, limitations, and ratings associated with aviation safety instruments or other forms of approval; (ii) the setting of standards for training systems and techniques, including recurrent training requirements; (iii) the setting of medical standards for personnel; (iv) the requirement for proof of access to appropriate weather services; (v) the specification of standards of design, construction, manufacture, maintenance, processing, testing, supply, approval, and identification of aircraft and aeronautical products; (vi) the requirements for notification of insurance coverage for air services; (vii) the format of aviation safety instruments, forms, and applications, including the specification of information required on all application forms for aviation safety instruments; (viii) the provision of information to the Authority by applicants for or holders of aviation safety instruments; (ix) the requirements relating to the classification of aviation examiners and medical assessors and any related standards and restrictions on the exercise of their functions and powers; (x) the requirements for the purposes of determining suitably qualified medical examiners and establishing the criteria for standard medical assessments; and (xi) the requirements and criteria for determining medical experts acceptable to the Authority for the purposes of reaching an accredited medical conclusion; ( c ) the definitions, abbreviations, and units of measurement to apply within the civil aviation system; and ( d ) the provision of body samples for drug or alcohol tests, including the persons or bodies authorised to take body samples, the persons who may be required to provide such a body sample, and the procedure for the handling and analysis of body samples taken in connection with drug or alcohol tests. (3) Any regulations may apply generally or with respect to different classes of aircraft, aerodromes, aeronautical products, aeronautical procedures, or aviation‑related services, or with respect to the same class of aircraft, aerodrome, aeronautical product, aeronautical procedure, or aviation-related service in different circumstances. (4) The Authority may, in making any regulations under subsection (1), provide that any contravention of any of the provisions of the regulations shall be an offence punishable — ( a ) in the case of a first offence under the regulations, with a fine not exceeding $50,000 or with imprisonment for a term not exceeding 2 years or with both; and ( b ) in the case of a second or subsequent offence under the regulations, with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both. (5) The Authority may, in making any regulations under subsection (1), provide for the imposition of financial penalties for conduct that is a contravention of or failure to comply with a provision of the regulations or a direction, instruction or condition issued, given, made or imposed under, or in force by virtue of, the regulations, being conduct that does not constitute an offence. (6) Where the regulations provide for the removal, marking or lighting of anything referred to in subsection (1)( k ), the regulations must also provide for the payment of compensation to any person who suffers loss or damage or incurs reasonable expense in or as a direct result of the removal, marking or lighting or complying with those regulations, unless that thing was erected or the tree or plant was planted in contravention of the regulations or of the conditions imposed by the regulations. (7) Where any regulation is made under this section regulating the conditions under which noise and vibration may be caused by aircraft on aerodromes, no liability shall lie in respect of nuisance by reason only of the noise and vibration caused by aircraft on an aerodrome to which the regulation applies, so long as the provisions of that regulation are duly complied with. (8) If a person is prohibited by any regulations under subsection (1)( r ) from disclosing or using any flight recorder information or other information, then — ( a ) the person cannot be required by any court to disclose that information; and ( b ) any information disclosed by the person in contravention of that prohibition is not admissible in any civil proceedings or other proceedings or any criminal proceedings other than proceedings against the person for an offence under those regulations. [34/2019] (9) All regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (10) To avoid doubt, nothing in this Act authorises the making of any regulations providing that an aviation safety instrument is required by or in respect of the provision of airport services and facilities or the privilege to operate an airport within the meaning of the Civil Aviation Authority of Singapore Act 2009. [3A


document_id: ana-1966
provision_ref: s10
chapter: PART 2 - REGULATORY FRAMEWORK
section: 10
title: Incorporation by reference, etc.
content:
10. —(1) Any aviation safety subsidiary legislation may make provision for or in relation to a matter by applying, adopting or incorporating by reference, with or without modification, any matter contained in any code, standard, rule, requirement, specification or other document, as in force at a particular time or from time to time, which relates to any matter with which the aviation safety subsidiary legislation deal, even if the code, standard, rule, requirement, specification or other document does not yet exist when the aviation safety subsidiary legislation is made, including but not limited to — ( a ) any code, standard, rule, requirement, specification or other document — (i) prescribed under law by any other Contracting State of the ICAO; (ii) recommended, issued or adopted by the Enterprise Singapore Board, or a body or an organisation inside or outside Singapore that has functions corresponding to the functions of the Enterprise Singapore Board in any particular aspect of civil aviation; or (iii) issued or adopted by any aviation sport or aviation recreation organisation approved by the Authority; ( b ) any standards, requirements or recommended practices issued or adopted by international aviation organisations; or ( c ) any code, standard, rule, requirement, specification or other document issued or adopted by the Authority or any Government department or any other public authority constituted by any written law. [10/2018] (2) Material referred to in subsection (1) may be applied, adopted or incorporated by reference in any aviation safety subsidiary legislation — ( a ) in whole or in part; or ( b ) with modifications, additions, or variations specified in the regulation or order. (3) A copy of any material applied, adopted or incorporated by reference in any aviation safety subsidiary legislation, including any amendment to, or replacement of, the material, must be — ( a ) certified as a correct copy of the material by the Minister or the Authority (as the case may be); and ( b ) retained by the Authority. (4) Any material applied, adopted or incorporated in any aviation safety subsidiary legislation by reference under subsection (1) is to be treated for all purposes as forming part of the regulation or order; and, unless otherwise provided in the aviation safety subsidiary legislation, every amendment to any material incorporated by reference under subsection (1) that is made by the person or organisation originating the material is, subject to subsections (5) and (6), to be treated as being a part of that aviation safety subsidiary legislation. (5) Where any material referred to in subsection (1) is applied, adopted or incorporated by reference in any aviation safety subsidiary legislation, the Authority must give notice in the Gazette stating — ( a ) that the material is incorporated in the aviation safety subsidiary legislation and the date on which the relevant provision in the aviation safety subsidiary legislation was made; ( b ) that the material is available for inspection during working hours, free of charge; ( c ) the place where the material can be inspected; ( d ) that copies of the material can be purchased; ( e ) the place where the material can be purchased; and ( f ) if copies of the material are available in other ways, the details of where or how the material can be accessed or obtained. (6) The Authority must cause a copy of every code, standard, requirement, rule or specification incorporated by reference under subsection (1) (other than a code, standard, rule, requirement, specification or other document recommended, issued or adopted by the Enterprise Singapore Board) to be made available for inspection by members of the public without charge at the office of the Director‑General of Civil Aviation during normal office hours. [10/2018] (7) In this section, “modification” includes omissions, additions and substitutions. [3B


document_id: ana-1966
provision_ref: s11
chapter: PART 2 - REGULATORY FRAMEWORK
section: 11
title: Use of code, standards, etc., in proceedings
content:
11. —(1) This section applies to and in relation to any code, standard, rule, requirement, specification or other document issued by the Authority for the purpose of providing practical guidance or certainty in respect of any one or more of the requirements of this Part or any duty or other requirement prescribed in any aviation safety subsidiary legislation. (2) Subsection (4) has effect where — ( a ) a person is alleged to have committed an offence under this Part or any aviation safety subsidiary legislation — (i) by reason of a contravention of any provision of this Part or of any aviation safety subsidiary legislation; or (ii) by reason of a failure to discharge or perform a duty or other requirement imposed by this Part or any aviation safety subsidiary legislation; and ( b ) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the court in the criminal proceedings, a code, standard, rule, requirement, specification or other document mentioned in subsection (1) relates. (3) Subsection (4) has effect where — ( a ) a holder of an aviation safety instrument is alleged to have not satisfied any requirement of this Part or any aviation safety subsidiary legislation applicable to holders of that aviation safety instrument — (i) by reason of a contravention of any provision of this Part or of any aviation safety subsidiary legislation; or (ii) by reason of a failure to discharge or perform a duty or other requirement imposed by this Part or any aviation safety subsidiary legislation; and ( b ) the matter to which the alleged contravention or failure relates is one to which, in the opinion of the Authority or Minister in any administrative proceedings involving the exercise of any power under section 17, 18, 19, 22, 24, 25, 26 or 28, a code, standard, rule, requirement, specification or other document mentioned in subsection (1) relates. (4) In criminal proceedings mentioned in subsection (2) or administrative proceedings mentioned in subsection (3) — ( a ) compliance with a provision of such a code, standard, rule, requirement, specification or other document found by the court, Authority or Minister (as the case may be), to be relevant to a matter to which a contravention or failure alleged in the proceedings relates; or ( b ) a contravention of or a failure to comply with, whether by act or omission, any such provision so found, may be relied on by any party to those proceedings as tending to negative or establish any liability which is in question in those proceedings. [3C


document_id: ana-1966
provision_ref: s12
chapter: PART 2 - REGULATORY FRAMEWORK
section: 12
title: Meaning of “fit and proper person”
content:
12. —(1) For the purpose of determining whether or not a person is a fit and proper person for any purpose under this Part, the Authority must, having regard to the degree and nature of the person’s proposed involvement in the Singapore civil aviation system, have regard to, and give such weight as the Authority considers appropriate to, all of the following matters: ( a ) the person’s compliance history with aviation safety regulatory requirements; ( b ) the person’s relevant knowledge, competency and experience; ( c ) any history of physical or mental health or serious behavioural problems; ( d ) any conviction for any offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before 1 April 2014; ( e ) any evidence of the exercise of any power under section 17, 18, 19, 22, 24, 25, 26 or 28 in relation to the person for committing an aviation safety offence or for contravening any provision of this Act or any aviation safety subsidiary legislation; ( f ) whether the person is or was disqualified under section 21 from holding the same aviation safety instrument or such other related aviation safety instrument as the Authority must specify by order under that section. (2) Subsection (1) applies to a body corporate with the following modifications: ( a ) paragraphs ( a ), ( b ), ( d ) and ( e ) of that subsection must be read as if they refer to the body corporate and its officers; and ( b ) paragraphs ( c ) and ( f ) of that subsection must be read as if they refer only to the officers of the body corporate. (3) To avoid doubt — ( a ) the Authority is not confined to consideration of the matters specified in subsection (1) and may take into account any other matters and evidence that may be relevant; but ( b ) the Authority must not take into account any reportable safety matter notified under section 29 by a person for the purpose of determining whether or not that person is a fit and proper person. (4) The Authority may seek and receive any information (including medical reports) that the Authority thinks fit or consider information obtained from any source. (5) If the Authority proposes to take into account any information that is or may be prejudicial to a person, the Authority must, subject to subsection (6), as soon as is practicable, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it. (6) Nothing in subsection (5) requires the Authority to disclose any information, the disclosure of which would endanger the safety of any person. (7) In this section — “aviation safety offence” means an offence under this Act or any aviation safety subsidiary legislation; “aviation safety regulatory requirement” does not include any security directive or other requirement imposed by or under Part 2B. [3D


document_id: ana-1966
provision_ref: s13
chapter: PART 2 - REGULATORY FRAMEWORK
section: 13
title: Appointment of safety inspectors and delegation
content:
13. —(1) The Authority may in writing appoint as safety inspectors any of the following persons: ( a ) any employee of the Authority with suitable qualifications and experience to properly exercise the powers of a safety inspector; ( b ) any individual who is not an employee of the Authority and has suitable qualifications and experience to properly exercise the powers of a safety inspector. (2) The Authority must issue to each safety inspector an identification card, which must be carried at all times by the safety inspector when exercising powers under any provision in this Part or any aviation safety subsidiary legislation. (3) Subject to subsection (5), the Authority may delegate the exercise of all or any of the powers conferred or duties imposed upon it by any provision in this Part or any aviation safety subsidiary legislation — ( a ) to the Director-General of Civil Aviation; or ( b ) to such of its employees, and such other individuals who are not its employees, as it appoints under this section to be a safety inspector in relation to that provision, and any reference in this Act or such aviation safety subsidiary legislation to the Authority includes a reference to the Director‑General of Civil Aviation or such a safety inspector. (4) Subject to subsection (5), the Director‑General of Civil Aviation may, in writing, delegate to any employee of the Authority (whether or not appointed by the Authority to be a safety inspector) the exercise of all or any of the powers conferred or duties imposed upon him or her by any provision in this Act or any aviation safety subsidiary legislation; and any reference in this Act or such aviation safety subsidiary legislation to the Director‑General of Civil Aviation includes a reference to that employee. (5) Nothing in this section authorises delegating — ( a ) the power of delegation conferred by this section; ( b ) any power of the Authority to make aviation safety subsidiary legislation; ( c ) any power of the Director-General of Civil Aviation to make emergency directives of general application under section 23; or ( d ) to any individual who is not an employee of the Authority any power under section 17, 18, 19 or 21 with respect to any aviation safety instrument. (6) Any delegation under subsection (3) or (4) may be general or in a particular case and may be subject to such conditions or limitations as set out in this Act or as the Authority may specify. (7) Every safety inspector who is not an employee of the Authority and acting under this section is deemed to be a public servant for the purposes of the Penal Code 1871. [3E Division 2 &#x2014; Aviation safety instruments


document_id: ana-1966
provision_ref: s14
chapter: PART 2 - REGULATORY FRAMEWORK
section: 14
title: Requirement for aviation safety instrument
content:
14. —(1) The Authority may in any aviation safety subsidiary legislation provide that an aviation safety instrument is required by or in respect of all or any of the following: ( a ) aircraft operators; ( b ) aircraft owners; ( c ) aircraft pilots and flight crew members; ( d ) air traffic service personnel; ( e ) aircraft maintenance personnel; ( f ) air traffic services, search and rescue services and aeronautical information services; ( g ) aerodromes, aerodrome operators and aerodrome rescue and firefighting services; ( h ) navigation installations; ( i ) aviation training organisations; ( j ) aircraft design, manufacture, and maintenance organisations; ( k ) aeronautical procedures; ( l ) aeronautical meteorological services; ( m ) aeronautical telecommunications services; ( n ) such other persons, aircraft, aeronautical products, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, or classes of such persons, aircraft, aeronautical products, aviation‑related services, facilities, and equipment operated in support of the civil aviation system, as may, in the interests of safety or security, be specified in the aviation safety subsidiary legislation; ( o ) any person who is an aviation examiner or medical assessor. [10/2014] (2) A person must not operate, maintain or service or do any other act in respect of any aircraft, aeronautical product or aviation‑related service referred to in subsection (1)( a ) to ( o ) for which an aviation safety instrument is required under any aviation safety subsidiary legislation unless — ( a ) the person holds an aviation safety instrument that is in force and authorises the person to do that act; or ( b ) the person is authorised by or under the aviation safety subsidiary legislation to do that act without the aviation safety instrument. (3) Any person who contravenes subsection (2) shall be guilty of an offence. [34/2019] (4) A person who is guilty of an offence under subsection (3) shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [34/2019] (5) A person is a repeat offender in relation to an offence under subsection (3) relating to an aviation safety instrument which is required under any aviation safety subsidiary legislation if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of — ( a ) an offence under subsection (3) relating to an activity or act in respect of any aircraft, aeronautical product or aviation‑related service for which the same type of aviation safety instrument is required under any aviation safety subsidiary legislation; or ( b ) an offence under an order made under section 8 relating to an activity or act in respect of any aircraft, aeronautical product or aviation‑related service for which the same type of aviation safety instrument is required under such an order. [34/2019] (6) Subject to any such aviation safety subsidiary legislation, an aviation safety instrument may be issued by the Authority for such specified period and subject to such conditions as the Authority considers appropriate in each particular case. [4


document_id: ana-1966
provision_ref: s15
chapter: PART 2 - REGULATORY FRAMEWORK
section: 15
title: Grant and renewal of aviation safety instruments
content:
15. —(1) Every application for the grant or renewal of an aviation safety instrument must be made to the Authority in the form prescribed by any aviation safety subsidiary legislation or, if there is no prescribed form, in any form that the Authority requires. (2) After considering any application for the grant or renewal of an aviation safety instrument, the Authority may, as soon as is practicable, grant the application if the Authority is satisfied that — ( a ) all things in respect of which the aviation safety instrument is sought meet the relevant requirements prescribed by the applicable aviation safety subsidiary legislation; ( b ) the applicant and any person who is to have or is likely to have control over the exercise of the privileges under the aviation safety instrument — (i) either holds the relevant qualifications and experience prescribed by the applicable aviation safety subsidiary legislation or holds any foreign qualifications or certifications, licences or permits issued by a foreign aviation authority that are acceptable to the Authority under subsection (3); (ii) is a fit and proper person to have such control or hold the aviation safety instrument; and (iii) meets all other relevant requirements prescribed by the applicable aviation safety subsidiary legislation; ( c ) the applicant is not disqualified under section 21 from holding that aviation safety instrument; and ( d ) it is not contrary to the interests of aviation safety for the aviation safety instrument to be granted or renewed. (3) For the purpose of granting or renewing an aviation safety instrument, the Authority may, subject to any provisions in the applicable aviation safety subsidiary legislation, accept such foreign qualifications or recognise such certifications, licences or permits issued by a foreign aviation authority as it considers appropriate in each case. (4) It is a condition of every current aviation safety instrument that the holder of, and any person who has or is likely to have control over the exercise of the privileges under, the aviation safety instrument continue to satisfy the fit and proper person test specified in subsection (2)( b )(ii). (5) Where the Authority refuses to grant an application for the grant or renewal of an aviation safety instrument under this section, the applicant may appeal against that decision to the Minister within the time and in the manner prescribed by the applicable aviation safety subsidiary legislation; and the Minister’s decision on appeal is final. [4A


document_id: ana-1966
provision_ref: s16
chapter: PART 2 - REGULATORY FRAMEWORK
section: 16
title: General duties of holder of aviation safety instrument
content:
16. —(1) Unless otherwise provided by the applicable aviation safety subsidiary legislation, a person who is required by the applicable aviation safety subsidiary legislation for or in respect of any matter in section 14(1)( a ) to ( o ) to hold an appropriate aviation safety instrument must ensure that the appropriate aviation safety instrument and all the necessary qualifications and other documents are held by that person before that person does anything for which such an aviation safety instrument is required. (2) Where a person mentioned in subsection (1) holds an aviation safety instrument, the person — ( a ) must comply with all the relevant aviation safety subsidiary legislation, and the conditions attached to the relevant aviation safety instrument the person holds; ( b ) must ensure that the activities or functions for which the aviation safety instrument has been granted are carried out by the person, and by all persons for whom the person is responsible, safely and in accordance with the relevant safety standards and practices prescribed by the applicable aviation safety subsidiary legislation; and ( c ) where the aviation safety instrument authorises the provision of a service within the civil aviation system — (i) must, if so required by the applicable aviation safety subsidiary legislation, establish and follow a management system that will ensure compliance with the relevant safety standards prescribed by that aviation safety subsidiary legislation and the conditions attached to the aviation safety instrument; (ii) must provide training and supervision to all employees of the person who are engaged in doing anything to which the aviation safety instrument relates, so as to maintain compliance with the relevant safety standards prescribed by the applicable aviation safety subsidiary legislation and the conditions attached to the aviation safety instrument and to promote safety; and (iii) must provide sufficient resources to ensure compliance with the relevant safety standards prescribed by the applicable aviation safety subsidiary legislation and the conditions attached to the aviation safety instrument. [4B


document_id: ana-1966
provision_ref: s17
chapter: PART 2 - REGULATORY FRAMEWORK
section: 17
title: Power to suspend or impose conditions on aviation safety instrument
content:
17. —(1) The Authority may suspend any aviation safety instrument or impose conditions in respect of any such aviation safety instrument if — ( a ) the Authority considers such action necessary to ensure compliance with this Part or the applicable aviation safety subsidiary legislation; ( b ) the Authority is satisfied that the holder of the aviation safety instrument has failed to comply with any condition of the aviation safety instrument, any provision of this Part or the applicable aviation safety subsidiary legislation; ( c ) the Authority considers that the privileges or duties for which the aviation safety instrument has been granted are being carried out by the holder in a careless or incompetent manner; or ( d ) in the case of an aviation safety instrument relating to the use of any aircraft, aeronautical product, or the provision of any service, the Authority considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the aviation safety instrument relates, and the Authority considers that suspending the aviation safety instrument or imposing conditions in respect of the aviation safety instrument is necessary in the interests of safety. (2) The suspension of any aviation safety instrument and any conditions imposed under subsection (1) remain in force until the Authority determines what action (if any) mentioned in subsection (3) is to be taken; but any such suspension or conditions expire 10 working days after the date that the suspension or conditions are imposed unless, before the expiry of that 10‑working day period, the Authority extends the suspension or conditions for a further specified period. (3) The Authority may take one or more of the following actions: ( a ) impose conditions in respect of any such aviation safety instrument for a specified period; ( b ) withdraw any conditions in respect of any such aviation safety instrument; ( c ) suspend any aviation safety instrument in whole or part for a specified period; ( d ) revoke or partially revoke any aviation safety instrument under section 18; ( e ) impose permanent conditions under section 18. (4) Any person whose aviation safety instrument has been suspended or made subject to conditions under subsection (3) must forthwith produce that document to the Authority for appropriate endorsement. (5) The holder of an aviation safety instrument who is aggrieved by any decision of the Authority under this section may appeal to the Minister in the manner prescribed by the applicable aviation safety subsidiary legislation; and the Minister’s decision on appeal is final. [4C


document_id: ana-1966
provision_ref: s18
chapter: PART 2 - REGULATORY FRAMEWORK
section: 18
title: Power to revoke or impose permanent conditions on aviation safety instrument
content:
18. —(1) The Authority may, if it considers it necessary in the interests of aviation safety and after an inspection, monitoring, or investigation carried out under this Part, revoke an aviation safety instrument or impose permanent conditions on an aviation safety instrument. (2) Without limiting subsection (1), the Authority may revoke or impose permanent conditions on an aviation safety instrument if the Authority considers that the revocation or imposition of permanent conditions is necessary in the interests of aviation safety. (3) Revocation under this section may be in respect of the whole or any part of an aviation safety instrument. (4) Before exercising any powers under this section, the Authority must give notice to the holder of the aviation safety instrument concerned — ( a ) stating that it proposes to revoke or impose permanent conditions on the aviation safety instrument in the manner as specified in the notice; and ( b ) specifying the time (being at least 28 days from the date of service of notice on the holder) within which written representations may be made to the Authority with respect to the proposed revocation of the aviation safety instrument or the permanent conditions to be imposed on the aviation safety instrument, as the case may be. (5) Upon receipt of any written representation mentioned in subsection (4)( b ), the Authority must consider the written representation and may — ( a ) reject the written representation; or ( b ) amend the proposed permanent condition in accordance with the written representation, or otherwise, and, in either event, the Authority must give written notice to the holder of the aviation safety instrument concerned of its decision. (6) A person whose aviation safety instrument is revoked or made subject to permanent conditions under this section must — ( a ) if the aviation safety instrument is made subject to permanent conditions or revoked in part, immediately produce the document to the Authority for appropriate endorsement; and ( b ) if the whole aviation safety instrument is revoked, immediately surrender the document to the Authority. (7) The holder of an aviation safety instrument who is aggrieved by any decision of the Authority under this section may appeal to the Minister in the manner prescribed by the applicable aviation safety subsidiary legislation; and the Minister’s decision on appeal is final. [4D


document_id: ana-1966
provision_ref: s19
chapter: PART 2 - REGULATORY FRAMEWORK
section: 19
title: Provisional orders to avoid imminent danger, etc.
content:
19. —(1) Subject to subsection (4), where it appears to the Authority that a holder of an aviation safety instrument is contravening, or is likely to contravene, any condition of the aviation safety instrument, that there are reasonable grounds to believe there is a serious and imminent risk to air safety and that it is appropriate or requisite, to avoid any actual or imminent occurrence that endangers or threatens to endanger the safety of the public, that a provisional order be made under this section, the Authority must, instead of taking any decision under section 17 or 18, by provisional order make any provision that appears to it requisite for securing compliance with that condition. (2) A provisional order — ( a ) is to require the holder of an aviation safety instrument to whom it relates (according to the circumstances of the case) to do, or not to do, such things as are specified in the provisional order or are of a description so specified; ( b ) is to take effect at such time, being the earliest practicable time, as is determined by or under the provisional order; and ( c ) may be revoked at any time by the Authority. (3) In determining whether it is appropriate or requisite that a provisional order be made, the Authority must have regard, in particular, to the extent to which any person is likely to sustain loss or damage in consequence of anything which, in contravention of the condition of an aviation safety instrument, is likely to be done, or omitted to be done, before a decision under section 17 or 18 may be made. (4) Subject to subsections (5), (6) and (7), the Authority must, by written notice, confirm a provisional order, with or without modifications, if — ( a ) the Authority is satisfied that the holder of an aviation safety instrument to whom the order relates has contravened, or is likely to contravene, any condition of its instrument; and ( b ) the provision made by the order (with any modifications) is requisite for the purpose of securing compliance with that condition. (5) The Authority must not confirm a provisional order in relation to a holder of an aviation safety instrument if it is satisfied — ( a ) that the duties imposed on the Authority under this Act or the Civil Aviation Authority of Singapore Act 2009 preclude the confirming of such a provisional order; ( b ) that the holder of an aviation safety instrument has agreed to take, and is taking, all such steps as it appears to the Authority for the time being to be appropriate for the holder of that instrument to take for the purpose of securing or facilitating compliance with the condition in question; or ( c ) that the contraventions were, or the apprehended contraventions are, of a trivial nature. (6) Before the Authority confirms a provisional order, the Authority must give notice to the holder of an aviation safety instrument concerned — ( a ) stating that the Authority proposes to confirm the provisional order and setting out its effect; ( b ) setting out — (i) the relevant condition of the aviation safety instrument for the purpose of securing compliance with which the provisional order is to be confirmed; (ii) the acts or omissions which, in the Authority’s opinion, constitute or would constitute contraventions of that condition; and (iii) the other facts which, in the Authority’s opinion, justify the confirmation of the provisional order; and ( c ) specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed confirmation may be made, and must consider any representations or objections which are duly made and not withdrawn. (7) The Authority must not confirm a provisional order with modifications except — ( a ) with the consent of the holder of an aviation safety instrument to whom the order relates; or ( b ) after — (i) serving on that holder of an aviation safety instrument such notice of the proposal to confirm the provisional order with modifications and in that notice, specifying the period (being at least 28 days from the date of service of the notice) within which representations or objections with respect to the proposed modifications may be made; and (ii) considering any representations or objections which are duly made and not withdrawn. (8) In this section, “provisional order” means an order under this section which, if not previously confirmed in accordance with subsection (5), ceases to have effect at the end of such period (not exceeding 3 months) as is determined by or under the order. [4E


document_id: ana-1966
provision_ref: s20
chapter: PART 2 - REGULATORY FRAMEWORK
section: 20
title: Criteria for action under section 17, 18 or 19
content:
20. —(1) For the purpose of determining whether an aviation safety instrument a person holds should be suspended or made subject to conditions under section 17, or revoked or made subject to permanent conditions under section 18, whether a provisional order should be made under section 19 in respect of that person, or whether the person should be disqualified under section 21, the Authority may have regard to, and give such weight as it considers appropriate to, all of the following matters: ( a ) the person’s compliance history with aviation safety regulatory requirements; ( b ) any conviction for an offence, whether or not the conviction was in a Singapore court and whether or not the offence was committed before 1 April 2014; ( c ) any evidence that the person has committed an aviation safety offence or has contravened any provision in this Act or any aviation safety subsidiary legislation. (2) To avoid doubt, the Authority is not confined to consideration of the matters specified in subsection (1) and may take into account any other matters and evidence that may be relevant. (3) The Authority may seek and receive any information that the Authority thinks fit or consider information obtained from any source. (4) If the Authority proposes to take into account any information that is or may be prejudicial to a person, the Authority must, subject to subsection (5), as soon as is practicable, but in the case of the suspension of an aviation safety instrument or the imposition of conditions under section 17, no later than 5 working days after suspending the aviation safety instrument or imposing conditions, disclose that information to that person and give that person a reasonable opportunity to refute or comment on it. (5) Nothing in subsection (4) requires the Authority to disclose any information, the disclosure of which would endanger the safety of any person or before exercising any power under section 19. (6) In this section — “aviation safety offence” means an offence under this Act or any aviation safety subsidiary legislation; “aviation safety regulatory requirement” does not include any security directive or requirement imposed by or under Part 2B. [4F


document_id: ana-1966
provision_ref: s21
chapter: PART 2 - REGULATORY FRAMEWORK
section: 21
title: Disqualification from holding aviation safety instrument
content:
21. —(1) Where an aviation safety instrument is wholly revoked under section 18, the person who was the holder of that aviation safety instrument is also disqualified, for the period that the Authority specifies, from holding the same aviation safety instrument or such other related aviation safety instrument, as the Authority must specify and inform the person by order. (2) A person commits an offence who applies for or obtains an aviation safety instrument while disqualified by an order of the Authority under this section from obtaining such an instrument and any such instrument so obtained is of no effect. (3) A former holder of an aviation safety instrument who is aggrieved by any decision of the Authority under this section may appeal to the Minister in the manner prescribed by the applicable aviation safety subsidiary legislation; and the Minister’s decision on appeal is final. [4G


document_id: ana-1966
provision_ref: s22
chapter: PART 2 - REGULATORY FRAMEWORK
section: 22
title: Directives affecting holder of aviation safety instrument
content:
22. —(1) Subject to subsection (5), the Authority may, whether or not any administrative proceedings are instituted under section 17, 18 or 19, give a directive to the holder of any aviation safety instrument, according to the circumstances of the case, to do, or not to do, such things as are specified in the directive or are of a description as specified in the directive if — ( a ) the Authority considers such action necessary in the interests of promoting or protecting safety or public health or ensuring environmental sustainability; ( b ) the Authority is satisfied that the holder of the aviation safety instrument has failed to comply with any conditions of the aviation safety instrument; ( c ) the Authority considers that the privileges or duties for which the aviation safety instrument has been granted are being carried out by the holder in a careless or incompetent manner; or ( d ) in the case of an aviation safety instrument relating to the use of any aircraft, aeronautical product, or the provision of any service, or impose conditions in respect of any such document, the Authority considers that there is reasonable doubt as to the airworthiness of the aircraft or as to the quality or safety of the aeronautical product or service to which the aviation safety instrument relates, and that holder must comply with that directive as soon as it takes effect. (2) Every directive under subsection (1) takes effect when the directive is given to the holder of an aviation safety instrument concerned or on a later date specified in the directive. (3) A directive under this section in respect of the holder of an aviation safety instrument must not be inconsistent with any provision in this Act or any aviation safety subsidiary legislation, or the conditions of the aviation safety instrument. (4) The Authority may at any time revoke any directive given under this section. (5) Before giving a directive to any holder of an aviation safety instrument under subsection (1), the Authority must, unless the Authority in respect of any particular directive considers that it is not practicable or desirable, give notice — ( a ) stating that the Authority proposes to make the directive and setting out its effect; and ( b ) specifying the time within which representations or objections to the proposed directive may be made, and must consider any representations or objections which are duly made. (6) Where a holder of any aviation safety instrument has been subject to administrative proceedings under section 17, 18 or 19 (called in this subsection the first administrative action) and a directive is given to the holder under this section in connection with those proceedings, and the holder of the aviation safety instrument continues to fail to comply with the directive of the Authority under this section, such failure constitutes a fresh ground for administrative proceedings under section 17 or 18 for every day or part of a day that the failure continues after the first administrative action. [4H


document_id: ana-1966
provision_ref: s23
chapter: PART 2 - REGULATORY FRAMEWORK
section: 23
title: Emergency directives
content:
23. —(1) Subject to subsection (2), the Director‑General of Civil Aviation may from time to time and in accordance with subsections (3), (4) and (5), make such emergency directives of general application as may be necessary to alleviate or minimise any risk of the death of, or a serious injury to, any person or of damage to any property. (2) The Director-General of Civil Aviation must not make any emergency directive of general application unless it is impracticable in the circumstances of the particular case for the Authority to make or amend any aviation safety subsidiary legislation to effectively alleviate or minimise the risk concerned. (3) Once such an emergency directive of general application is made, the Director‑General of Civil Aviation must cause to be published in the Gazette the emergency directive except that where for reasons of safety or security it is impracticable to notify the emergency directive in the Gazette , the Director‑General of Civil Aviation must notify any person or persons that he or she thinks appropriate or necessary in the circumstances. (4) Every emergency directive of general application comes into force immediately upon its being published in the Gazette or, where notified by service on any person under subsection (3), immediately upon service of the notification upon that person and in respect of that person only. (5) An emergency directive of general application made under this section may be in force for a period not exceeding 90 days unless earlier revoked under subsection (6), and may be renewed by the Director‑General of Civil Aviation once only for a further period not exceeding 30 days. (6) The Authority may, at any time when any emergency directive of general application made under subsection (1) is in force, revoke the emergency directive by publishing notice of that revocation in the Gazette . (7) So far as any emergency directive of general application is inconsistent with any aviation safety subsidiary legislation, the emergency directive prevails. [4I Division 3 &#x2014; Safety inspections and enforcement powers


document_id: ana-1966
provision_ref: s24
chapter: PART 2 - REGULATORY FRAMEWORK
section: 24
title: Safety inspections and monitoring
content:
24. —(1) The Authority may, by notice, require — ( a ) any holder of an aviation safety instrument; or ( b ) any person who operates, maintains or services, or does any other act in respect of, any aircraft or aeronautical product, or who provides any aviation-related service or air traffic service, to undergo any inspection or monitoring that the Authority considers, on reasonable grounds, necessary in the interests of civil aviation safety. (2) For the purposes of any inspection or monitoring under subsection (1), the Director‑General of Civil Aviation or a safety inspector may in respect of any person described in subsection (1)( a ) or ( b ), by written notice, require from that person any information that the Director‑General of Civil Aviation or safety inspector (as the case may be) considers relevant to the inspection or monitoring. (3) Any person to whom a notice under subsection (1) or (2) is given who, without reasonable excuse, fails to comply with the requirements of the notice 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. [4J


document_id: ana-1966
provision_ref: s25
chapter: PART 2 - REGULATORY FRAMEWORK
section: 25
title: Investigating holder of aviation safety instrument
content:
25. —(1) Without affecting sections 24 and 26, the Director‑General of Civil Aviation or a safety inspector may require the holder of an aviation safety instrument to undergo an investigation conducted by the Director‑General of Civil Aviation or a safety inspector if the Director‑General of Civil Aviation or safety inspector, as the case may be — ( a ) has reasonable grounds to believe that the holder has failed to comply with any condition of the aviation safety instrument, or considers that the privileges or duties for which the aviation safety instrument has been granted are being carried out by the holder in a careless or incompetent manner; and ( b ) believes, on reasonable grounds, that the investigation is necessary in the interests of civil aviation safety. (2) If the Director-General of Civil Aviation or a safety inspector requires any holder of an aviation safety instrument to undergo an investigation under this section, he or she must — ( a ) inform the holder, in writing, of the date on which the investigation will begin; ( b ) conclude the investigation as soon as practicable; and ( c ) inform the holder, in writing, of the results of the investigation, including any recommendations arising out of the investigation and the grounds for those recommendations. [4K


document_id: ana-1966
provision_ref: s26
chapter: PART 2 - REGULATORY FRAMEWORK
section: 26
title: Power to detain aircraft, aeronautical products, etc.
content:
26. —(1) Where the Director-General of Civil Aviation believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and that prompt action is necessary to prevent the danger, the Director‑General of Civil Aviation may do all or any of the following: ( a ) prohibit or impose conditions on the operation of the aircraft or all aircraft of that class; ( b ) prohibit or impose conditions on the use of the aeronautical product or aeronautical products of that class; ( c ) detain particular aircraft or seize particular aeronautical products where necessary in order to prevent their operation or use. (2) Where the Director-General of Civil Aviation believes on reasonable grounds that the operation or use of any aircraft or aeronautical product or any class of aircraft or aeronautical products may endanger persons or property and notifies the Authority, the Authority may do all or any of the following: ( a ) detain the aircraft or any aircraft of that class; ( b ) seize the aeronautical product or any aeronautical products of that class; ( c ) prohibit or impose conditions on the operation of the aircraft or aircraft of that class, or the use of any aeronautical product or any aeronautical products of that class. (3) Any detention or seizure under subsection (1) or (2) must be maintained for only such time as is necessary in the interest of safety; but, if any aircraft, aeronautical products, or parts thereof are required for the purpose of evidence in any prosecution under this Act, those aircraft, aeronautical products, or parts thereof may be retained by the Director‑General of Civil Aviation or the Authority for any period that the Director‑General of Civil Aviation or the Authority (as the case may be) considers necessary for that purpose. (4) The Director-General of Civil Aviation or the Authority (as the case may be) must, if requested by the owner or the person for the time being in charge of an aircraft detained or an aeronautical product seized under subsection (1) or (2) (as the case may be) provide in writing to the owner or that person the reasons for the detention or seizure. (5) Any person who is aggrieved by any decision of the Director‑General of Civil Aviation or the Authority under this section may appeal to the Minister in the manner prescribed by such order made under such aviation safety subsidiary legislation as is applicable; and the Minister’s decision on appeal is final. (6) For the purpose of subsections (1) and (2), the Director‑General of Civil Aviation or the Authority (as the case may be) must notify any prohibitions or conditions to any persons that the Director‑General of Civil Aviation or the Authority considers necessary by any means of communication, whether or not of a permanent nature, that he or she or it considers appropriate in the circumstances. [4L


document_id: ana-1966
provision_ref: s27
chapter: PART 2 - REGULATORY FRAMEWORK
section: 27
title: Power to obtain information
content:
27. —(1) For the purpose of finding out whether the provisions of this Act or any applicable aviation safety subsidiary legislation is being complied with, a safety inspector may by notice require any holder of an aviation safety instrument or other person to provide, within a reasonable period specified in the notice, and in the form and manner that may be specified in the notice, all documents and information relating to any matter — ( a ) which a safety inspector considers necessary for that purpose; and ( b ) which are within the knowledge of that person or in that person’s custody or under that person’s control. [16/2015] (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 individual who is or was an officer or employee of that person — (i) to provide an explanation of the document or information; or (ii) to attend before a safety inspector for an interview and to answer any question and give a statement about 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. [16/2015] (3) Where a person is required to attend before a safety inspector for an interview, the safety inspector must — ( a ) record the person’s answers or statement at the interview in writing; ( b ) read over that written record in paragraph ( a ) of the person’s answers or statement or, if the person is for any reason unable to understand or communicate in spoken English sufficiently, use an interpreter to inform the person about contents of the written record; and ( c ) then require the person to sign that written record. [16/2015] (4) 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 $50,000 or to imprisonment for a term not exceeding 2 years or to both. (5) 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 $50,000 or to imprisonment for a term not exceeding 2 years or to both. (6) If any person fails to comply with a notice under subsection (1), the court may, on the application of the Authority, make any order that 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 that person or by any officer of a company or other body who is responsible for the failure. (7) The Authority or any safety inspector (as the case may be) is entitled without payment to keep any document or information, or any copy or extract of any document or information, provided under subsection (1). [4M [16/2015]


document_id: ana-1966
provision_ref: s28
chapter: PART 2 - REGULATORY FRAMEWORK
section: 28
title: Power of entry to premises, aircraft, etc.
content:
28. —(1) For the purpose of finding out whether the provisions of this Act or any applicable aviation safety subsidiary legislation is being complied with, the Director‑General of Civil Aviation and every safety inspector has right of access at any reasonable time to the following: ( a ) any aircraft, aerodrome, building, or place; ( b ) any document or record concerning any aircraft, aeronautical product, or aviation‑related service. (2) In addition, where the Director-General of Civil Aviation or any safety inspector — ( a ) has reasonable grounds to believe that — (i) any breach of any provision in this Part or the applicable aviation safety subsidiary legislation is being or about to be committed; (ii) a condition imposed under any aviation safety instrument is not being complied with; or (iii) a situation exists within the civil aviation system or is about to exist that constitutes a danger to persons or property; and ( b ) has reasonable grounds for suspecting that there is on, or in, any aircraft, aerodrome, building, or place, any particular thing which may be evidential material relevant to an offence under any provision of this Part or of any applicable aviation safety subsidiary legislation, the Director-General of Civil Aviation or the safety inspector may enter at any reasonable time the aircraft, aerodrome, building, or place and exercise any powers referred to in subsection (4) to determine whether or not a matter referred to in paragraph ( a )(i), (ii) and (iii) exists. (3) The Director-General of Civil Aviation or any safety inspector is authorised to enter any aircraft, aerodrome, building, or place under subsection (1) only if the occupier of the aircraft, aerodrome, building, or place has consented to the entry or after giving 6 hours’ prior notice of that entry. (4) Every person who is authorised to have access to or to enter any aircraft, aerodrome, building, or place under subsection (1) or (2) may — ( a ) require any person who is in possession of an aviation safety instrument, or any certificate, book, manual, record, list, notice, or other document that is required to be kept by or under this Act, relating or reasonably believed to relate to the commission of an offence or the non‑compliance with the condition (wherever and by whomsoever kept) and take and retain extracts or copies thereof to produce or surrender it; ( b ) compel any person who is able to operate any equipment at the premises to do so for the purpose of enabling the authorised person to ascertain whether the equipment, or a disk, tape or other storage device that can be used or associated with the equipment, contains information that is relevant to the investigation; ( c ) if such information is found in exercise of the power in paragraph ( b ), produce, or compel the production of, the information in documentary form, and keep or copy the documents so produced or transfer, or compel the transfer of, the information to a disk, tape or other storage device, and remove it from the premises; ( d ) require any person in possession of, or having control of, any machinery, equipment or other thing relating to the maintenance, operation or servicing of any aircraft or aeronautical product, or the provision of air traffic service or aviation‑related services to produce the machinery, equipment or other thing for inspection and to answer questions or provide information relating to the machinery, equipment or other thing; ( e ) inspect and test any machinery, equipment or other thing mentioned in paragraph ( d ); ( f ) if the Director-General of Civil Aviation or safety inspector considers it necessary to do so for the purpose of obtaining evidence of the contravention of any provision of this Part or any applicable aviation safety subsidiary legislation, or any condition of an aviation safety instrument, seize any machinery, equipment, substance, record or other thing; ( g ) inspect, examine and take samples of any substance or thing on or in the aircraft, aerodrome, building, or place; or ( h ) photograph, or make sketches of, the aircraft, aerodrome, building, or place and any substance or thing on or in the aircraft, aerodrome, building, or place. (5) If the Director-General of Civil Aviation or a safety inspector seizes anything under this section, it may be retained by him or her until the completion of any proceedings (including proceedings on appeal) in which it may be evidence but, in the case of records, the person from whom the records were seized must be permitted to inspect and make copies of the records. (6) Subsection (5) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings mentioned in that subsection are instituted so orders. (7) The Director-General of Civil Aviation or a safety inspector — ( a ) may arrest without warrant any person whom he or she reasonably believes has committed an arrestable offence under this Act; and ( b ) may exercise all or any of the powers in relation to investigations into an arrestable offence conferred on a police officer by the Criminal Procedure Code 2010 in any case relating to the commission of an arrestable offence under this Act or in any case where an arrestable offence is disclosed under any written law in the course of an investigation under this Act. (8) For the purposes of subsection (7), when the Director‑General of Civil Aviation or a safety inspector is exercising the powers of a police officer under that subsection, he or she is deemed to be an officer not below the rank of inspector of police. [4N


document_id: ana-1966
provision_ref: s29
chapter: PART 2 - REGULATORY FRAMEWORK
section: 29
title: Obligation to notify reportable safety matters
content:
29. —(1) If a responsible person has knowledge of any reportable safety matter, the person must, where required to do so under the applicable aviation safety subsidiary legislation, notify the Authority of the reportable safety matter in the manner prescribed in the aviation safety subsidiary legislation, including those of the particulars of the matter prescribed by that subsidiary legislation that are known. (2) A responsible person shall be guilty of an offence if the person fails to comply with subsection (1). (3) A responsible person is not excused from giving any information required by subsection (1) on the ground that the disclosure of the information might tend to incriminate the person or expose the person to a penalty. (4) Where a responsible person claims, before giving any information that the person is required by subsection (1) to give, that the disclosure of the information might tend to incriminate the person — ( a ) that information; ( b ) the giving of the information; and ( c ) any information, document or thing obtained as a direct or indirect consequence of the giving of the information, is not admissible in evidence against the person in any criminal proceedings other than proceedings for an offence under section 86. (5) In this section — “reportable safety matter” means safety matter that is prescribed by any aviation safety subsidiary legislation to be a reportable safety matter; “responsible person”, in relation to a reportable safety matter, means — ( a ) a person who operates, maintains, or services, or does any other act in respect of, any aircraft, aeronautical product or aviation‑related service; or ( b ) any other person, who is prescribed by the applicable aviation safety subsidiary legislation for the purposes of this definition in relation to the reportable safety matter concerned; “safety matter” means — ( a ) the occurrence of any incident involving any Singapore registered aircraft or any aircraft operated by a Singapore operator which endangers or which, if not corrected, would endanger an aircraft, its occupants or any other person, including and not limited to defects or malfunctioning of the aircraft or any part of the aircraft; ( b ) the occurrence of any incident involving any facility on the ground used or intended to be used for purposes of or in connection with the operation of an aircraft, which endangers or which, if not corrected, would endanger an aircraft, its occupants or any other person, including and not limited to defects or malfunctioning of the facility or any part of the facility; ( c ) any information that relates to compliance, or failure to comply, with any provision of this Act or of any applicable aviation safety subsidiary legislation, or with the law of any Contracting State in which the aircraft operates; ( d ) any other occurrence that affected, is affecting, or might affect safety of transport by air that may be prescribed by any aviation safety subsidiary legislation to be a safety matter. [4O


document_id: ana-1966
provision_ref: s30
chapter: PART 2 - REGULATORY FRAMEWORK
section: 30
title: Exemption of aircraft and parts thereof from seizure on patent claims
content:
30. —(1) Subject to subsection (2), the importation into, and storage in, Singapore of spare parts and spare equipment for an aircraft to which this section applies and the use and installation of the parts and spare equipment in the repair of such an aircraft does not entail any seizure or detention of the aircraft or of the spare parts or spare equipment or any proceedings being brought against the owner or operator of the aircraft or the owner of the spare parts or spare equipment or any other interference with the aircraft by or on behalf of any person in Singapore on the ground that the spare parts or spare equipment or their installation are or is an infringement of any patent, design or model. (2) Subsection (1) does not apply in relation to any spare parts or spare equipment which are sold or distributed in Singapore or are exported from Singapore for sale or distribution. (3) This section applies to an aircraft, other than an aircraft used in military, customs or police service, registered in any country or territory in the case of which there is for the time being in force an order made by the Minister, with a view to the fulfilment of the provisions of the Chicago Convention to which this section relates, that the benefits of those provisions apply to that country or territory, and to any other aircraft that the Minister may, by order, specify. [5 Division 4 &#x2014; Special powers and prohibited activities [16/2015]


document_id: ana-1966
provision_ref: s31
chapter: PART 2 - REGULATORY FRAMEWORK
section: 31
title: Special powers in case of emergency
content:
31. —(1) In time of war, whether actual or imminent, or when a Proclamation of Emergency under the Constitution is in force, the Minister may, by order, regulate or prohibit, either absolutely or subject to any conditions that may be contained in the order, and despite the provisions of this Part or any subsidiary legislation made under this Part, the navigation of all or any descriptions of aircraft over Singapore or any portion of Singapore; and may, by order, provide for taking possession of and using for the purposes of the Singapore Armed Forces or of any visiting force lawfully present in Singapore any aerodrome or any aircraft in Singapore or any machinery, plant, material or things found in or on the aerodrome or aircraft, and for regulating or prohibiting the use, erection, building, maintenance or establishment of any aerodrome, flying school, or landing ground, of any class or description. (2) An order made under this section may make, for the purpose of the order, such provisions as an order under section 8 may make for the purpose of securing compliance with the provisions of the order having effect by virtue of section 8(2)( n ). (3) Subject to subsection (4), any person who suffers direct injury or loss, owing to the operation of an order of the Minister under this section, is entitled to receive compensation from the Government from any public funds that may lawfully be applied for the purpose, the amount thereof to be fixed, in default of agreement, by a single arbitrator to be agreed upon or failing agreement to be appointed by the Chief Justice. (4) No compensation is to be payable under subsection (3) by reason of the operation of a general order under this section prohibiting flying in Singapore or any part of Singapore. [6


document_id: ana-1966
provision_ref: s32
chapter: PART 2 - REGULATORY FRAMEWORK
section: 32
title: Prohibited photography over protected areas
content:
32. —(1) The Minister may by order in the Gazette declare any area to be a protected area within the meaning of this section. [16/2015] (2) If — ( a ) an unmanned aircraft has on board equipment for taking photographs when flying; and ( b ) a photograph is taken of the whole or any part of a protected area using that photographic equipment on board the unmanned aircraft, the operator of the unmanned aircraft, and the person taking the photograph if the person is not the operator, shall each be guilty of an offence. [16/2015; 34/2019] (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [34/2019] (4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of an offence under subsection (2). [34/2019] (5) In proceedings for an offence under subsection (2) — ( a ) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that — (i) the area is a protected area; or (ii) the unmanned aircraft had on board equipment for taking photographs when flying; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that — (i) the photograph of the whole or any part of the protected area using photographic equipment on board the unmanned aircraft was not taken intentionally but was taken because of weather conditions or other unavoidable cause; or (ii) the accused has in force a permit from a competent security officer and had, in accordance with that permit, taken, or caused to be taken, any photograph of the whole or any part of a protected area using photographic equipment on board the unmanned aircraft. [16/2015] (6) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [16/2015] (7) In this section, a reference to taking a photograph includes a reference to — ( a ) making a film or a video recording; and ( b ) making a recording of images for the purpose of broadcasting or live‑streaming the images. [7 [16/2015]


document_id: ana-1966
provision_ref: s33
chapter: PART 2 - REGULATORY FRAMEWORK
section: 33
title: Permit needed for certain overflight by unmanned aircraft
content:
33. —(1) A person must not operate an unmanned aircraft to fly, at any height, over any part of any protected area declared under section 32. [16/2015] (2) Every operator of an unmanned aircraft who contravenes subsection (1) shall be guilty of an offence. [16/2015; 34/2019] (3) A person who is guilty of an offence under subsection (2) shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [34/2019] (4) A person is a repeat offender in relation to an offence under subsection (2) if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of an offence under subsection (2). [34/2019] (5) In proceedings for an offence under subsection (2) — ( a ) it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the area flown over is a protected area; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that — (i) the accused did not intentionally cause the unmanned aircraft to fly over the protected area, and the overflight was not due to any want of reasonable care on the part of the accused; or (ii) the overflight was authorised by and in accordance with a permit from a competent security officer. [16/2015] (6) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [7A [16/2015]


document_id: ana-1966
provision_ref: s34
chapter: PART 2 - REGULATORY FRAMEWORK
section: 34
title: Absolute prohibition of carriage of dangerous materials on unmanned aircraft
content:
34. —(1) If — ( a ) a person operates an unmanned aircraft to fly indoors or at any height over any area in Singapore; and ( b ) the unmanned aircraft carries a prohibited item when so flying, the person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [16/2015] (2) In proceedings for an offence under subsection (1) — ( a ) it is not necessary for the prosecution to prove that an accused knew that the unmanned aircraft carried a prohibited item when flying; but ( b ) it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the unmanned aircraft carried a prohibited item when flying. [16/2015] (3) Every offence under this section is an arrestable offence within the meaning of the Criminal Procedure Code 2010. [16/2015] (4) In this section, “prohibited item” means — ( a ) any weapon, substance or other thing the possession of which (for any purpose) would constitute an offence under any of the following written laws: (i) the Guns, Explosives and Weapons Control Act 2021; [Act 3 of 2021 wef 01/07/2025] (ii) the Corrosive and Explosive Substances and Offensive Weapons Act 1958; (iii) [ Deleted by Act 3 of 2021 wef 01/07/2025 ] ( b ) any biological agent, biological agent waste or toxin within the meaning of the Biological Agents and Toxins Act 2005; ( c ) any radioactive material, radioactive substance or radioactive waste within the meaning of the Radiation Protection Act 2007; or ( d ) any other hazardous material (whether gaseous, liquid or solid) that is prescribed, in a notification in the Gazette , by the Minister charged with the responsibility for homefront security to be a prohibited item for the purposes of this section. [7B [16/2015]


document_id: ana-1966
provision_ref: s35
chapter: PART 2 - REGULATORY FRAMEWORK
section: 35
title: Discharge from unmanned aircraft
content:
35. —(1) If — ( a ) a person operates an unmanned aircraft to fly indoors or at any height over any area in Singapore; and ( b ) the unmanned aircraft when so flying discharges anything (whether gaseous, liquid or solid), the person shall be guilty of an offence. [16/2015; 34/2019] (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both; but ( b ) where the person is a repeat offender, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [34/2019] (3) A person is a repeat offender in relation to an offence under subsection (1) if the person has been convicted or found guilty (whether before, on or after 21 December 2019) on at least one other earlier occasion of an offence under subsection (1). [34/2019] (4) In proceedings for an offence under subsection (1), it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the unmanned aircraft discharged anything while in flight, but it is a defence to the charge if the accused proves, on a balance of probabilities, that — ( a ) the accused — (i) did not intentionally cause the thing to discharge from the unmanned aircraft and the discharge was not due to any want of reasonable care; and (ii) took all reasonably practicable steps to stop or reduce further discharge of that thing from the unmanned aircraft as soon as practicable after discovering the discharge; ( b ) the thing escaped from the unmanned aircraft operated by the accused in consequence of damage, other than intentional damage, to the unmanned aircraft and all reasonable precautions were taken by the accused after the occurrence of the damage or the discovery of the discharge for the purpose of preventing or minimising further discharge from the unmanned aircraft; or ( c ) the accused has in force a discharge permit from the Authority and had caused the thing to be discharged from the unmanned aircraft in accordance with that discharge permit. [16/2015] (5) However, it is not a defence to a charge for an offence under subsection (1) if — ( a ) no individual dies or is hurt; ( b ) no property is destroyed or damaged; or ( c ) no hazard is caused to another aircraft, to anyone or any property, as a result of anything discharged from an unmanned aircraft in flight. [16/2015] (6) For the purposes of subsection (4)( b ), damage to an unmanned aircraft or to its equipment is intentional damage if the damage arose in circumstances in which the operator of the unmanned aircraft — ( a ) acted with intent to cause the damage; or ( b ) acted recklessly and with knowledge that damage would probably result. [16/2015] (7) A person who is refused a discharge permit, or whose discharge permit is cancelled by the Authority, may appeal to the Minister against the Authority’s refusal or cancellation (as the case may be) in the manner prescribed under section 8 or 9; and the Minister’s decision on appeal is final. [16/2015] (8) In this section, “discharge”, from an unmanned aircraft, includes dropping from an unmanned aircraft but does not include the discharge of exhaust from an unmanned aircraft during flight. [16/2015] (9) To avoid doubt, this section does not affect the operation of the Military Manoeuvres Act 1905. [7C [16/2015] Division 5 &#x2014; Serious risks to aviation safety


document_id: ana-1966
provision_ref: s36
chapter: PART 2 - REGULATORY FRAMEWORK
section: 36
title: Interference with aeronautical facilities
content:
36. —(1) This section applies if the Authority believes on reasonable grounds that an installation is or may be, either actively or passively, causing interference with communications to or from aircraft, or communications to or from centres established for air traffic control, or with navigational aids or with surveillance systems, in circumstances that are likely to endanger the safety of aircraft engaged in international air navigation or air navigation within, to or from Singapore. (2) The Authority may serve a notice on the proprietor directing the proprietor to permit the installation to be inspected and tested by a safety inspector at a reasonable time. (3) Upon the service of the notice, the safety inspector may enter the premises or place where the installation is installed, kept or operated and inspect or test the installation. (4) A safety inspector exercising powers under subsection (3) must produce his or her identification card if requested to do so. (5) If as a result of such an inspection or otherwise, the Authority considers it necessary to do so for the safety of aircraft mentioned in subsection (1), the Authority may serve a notice on the proprietor directing the proprietor to make such modifications to the installation, or to take such other action, as is necessary to eliminate the cause of the interference, within a reasonable time specified in the notice. (6) If the installation has been installed and is used and operated in accordance with all applicable laws, the proprietor may recover from the Authority the amount of all reasonable expenses incurred, and of losses actually suffered, in complying with a direction under subsection (5). (7) If a direction under subsection (5) is not complied with to its satisfaction, the Authority may — ( a ) authorise any of its officers, with any reasonable assistance that the officer requires, to enter the premises or place in which the installation is installed, kept or operated, with any force that is necessary and reasonable, and to take the action that was so directed; and ( b ) recover all expenses reasonably incurred by the Authority in the exercise of its powers under this subsection from the proprietor in default. (8) Without affecting the right of the Authority to exercise the powers under subsection (7), if any person on whom a direction under subsection (5) is served, without reasonable excuse, fails to comply with the requirements of that notice, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 and, in the case of a continuing offence, to a further fine not exceeding $50 for every day or part of a day during which the offence continues after conviction. (9) In this section — “installation” includes any electrical or other equipment or device or any structure; “proprietor”, in relation to an installation, means the owner or user of the installation or the owner or occupier of the premises or place where the installation is installed, kept or operated. [8


document_id: ana-1966
provision_ref: s37
chapter: PART 2 - REGULATORY FRAMEWORK
section: 37
title: Tampering with aircraft, etc.
content:
37. —(1) A person must not tamper with — ( a ) an aircraft or any part of an aircraft; or ( b ) an aeronautical product that is of such a type that tampering with it may endanger the safety of an aircraft or any person or property, if tampering with it may endanger the safety of the aircraft or any person or property. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [8A


document_id: ana-1966
provision_ref: s38
chapter: PART 2 - REGULATORY FRAMEWORK
section: 38
title: Interference with crew and unruly passengers, etc.
content:
38. —(1) A person who, while in an aircraft that is in flight — ( a ) does any act that interferes with a crew member of the aircraft in the course of the performance of the crew member’s duties connected with the safe operation of the aircraft; ( b ) behaves in a threatening, offensive, insulting or disorderly manner towards a crew member of the aircraft; or ( c ) does any act that threatens the safety of an aircraft or of persons onboard an aircraft, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (2) A person who fails to comply with any commands given to the person directly by the pilot‑in‑command, or indirectly by the pilot‑in‑command through a crew member, for the purpose of securing the safe operation of the aircraft in flight and the safety and wellbeing of all passengers and crew on board and the safety of cargo carried on the aircraft, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (3) A person who — ( a ) boards an aircraft in such a state of intoxication as to be incapable of looking after himself or herself, or as to jeopardise or be likely to jeopardise the good order and discipline required on board an aircraft; or ( b ) becomes intoxicated onboard an aircraft in flight to such an extent as to be incapable of looking after himself or herself, or as to jeopardise or be likely to jeopardise the good order and discipline required on board an aircraft, 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. (4) A person who — ( a ) operates a portable electronic device on board an aircraft in breach of any aviation safety subsidiary legislation; or ( b ) smokes in an aircraft when instructed not to smoke by any crew member or any passenger information sign or placard in the aircraft, 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 12 months or to both. (5) In any proceedings against a person for an offence under subsection (3), it is a defence for the person charged to prove — ( a ) that he or she, at the material time, was in a state of intoxication or became intoxicated not because of being under the influence of any alcohol, drugs or other intoxicating substances; or ( b ) that he or she, at the material time, was in a state of intoxication or became intoxicated as a result of taking prescription medication in accordance with a medical authorisation. (6) For the purposes of this section, an aircraft is in flight — ( a ) from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when any such door is opened for disembarkation; ( b ) if the aircraft makes a forced landing in any country or territory other than Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when the competent authorities of the country or territory in which the forced landing takes place take over responsibility for the aircraft and for the persons and property on board the aircraft; and ( c ) if the aircraft makes a forced landing in Singapore, from the time when all external doors of the aircraft are closed following embarkation for a flight until the time when a police officer arrives at the place of landing, and any reference in this Act to an aircraft in flight includes a reference to an aircraft during any period when the aircraft is on the surface of the sea or land but not within the territorial limits of any country. [8B [32/2018]


document_id: ana-1966
provision_ref: s39
chapter: PART 2 - REGULATORY FRAMEWORK
section: 39
title: Dangerous activity involving aircraft, aeronautical product, etc.
content:
39. —(1) A person must not operate, maintain or service, or do any other act in respect of, any aircraft, aeronautical product or aviation‑related service in a manner that the person knows or ought reasonably to know — ( a ) could endanger the life of another person; or ( b ) could endanger the person or the property of another person. (2) A person must not cause or permit any aircraft, aeronautical product or aviation‑related service to be operated, maintained or serviced, or cause or permit any other act to be done in respect of any aircraft, aeronautical product or aviation‑related service, in a manner that the person knows or ought reasonably to know — ( a ) could endanger the life of another person; or ( b ) could endanger the person or the property of another person. (3) A person must not secrete himself or herself in an aircraft for the purpose of being carried in the aircraft, or travel in an aircraft, without the consent of the operator or pilot‑in‑command of the aircraft. (4) Any person who contravenes subsection (1), (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (5) Despite subsection (4), where a person commits an offence under subsection (1) or (2) by doing any act, or causing or permitting any act — ( a ) involving an unmanned aircraft; and ( b ) knowing that or reckless as to whether, when so acting or causing or permitting the act, the life or property of another person could be endangered or the person could be endangered, then the person who is guilty of the offence shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 10 years or to both. [34/2019] (6) For the purposes of subsection (1) or (2), it is immaterial that the accused is the holder of an aviation safety instrument or is exempt from a requirement to hold an aviation safety instrument. [8C [34/2019]


document_id: ana-1966
provision_ref: s40
chapter: PART 2 - REGULATORY FRAMEWORK
section: 40
title: Flying without satisfying safety requirements
content:
40. —(1) An owner or operator, or the pilot‑in‑command of a Singapore registered aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if — ( a ) there is no aviation safety instrument known as a certificate of airworthiness in force in respect of the aircraft; and ( b ) any aviation safety subsidiary legislation does not authorise the flight without a certificate of airworthiness. (2) An owner or operator, or the pilot-in-command of a Singapore registered aircraft, or the Singapore operator of a foreign registered aircraft must not commence a flight in the aircraft, or permit a flight in the aircraft to commence, if one or more of the following apply: ( a ) there is outstanding a requirement imposed by or under any applicable aviation safety subsidiary legislation in relation to the maintenance of the aircraft; ( b ) the aircraft will require maintenance before the flight can end; ( c ) there is a defect or damage that may endanger the safety of the aircraft or any person or property; ( d ) the aircraft is unsafe for flight. (3) 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 $100,000 or to imprisonment for a term not exceeding 5 years or to both. [8D


document_id: ana-1966
provision_ref: s41
chapter: PART 2 - REGULATORY FRAMEWORK
section: 41
title: Trespassing at aerodromes, etc.
content:
41. —(1) A person must not, without prior authorisation from the Authority — ( a ) enter or remain within a prohibited area in an aerodrome; ( b ) bring or leave any property on a prohibited area within an aerodrome; ( c ) operate any vehicle on a prohibited area within an aerodrome; ( d ) bring any animal or bird on to a prohibited area within an aerodrome; or ( e ) permit any animal or bird under his or her possession or control to trespass on a prohibited area within an aerodrome. (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. (3) Where a person contravenes subsection (1), or any property, vehicle, animal or bird is found in contravention of subsection (1), the Director‑General of Civil Aviation or any safety inspector, may without warrant, arrest and remove that person, property, vehicle, animal or bird, as the case may be. (4) In this section, “prohibited area”, in relation to an aerodrome, means any part of the aerodrome upon which is posted a notice relating to that part of the aerodrome, being a notice to the effect that trespassing upon that part of the aerodrome is prohibited and purporting to have been posted with the authority of the Authority. [8E


document_id: ana-1966
provision_ref: s42
chapter: PART 2 - REGULATORY FRAMEWORK
section: 42
title: Trespass, nuisance and responsibility for damage
content:
42. —(1) Subject to subsections (2) and (3), no action lies in respect of trespass or in respect of nuisance, by reason only of the flight of aircraft over any property at a height above the ground which, having regard to wind, weather, and all the circumstances of the case is reasonable, or the ordinary incidents of the flight, so long as the provisions of this Part and any subsidiary legislation made under this Part are duly complied with. (2) Where material damage or loss is caused by an aircraft in flight, taking off, or landing, or by any person in any such aircraft, or by any article falling from any such aircraft, to any person or property on land or water, damages are recoverable from the owner of the aircraft in respect of the damage or loss, without proof of negligence or intention or other cause of action, as though the damage or loss had been caused by the owner’s wilful act, neglect or default, except where the damage or loss was caused by or contributed to by the negligence of the person by whom the damage or loss was suffered. (3) Where material damage or loss mentioned in subsection (2) is caused in circumstances in which — ( a ) damages are recoverable from the owner in respect of the damage or loss by virtue only of this section; and ( b ) a legal liability is created in some person other than the owner to pay damages in respect of that damage or loss, the owner is entitled to be indemnified by that other person against any claim in respect of that damage or loss. (4) Where any aircraft has been bona fide demised, let, or hired out for a period exceeding 14 days to any other person by the owner of the aircraft and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section has effect as though for references to the owner there were substituted references to the person to whom the aircraft has been so demised, let, or hired out. [9


document_id: ana-1966
provision_ref: s43
chapter: PART 2 - REGULATORY FRAMEWORK
section: 43
title: Penalty for dangerous flying
content:
43. —(1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner of the aircraft, unless he, she or it proves to the satisfaction of the court that the aircraft was so flown without his, her or its actual fault or privity, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (2) For the purposes of this section, “owner” in relation to an aircraft includes any person by whom the aircraft is hired at the time of the offence. (3) This section is in addition to and not in derogation of any provisions made by the Minister under the powers conferred by section 8 or by the Authority under the powers conferred by section 9. [10


document_id: ana-1966
provision_ref: s44
chapter: PART 2 - REGULATORY FRAMEWORK
section: 44
title: Wreck and salvage
content:
44. —(1) Any services rendered in assisting, or in saving life from, or in saving the cargo or apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea or any tidal water, are deemed to be salvage services in all cases in which they would have been salvage services if they had been rendered in relation to a vessel; and where salvage services are rendered by an aircraft to any property or person, the owner of the aircraft is entitled to the same reward for those services as the owner would have been entitled to if the aircraft had been a vessel. (2) Subsection (1) has effect even though the aircraft concerned is a foreign aircraft, and even though the services in question are rendered elsewhere than within the limits of the territorial waters adjacent to any part of Singapore. (3) The Minister may, by regulations, direct that any provisions of any written law for the time being in force which relate to wreck, to salvage of life or property or to the duty of rendering assistance to vessels in distress are, with any exceptions, adaptations and modifications that may be specified in the regulations, to apply in relation to aircraft as those provisions apply in relation to vessels. (4) For the purposes of this section, any provisions of any written law which relate to vessels laid by or neglected as unfit for sea service are deemed to be provisions relating to wreck. [11 Division 6 &#x2014; Protection of safety information


document_id: ana-1966
provision_ref: s45
chapter: PART 2 - REGULATORY FRAMEWORK
section: 45
title: Interpretation of this Division
content:
45. In this Division, unless the context otherwise requires — “aviation safety matter” means any information about any conduct, transaction, process, practice, occurrence, circumstance or matter that affects, or might affect, aviation safety, and includes — ( a ) safety matter within the meaning given by section 29; ( b ) any facts, statistics or other data about any conduct, transaction, process, practice, occurrence, circumstance or matter affecting, or that might affect, aviation safety, and which is in a form that is capable of being communicated, analysed or processed (whether by an individual or a computer or other automated methods); and ( c ) data sets that are relevant to aviation safety management, but does not include excluded information; “competent authority” means the person designated by the voluntary reporting rules as the competent authority for the purpose of section 48(4) in respect of each voluntary and confidential reporting scheme established by those rules; “excluded information” means — ( a ) all statements (whether oral or in writing) obtained from persons by an investigator, or a staff member or consultant of the Transport Safety Investigation Bureau of Singapore in the course of an investigation or a preliminary assessment (including any record of such a statement) under the Transport Safety Investigations Act 2018; [Act 36 of 2018 wef 01/01/2024] ( b ) all information recorded by an investigator, or a staff member or consultant of the Transport Safety Investigation Bureau of Singapore in the course of an investigation or a preliminary assessment under the Transport Safety Investigations Act 2018; [Act 36 of 2018 wef 01/01/2024] ( c ) all communications with a person involved in the operation of an aircraft that is or was the subject of an investigation or a preliminary assessment under the Transport Safety Investigations Act 2018; [Act 36 of 2018 wef 01/01/2024] ( d ) all medical or private information regarding persons (including deceased persons) involved in an accident or incident that is being or has been investigated, or the subject of a preliminary assessment, under the Transport Safety Investigations Act 2018; [Act 36 of 2018 wef 01/01/2024] ( da ) all records of the analysis of information or evidential material acquired in the course of an investigation or a preliminary assessment under the Transport Safety Investigations Act 2018 (such as but not limited to flight recorder information), including any opinion expressed by a person in the analysis of such information or evidential material; [Act 36 of 2018 wef 01/01/2024] ( e ) any information about any conduct, transaction, process, practice, occurrence, circumstance or matter that is prescribed by the voluntary reporting rules as excluded information; ( f ) any reportable safety matter within the meaning given by section 29; ( g ) any information about any contravention of any provision of this Part which is not required by section 29 to be reported; ( h ) any matter showing a serious and imminent threat to a person’s health or life; or ( i ) an act of unlawful interference within the meaning of section 63; “protected information” means — ( a ) information that is contained in a report of an aviation safety matter made under any voluntary reporting rules; ( b ) information that is obtained or generated by a designated person in the course of considering a report of an aviation safety matter made under any voluntary reporting rules; ( c ) records of the analysis of information contained in a report of an aviation safety matter made under any voluntary reporting rules, including opinions expressed by a person in that analysis; or ( d ) information about any other aviation safety matter that is obtained or generated by the Authority in the performance of its functions or duties under this Act or any other written law. [12 [18/2018]


document_id: ana-1966
provision_ref: s46
chapter: PART 2 - REGULATORY FRAMEWORK
section: 46
title: Voluntary reporting rules
content:
46. —(1) The Minister may make rules in the Gazette providing for the voluntary and confidential reporting of an aviation safety matter to one or more persons designated in the rules (called in this Act a designated person) — ( a ) to identify deficiencies and problems arising out of the reports; and ( b ) to provide data for safety improvements to the Singapore aviation system. [18/2018] (2) The voluntary reporting rules must provide for — ( a ) one or more schemes for the voluntary and confidential reporting of an aviation safety matter to a designated person; ( b ) the manner in which such reports are to be made; ( c ) the use and disclosure by a designated person for a scheme of — (i) information contained in such reports; or (ii) information the designated person obtains or generates in the course of considering any such report, only for a purpose in subsection (1) and in an anonymised form or as statistics which do not identify any particular person; ( d ) the designation for the purposes of section 48(4) of a competent authority in respect of each scheme; and ( e ) any other matters necessary or incidental to the establishment or operation of such a scheme in accordance with subsection (1). [18/2018] (3) The voluntary reporting rules may provide that any contravention of any of the provisions of the rules shall be an offence punishable with a fine not exceeding $20,000. [18/2018] (4) All voluntary reporting rules made under this section must be presented to Parliament as soon as possible after publication in the Gazette . [12A [18/2018]


document_id: ana-1966
provision_ref: s47
chapter: PART 2 - REGULATORY FRAMEWORK
section: 47
title: Limits to disclosure of aviation safety matter reported voluntarily
content:
47. —(1) Subject to subsection (4) — ( a ) a report of an aviation safety matter made by a person (called in this section the reporter) to any designated person in accordance with the voluntary reporting rules, or any evidence of the contents of such a report; and ( b ) the fact that such a report of an aviation safety matter was made by the reporter to any designated person, are not admissible in evidence against the reporter in any administrative proceedings before any tribunal in Singapore, any civil proceedings, or any criminal proceedings before any court other than criminal proceedings for an offence under section 86. [18/2018] (2) A person is not entitled to take disciplinary action against the person’s employee by using information derived from a report of an aviation safety matter made by the employee to a designated person in accordance with the voluntary reporting rules. [18/2018] (3) A person who contravenes subsection (2) 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. [18/2018] (4) A tribunal is not entitled to make a decision of an administrative character (whether or not in the exercise of a discretion) under any written law against a reporter using information derived from a report of an aviation safety matter made by the reporter to a designated person in accordance with the voluntary reporting rules. [18/2018] (5) To avoid doubt, this section does not prevent the use of information derived from a source that is not a report of an aviation safety matter made to any designated person in accordance with the voluntary reporting rules. [18/2018] (6) In this section, “tribunal” includes any person or body of persons constituted and vested by or under any written law to make a decision of an administrative character. [12B [18/2018]


document_id: ana-1966
provision_ref: s48
chapter: PART 2 - REGULATORY FRAMEWORK
section: 48
title: Limits to disclosure of protected information
content:
48. —(1) Subject to subsection (2), every designated person and any other person who has or has had access to any protected information must not disclose or make available any protected information to any other person or a court. [18/2018] (2) However, subsection (1) does not apply — ( a ) to anything done by a person in performing functions or exercising powers under, or in connection with, any voluntary reporting rules; ( b ) to disclosure to a court in civil proceedings where the General Division of the High Court makes an order under subsection (3); ( c ) to disclosure authorised by a competent authority under subsection (4); ( d ) to disclosure to a court in criminal proceedings for an offence under section 86; and ( e ) to disclosure in an anonymised form or as statistics which do not identify any person. [18/2018; 40/2019] (3) If the General Division of the High Court is satisfied that any adverse domestic or international impact that the disclosure might have on any current or future collection and availability of aviation safety matter is outweighed by the public interest in the administration of justice, the General Division of the High Court may order the disclosure of protected information. [18/2018; 40/2019] (4) If a competent authority is satisfied, having regard to the aviation safety matter in question, that any adverse domestic or international impact that the disclosure might have on any current or future collection and availability of aviation safety matter is outweighed by the need for maintaining or improving aviation safety, the competent authority may order the disclosure of protected information. [18/2018] (5) In making an order under subsection (3) or (4), the General Division of the High Court or competent authority (as the case may be) may direct that the protected information, must not — ( a ) be published or communicated to any particular person or persons; or ( b ) be published or communicated except — (i) in an anonymised form or as statistics which do not identify any person; or (ii) in such other manner, and to such persons, as the General Division of the High Court or competent authority specifies. [18/2018; 40/2019] (6) If a person is prohibited by this section from disclosing any protected information, then the person cannot be required by any court to disclose the information, and any information disclosed by the person in contravention of this section is not admissible in any civil proceedings or any criminal proceedings (other than proceedings against the person under this section). [12C [18/2018]


document_id: ana-1966
provision_ref: s61
chapter: PART 2A - AIR TRANSPORT UNDERTAKINGS
section: 61
title: Information as to air transport undertakings and use of customs aerodromes
content:
61. —(1) The Minister may make regulations — ( a ) requiring any person — (i) who carries on the business of carrying passengers or goods in aircraft for hire or reward on any journeys or classes of journeys (whether beginning and ending at the same point or at different points) that may be specified in the regulations; or (ii) who is the holder of a licence in respect of a customs aerodrome, to provide to the authorities that may be specified in the regulations any information relating to the use of aircraft for the purpose of the person’s business and to the persons employed in connection with that use, or (as the case may be) relating to the use of the aerodrome and to the persons employed in aircraft arriving at the aerodrome or departing therefrom, that may be prescribed by the regulations; ( b ) requiring the owner, or the pilot or other person in charge, of any aircraft arriving at, or departing from, any customs aerodrome to provide to the holder of the licence in respect of that aerodrome any information that may be necessary to enable the holder of the licence to comply with any of the provisions of the regulations that relate to the holder of the licence; ( c ) prescribing the times at which, and the form and manner in which, any information required under the regulations is to be provided, except that a person carrying on such a business as is mentioned in paragraph ( a )(i) is not required to provide information relating to the use of aircraft on journeys wholly outside Singapore, or relating to persons exclusively employed outside Singapore, unless the person carrying on the business is either a citizen of Singapore or of a Commonwealth country or a body corporate incorporated under the law of Singapore. (2) Regulations made under this section may provide for imposing on any person who contravenes any provision of the regulations such penalties (not exceeding a fine of $500 and a further fine of $100 for every day during which the contravention continues after conviction) as may be specified in the regulations. (3) Any information with respect to any particular undertaking which has been obtained by virtue of regulations made under this section must not, without the consent of the person carrying on that undertaking, be disclosed otherwise than in connection with the execution of such regulations, and if any person discloses any such information in contravention of this subsection, the person 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 one year or to both. (4) Nothing in subsection (3) applies to the disclosure of any information for the purposes of any legal proceedings which may be taken by virtue of this subsection or of regulations made under this section, or for the purpose of any report of those proceedings, but, save as aforesaid, the restriction imposed by this subsection, in relation to any legal proceedings (including arbitrations), extends so as to prohibit and prevent any person who is in possession of any such information so obtained from disclosing, and from being required by any court or arbitrator to disclose that information (whether as a witness or otherwise) except with the consent of the person carrying on the undertaking to which the information relates. (5) In this section, “customs aerodrome” means an aerodrome for the time being appointed as a place of landing and departure of aircraft for the purposes of any written law relating to customs. [15


document_id: ana-1966
provision_ref: s62
chapter: PART 2A - AIR TRANSPORT UNDERTAKINGS
section: 62
title: Licensing of air transport and commercial flying
content:
62. —(1) The Minister may make regulations — ( a ) to secure that aircraft must not be used in Singapore by any person — (i) for flying, while carrying passengers or goods for hire or reward, on any journeys or classes of journeys (whether beginning and ending at the same point or at different points) that may be specified in the regulations; or (ii) for such flying undertaken for the purpose of any trade or business as may be so specified, except under the authority of, and in accordance with, a licence or permit granted by any licensing authority that is specified in the regulations; ( b ) providing that an eligibility certificate or document is required to be obtained before a licence or permit may be granted or continue to be held under the regulations; ( c ) providing for applications for an eligibility certificate or document mentioned in paragraph ( b ) and for the circumstances in which the certificate or document may or must be granted, refused, revoked or suspended by such licensing authority as is specified in the regulations; ( d ) as to the circumstances in which a licence or permit under the regulations may or must be granted, refused, revoked or suspended, and in particular as to the matters to which the licensing authority specified in the regulations is to have regard in deciding whether to grant or refuse the licence or permit; ( e ) as to appeals to the Minister against decisions by any licensing authority under the regulations with regard to any eligibility certificate or document mentioned in paragraph ( b ) or any licence or permit; ( f ) requiring prior consent or approval from any licensing authority that is specified in the regulations to the transfer or assignment of any licence or permit; ( g ) as to the conditions which may be attached to an eligibility certificate or document mentioned in paragraph ( b ), or a licence or permit (including conditions as to the fares, freight or other charges to be charged by the holder of the licence or permit), and for securing compliance with any conditions so attached; ( h ) as to the information to be provided by an applicant for, or the holder of, an eligibility certificate or document mentioned in paragraph ( b ), or a licence or permit to any authorities that may be specified in the regulations; ( i ) prescribing the fees to be paid in respect of the application for and the grant of any eligibility certificate or document mentioned in paragraph ( b ), or a licence or permit under the regulations, and such regulations may make different provision as respects different classes of aircraft and different classes of eligibility certificates or documents, licences and permits. (2) Regulations made under this section may, for the purpose of securing compliance with those regulations, provide for the imposition of the following penalties: ( a ) in the case of a first offence under the regulations, a fine not exceeding $5,000 or imprisonment for a term not exceeding 3 months or both; and ( b ) in the case of a second or subsequent offence under the regulations, a fine not exceeding $50,000 or imprisonment for a term not exceeding 2 years or both. [16


document_id: ana-1966
provision_ref: s63
chapter: PART 2B - AVIATION SECURITY
section: 63
title: Interpretation of this Part
content:
63. —(1) In this Part, unless the context otherwise requires — “act of unlawful interference” means the doing or attempting to do anything such as to jeopardise the safety of civil aviation and air transport, and includes any of the following: ( a ) unlawful taking control of an aircraft by force, or threat of force, or any other form of intimidation or by any trick or false pretence; ( b ) destroying an aircraft that is in service; ( c ) hostage-taking on board an aircraft or at an airport; ( d ) forcible intrusion on board an aircraft, at an airport or on the premises of an aeronautical facility that puts the safety of the aircraft, or any person on board or outside the aircraft, at risk; ( e ) introducing on board an aircraft or at an airport a weapon or hazardous device or material intended for criminal purposes; ( f ) use of an aircraft in service for the purpose of causing death, serious bodily injury or serious damage to property or the environment; ( g ) putting the safety of an aircraft in flight or on the ground, or of passengers, crew, ground personnel or the general public, at an airport or on the premises of a civil aviation facility at risk by communicating false or misleading information; “aviation industry participant” means — ( a ) an airport operator who holds an airport licence under the Civil Aviation Authority of Singapore Act 2009 or who is exempted from holding such a licence under section 43 of that Act; ( b ) an aircraft operator; ( c ) a consignor; ( d ) an air cargo agent; ( e ) the Authority; ( f ) a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); or ( g ) a contractor who provides services to any person mentioned in paragraphs ( a ) to ( f ); “aviation security incident” means a threatened act of unlawful interference or an act of unlawful interference; “in service”, in relation to an aircraft, includes the period the aircraft is in flight; “passenger” includes an intending passenger; “security programme”, in relation to an aviation industry participant, means a programme prepared in accordance with the aviation security regulations, and containing matters prescribed in those regulations to show that the aviation industry participant — ( a ) is aware of the participant’s general responsibility to contribute to the maintenance of aviation security; ( b ) has developed an integrated, responsible and proactive approach to managing aviation security; ( c ) is aware of, and has the capacity to meet, the specific obligations imposed on the participant under this Part; and ( d ) has taken into account relevant features of the participant’s operation in developing activities and strategies for managing aviation security. [16/2015; 18/2018] (2) For the purposes of this Part, a reference to an aviation industry participant does not include a reference to — ( a ) the Singapore Police Force; ( b ) the Singapore Civil Defence Force; and ( c ) the Singapore Armed Forces. [17


document_id: ana-1966
provision_ref: s64
chapter: PART 2B - AVIATION SECURITY
section: 64
title: National Civil Aviation Security Authority
content:
64. —(1) The Minister must appoint a public officer or a statutory authority established by any public Act for a public purpose as the National Civil Aviation Security Authority. (2) The National Civil Aviation Security Authority is, in consultation with the Authority and the National Civil Aviation Security Committee, responsible for the development, implementation and maintenance of the National Civil Aviation Security Programme or NCASP in Singapore to safeguard civil aviation operations against acts of unlawful interference. (3) Without limiting subsection (2), the functions of the National Civil Aviation Security Authority are — ( a ) to define and allocate tasks and coordinate activities between aviation industry participants, persons engaged in civil aviation related activities, the departments, agencies and organisations of Singapore and other entities concerned with or responsible for the implementation of various aspects of the NCASP; ( b ) to require any aviation industry participants that are prescribed by any aviation security regulations to have an aviation security programme to develop, and comply with, aviation security programmes in accordance with the requirements in those regulations and to review and approve these aviation security programmes; ( c ) to ensure the development and implementation of a programme known as the National Civil Aviation Security Training Programme for the training of personnel of all entities involved with or responsible for the implementation of various aspects of the NCASP; ( d ) to develop, implement and maintain a programme known as the National Civil Aviation Security Quality Control Programme to determine compliance with and validate the effectiveness of the NCASP; ( e ) to advise and make recommendations to the Minister on matters relating to civil aviation security, including the implementation of international conventions entered into by or on behalf of Singapore and any revision to any written law arising from that implementation; and ( f ) to carry out any other functions relating to aviation security that may be prescribed under any aviation security regulations. (4) Notice of every appointment under subsection (1) must be published in the Gazette . (5) The National Civil Aviation Security Authority may, in writing, and subject to any conditions or restrictions that it thinks fit, delegate all or any of its powers under this Part or any aviation security regulations to any aviation security inspector or public officer, or to any officer or employee of the National Civil Aviation Security Authority who carries on activities that relate to national security, except the power of delegation conferred by this section. [34/2019] (6) Any power delegated under subsection (5) to an aviation security inspector, a public officer or an officer or employee of the National Civil Aviation Security Authority may be performed or exercised by the inspector, officer or employee to whom the power has been delegated in the name and on behalf of the National Civil Aviation Security Authority. [34/2019] (7) No delegation under this section prevents the performance or exercise of any function, duty or power by the National Civil Aviation Security Authority. (8) The National Civil Aviation Security Authority must appoint in writing — ( a ) such number of police officers; and ( b ) such other individuals (whether or not public officers) each with suitable qualifications and experience to properly exercise the powers of an aviation security inspector, to be aviation security inspectors for the purposes of this Part. (9) The National Civil Aviation Security Authority must issue to each aviation security inspector an identification card, which must be carried at all times by the aviation security inspector when exercising powers under any provision in this Part or any aviation security regulations. [17A


document_id: ana-1966
provision_ref: s65
chapter: PART 2B - AVIATION SECURITY
section: 65
title: National Civil Aviation Security Committee
content:
65. —(1) There must also be a National Civil Aviation Security Committee, comprising such persons as the Minister may appoint, whose function is — ( a ) to advise the National Civil Aviation Security Authority on civil aviation security policies, strategic matters and decisions, and the measures necessary to meet threats to civil aviation; ( b ) to continually review such measures and make recommendations for changes in response to information on new threats, developments in aviation security technology and techniques and other relevant factors; ( c ) to coordinate aviation security measures among aviation industry participants, persons engaged in civil aviation related activities, and the departments, agencies and organisations of Singapore and other entities concerned with or responsible for the implementation of various aspects of the NCASP; ( d ) to promote security considerations in the design of new airports or alterations to existing facilities; ( e ) to recommend the promulgation of, and coordinate the implementation of changes in, national aviation security policies, in consultation with the National Civil Aviation Security Authority; and ( f ) to consider recommendations made by aviation industry participants and, where appropriate, recommend changes to the NCASP, airport security programmes or operator security programmes to the National Civil Aviation Security Authority. (2) If any member of the National Civil Aviation Security Committee dies, resigns or is removed from office by the Minister, the Minister may appoint another person to fill the vacancy, and the person so appointed holds office for the remainder of the term for which the vacating member was appointed. (3) Subject to the provisions of this Act or any aviation security regulations, the National Civil Aviation Security Committee may determine its own procedure. (4) The National Civil Aviation Security Committee may appoint, from among its own members or other persons who are not members of the National Civil Aviation Security Committee, any number of subcommittees that it thinks fit consisting of its members or other persons, or both its members and other persons, for purposes which, in the opinion of the National Civil Aviation Security Committee, would be better regulated and managed by means of such subcommittees. [17B


document_id: ana-1966
provision_ref: s66
chapter: PART 2B - AVIATION SECURITY
section: 66
title: Powers of NCASA, aviation security inspectors, etc.
content:
66. —(1) The National Civil Aviation Security Authority, any police officer authorised by the NCASA and any aviation security inspector may exercise the powers specified in subsection (2), for all or any of the following purposes: ( a ) determining whether a person is complying with any provision of or requirement under this Part or any aviation security regulations; ( b ) investigating a possible contravention of any provision of or requirement under this Part or any aviation security regulations; ( c ) determining whether a security directive should be issued to any person mentioned in section 67(1). (2) For the purposes of subsection (1), the National Civil Aviation Security Authority, any police officer authorised by the NCASA and any aviation security inspector may — ( a ) enter and inspect — (i) any part of an airport; (ii) any area, building (other than a residence) or vehicle under the control of an aviation industry participant or person mentioned in section 67(1)( b ); and (iii) if an aviation industry participant or a person mentioned in section 67(1)( b ) operates from a residence or a part of a residence, the residence or the part of the residence from which the participant or person (as the case may be) operates; ( b ) inspect equipment in a place or vehicle mentioned in paragraph ( a ); ( c ) observe the operating procedures of an aviation industry participant or person mentioned in section 67(1)( b ); ( d ) discuss those procedures mentioned in paragraph ( c ) with an employee of the aviation industry participant or person mentioned in section 67(1)( b ) or with another aviation industry participant or such person; ( e ) inspect, photograph or copy a document or record made or kept by an aviation industry participant or person mentioned in section 67(1)( b ); ( f ) operate equipment at a place mentioned in paragraph ( a ) for the purposes of gaining access to a document or record made or kept by an aviation industry participant or person mentioned in section 67(1)( b ); ( g ) enter and inspect an aircraft at an airport; ( h ) inspect equipment in the aircraft mentioned in paragraph ( g ); ( i ) observe the operating procedures for the aircraft (whether carried out by the crew or some other person); ( j ) discuss those procedures mentioned in paragraph ( i ) with a person carrying them out or with another aviation industry participant or person mentioned in section 67(1)( b ); and ( k ) inspect, photograph or copy a document or record held in the aircraft that relates to a passenger or an item of cargo. (3) The National Civil Aviation Security Authority, any police officer authorised by the NCASA and any aviation security inspector may exercise a power specified in subsection (2) — ( a ) if the power is exercised within the boundaries of an airport — at any time and without notice; ( b ) at any time and without notice, if the power is exercised outside the boundaries of an airport and is a power specified — (i) in subsection (2)( a )(ii), ( c ) or ( d ); (ii) in subsection (2)( e ) to the extent that it relates to subsection (2)( a ) or ( d ); or (iii) in subsection (2)( f ) to the extent that it relates to subsection (2)( a )(iii); and ( c ) otherwise — after giving the aviation industry participant concerned reasonable notice. (4) An auxiliary police officer who is authorised in writing by the National Civil Aviation Security Authority may assist the NCASA, a police officer authorised by the NCASA or an aviation security inspector exercising in Singapore any power under any provision in this Part or any aviation security regulations. [17C


document_id: ana-1966
provision_ref: s67
chapter: PART 2B - AVIATION SECURITY
section: 67
title: Security directives
content:
67. —(1) The National Civil Aviation Security Authority may, in writing (called in this Act a security directive), require any of the following persons to carry out, within the time delimited by the security directive, any security measures that the NCASA may specify in the security directive: ( a ) any aviation industry participant or class of aviation industry participants; ( b ) any person who is not an aviation industry participant, or any class of persons who are not aviation industry participants — (i) who operate, maintain, or service, or do any other act in respect of any aircraft, aeronautical product, aviation‑related service, air traffic service, or aeronautical procedure (whether or not at an airport); or (ii) who have access to the airside, or to a protected area or protected place within an airport, for the purposes of any business carried on or service provided by the person or persons. (2) The National Civil Aviation Security Authority may, at any time, vary or rescind a security directive given under subsection (1), and that security directive has effect until it is so varied or rescinded, or rescinded and replaced by another security directive. (3) If — ( a ) a security directive is given to a person, or to the class of persons to which the person belongs, under subsection (1); ( b ) the security directive is in force; and ( c ) the person fails to comply or do anything required of the person by the security directive, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (4) Subsection (3) does not apply if the person has a reasonable excuse, the burden of proof of which lies with the person. (5) Despite subsection (1), a security directive need not be in writing in cases of extreme urgency, in order to respond rapidly — ( a ) to any specific aviation security incident requiring immediate action or additional security measures; or ( b ) to a change in the nature of an existing general threat of an act of unlawful interference, requiring immediate action or additional security measures, and in such case, the National Civil Aviation Security Authority may issue a verbal security directive to any person, which must be confirmed in writing as soon as practicable thereafter. (6) In this section, “security measure” includes — ( a ) any measure, equipment and procedures to carry out screening or rescreening and clearing of — (i) any person boarding an aircraft; or (ii) any baggage, cargo or other thing to be carried on an aircraft; ( b ) passenger check-in and boarding procedures, including procedures for dealing with — (i) diplomats and other special passengers, their diplomatic bags and baggage; (ii) passengers with reduced mobility or a medical condition; (iii) transit passengers, passengers in custody and suspect behaviour in passengers; and (iv) anomalies in passenger reconciliation that may arise during check-in or boarding; ( c ) any security measures and procedures to be used within an airport, including measures — (i) to control access at the airport and maintain the integrity of access control systems; (ii) to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things; (iii) to deter and detect unauthorised access into the airside security zone by people, aircraft, vehicles or things; (iv) to deter and detect unauthorised access into a landside security zone by people, vehicles or things; (v) to assess, identify and respond to unknown substances; (vi) to investigate, secure, and remove unattended or suspect vehicles, aircraft or things, including baggage and cargo; and (vii) to ensure the security of passwords, keys and key lists, electronic access cards and other security privileges; ( d ) any measure to deter unauthorised possession of firearms, weapons and other prohibited items in an airport or aircraft, including procedures — (i) for dealing with surrendered firearms, other weapons and prohibited items; (ii) for handling and movement of firearms and other weapons; and (iii) for using firearms and other weapons in the airside area or landside security zones; ( e ) any measure and procedures for responding to and investigating aviation security incidents and threats and breaches of aviation security, including measures by an aircraft operator or the pilot-in-command of an aircraft in Singapore — (i) to hold the aircraft in a particular position or within a particular area until specified actions are taken or until a specified event occurs; (ii) to ensure that the aircraft leaves a particular place or a particular area; (iii) to ensure that the aircraft lands at a particular place or within a particular area; or (iv) to ensure that the aircraft lands outside of a particular area; ( f ) any measure and procedures — (i) for reporting aviation security incidents or security breaches, including occurrences that threaten the security of the airport or any aircraft in the airport; (ii) for evacuation and emergency management in case of an aviation security incident, security threat or breach of security, including an aircraft hijacking, a bomb threat or a failure of critical security equipment; or (iii) for responding to any security directive verbally given under subsection (5), including procedures to communicate the directive within the airport; ( g ) any measure and procedures to undertake reasonable searches of — (i) any person boarding an aircraft; (ii) any thing to be carried on an aircraft; (iii) any aircraft or class of aircraft, or any aerodrome or class of aerodromes or any navigation installation or class of navigation installations specified in a security directive; or (iv) any unattended item, substance, or vehicle in an aerodrome or aircraft within an aerodrome; ( h ) any measure to seize any item or substance specified in a security directive if the person given the security directive (or the person’s agent) has reasonable grounds to believe that there is no lawful authority or reasonable excuse for the item or substance to be carried on an aircraft; and ( i ) any measure by an aircraft operator or the pilot‑in‑command of an aircraft in Singapore and that is not in flight — (i) to hold the aircraft in a particular position or within a particular area until specified actions are taken or until a specified event occurs; (ii) to take particular actions, or ensure that particular actions are taken, on or in relation to an aircraft; (iii) to take particular actions, or ensure that particular actions are taken, in relation to a person or thing on, or to be carried by, the aircraft; or (iv) to allow any police officer, any aviation security inspector or any other person authorised by the NCASA to inspect the aircraft. [17D


document_id: ana-1966
provision_ref: s68
chapter: PART 2B - AVIATION SECURITY
section: 68
title: Requirement to have security programme
content:
68. —(1) An aviation industry participant shall be guilty of an offence if — ( a ) the aviation industry participant is required by any aviation security regulations to have a security programme; and ( b ) there is not such a programme in force for that aviation industry participant. (2) An aviation industry participant shall be guilty of an offence if — ( a ) the aviation industry participant is required by any aviation security regulations to have a security programme, and there is such a programme in force for that aviation industry participant; but ( b ) the aviation industry participant fails to comply with that programme. (3) Subsections (1) and (2) do not apply to an aviation industry participant who has a reasonable excuse. (4) An aviation industry participant who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. (5) For the purposes of this Part, if the National Civil Aviation Security Authority approves a security programme in respect of an aviation industry participant, the programme comes into force for that participant at the time specified in the notice of approval. [17E


document_id: ana-1966
provision_ref: s69
chapter: PART 2B - AVIATION SECURITY
section: 69
title: Aviation security regulations
content:
69. —(1) In the interests of safety or security within the civil aviation system, the Minister may make regulations in the Gazette prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to this Part, including but not limited to all or any of the following matters: ( a ) the matters to be contained in each security programme, each security programme for a particular kind of aviation industry participant, or each security programme for a particular class of a particular kind of aviation industry participant; ( b ) the requirements with respect to security programmes, including — (i) requiring aviation industry participants to prepare or alter such programmes; (ii) requiring the approval by the National Civil Aviation Security Authority of programmes and of alterations of them; (iii) empowering the National Civil Aviation Security Authority to prepare and alter such programmes; and (iv) requiring specified persons in addition to aviation industry participants to comply with such security programmes as in force at a particular time or from time to time; ( c ) the requirements relating to — (i) the management and control of passengers (including persons in custody) on board an aircraft; (ii) the security features on an aircraft; (iii) pre-flight checks of aircraft cabins and other parts of an aircraft; (iv) procedures to be used and measures to be taken in relation to baggage that is loaded, or is intended to be loaded, onto a prescribed aircraft; (v) unattended aircraft; or (vi) such other matters for the purposes of safeguarding against acts of unlawful interference; ( d ) the prevention of interference with aerodromes and other aviation-related facilities; ( e ) the control of access to different parts of an aerodrome and other aviation-related facility, including — (i) conditions of entry, the issue and use of security passes and other identification systems; (ii) the provision of lighting, fencing and storage facilities in the different parts of aerodromes and other aviation‑related facilities; (iii) requirements for the approval of building works within, or adjacent to, the different parts of aerodromes or other aviation-related facilities; (iv) the screening of people, vehicles or goods (other than cargo) for entry to different parts of aerodromes or other aviation‑related facilities; (v) requirements relating to the entry of cargo to the different parts of aerodromes or other aviation‑related facilities; (vi) the security checking (including background checking) of persons who have access to the different parts of aerodromes or other aviation‑related facilities; (vii) the movement, management or operation of aircraft (including unattended aircraft), vehicles and other machinery in the different parts of aerodromes or other aviation‑related facilities; and (viii) the management of people and goods (including the management of unaccompanied, unidentified or suspicious goods) in the different parts of aerodromes or other aviation‑related facilities and the sale or disposal of vehicles or goods abandoned therein; ( f ) the control of things likely to be hazardous to aviation security, including but not limited to any of the following: (i) the safe carriage of firearms and other dangerous or hazardous goods or substances by air; (ii) the construction, use, or operation of anything likely to be hazardous to aviation security; ( g ) the requirements for or in relation to the giving of security directives under section 67; ( h ) the fees to be paid in respect of the issue, validation or renewal of any licence, registration or other document required by the regulations and in respect of any other matters in respect of which it appears to the Minister to be expedient for the purpose of the regulations to charge fees. (2) The regulations made under this section may provide that any contravention of any provision of the regulations shall be an offence punishable with a fine not exceeding $100,000 or with imprisonment for a term not exceeding 5 years or with both. (3) To avoid doubt, an aviation industry participant may at any one time be 2 or more of the following: ( a ) an airport operator who holds an airport licence under the Civil Aviation Authority of Singapore Act 2009 or who is exempted from holding such a licence under section 43 of that Act; ( b ) an aircraft operator; ( c ) a consignor; ( d ) an air cargo agent; ( e ) a person who occupies or controls an area of an airport (whether under a lease, sublease or other arrangement); ( f ) the Authority; ( g ) a contractor who provides services to any person mentioned in paragraphs ( a ) to ( f ), and this Part and the aviation security regulations may prescribe requirements and duties or liabilities on the aviation industry participant accordingly, and may at any one time impose the same duty or liability on 2 or more aviation industry participants, whether in the same capacity or in different capacities. [18/2018] (4) All aviation security regulations made under this section must be presented to Parliament as soon as possible after publication in the Gazette . (5) The provisions of any order made by the Minister before 1 April 2014 in relation to aviation security and in force immediately before that date continue in force as if made under this Part, and may from time to time be amended or revoked under this section. [17F [16/2015]


document_id: ana-1966
provision_ref: s70
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 70
title: Indication of presence of obstructions near aerodromes
content:
70. —(1) Subject to subsection (2), if the Authority is satisfied, with respect to any structure in the vicinity of an aerodrome to which this section applies, that, in order to avoid danger to aircraft flying in that vicinity in darkness or conditions of poor visibility, provision ought to be made (whether by lighting or otherwise) for giving to the aircraft warning of the presence of that structure, it may by order authorise (subject to any conditions specified in the order) the proprietor of the aerodrome, and any person acting under the proprietor’s instructions — ( a ) to execute, install, maintain, operate, and, as occasion requires, repair and alter, any works and apparatus that may be necessary for enabling such warning to be given in the manner specified in the order; and ( b ) so far as may be necessary for exercising any of the powers conferred by the order to enter upon and pass over (with or without vehicles) any land that may be specified in the order. (2) An order must not be made under subsection (1) in relation to any structure if it appears to the Authority that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure. (3) The Authority must, before making any order under subsection (1), cause to be published, in any manner that it thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within the period not being less than 2 months after the publication of the notice specified in the notice, be made to the Authority by any person appearing to the Authority to have an interest in any land which would be affected by the order; and at the end of that period the order may, subject to this section, be made with any modifications of the original draft that the Authority thinks proper. (4) Every order made under subsection (1) must provide — ( a ) that, except in a case of emergency, no works may be executed on any land pursuant to the order, unless, at least 14 days previously, the proprietor of the aerodrome to which the order relates has served in the manner prescribed by the order on the occupier of that land, and on every other person known by the proprietor to have an interest in that land, a written notice containing the particulars of the nature of the proposed works, and the manner in which and the time at which it is proposed to execute them, that may be prescribed by or in accordance with the order; ( b ) that if, within 14 days after service of such notice on any person having such an interest, the proprietor of the aerodrome receives a written intimation of objection on the part of that person to the proposals contained in the notice, being an intimation which specifies the grounds of objection, then, unless and except insofar as the objection is withdrawn, no steps are to be taken pursuant to the notice without the specific sanction of the Authority; and ( c ) for requiring the proprietor of the aerodrome to which the order relates to pay to any person having an interest in any land affected by the order any compensation for any damage or loss which that person may suffer in consequence of the order that may, in default of agreement, be determined from time to time by a single arbitrator appointed by the Chief Justice. (5) For the purposes of this section, any expense reasonably incurred in connection with the lawful removal of any apparatus installed pursuant to such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which the order relates as is attributable to the operation of the order is deemed to be loss or damage suffered in consequence of the order. (6) The ownership of anything is not to be taken to be affected by reason only that it is placed in, or affixed to, any land pursuant to such an order; and, subject to subsection (8), so long as any such order in respect of an aerodrome is in force, a person must not, except with the consent of the proprietor of the aerodrome, wilfully interfere with any works or things which to the knowledge of that person, are works or things executed or placed in, on or over any land pursuant to the order. (7) If any person contravenes any of the provisions of subsection (6), the person 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. (8) Nothing in this section operates, in relation to any structure, so as to restrict the doing of any work for the purpose of repairing, altering, demolishing or removing the structure if — ( a ) notice of the doing of that work is given as soon as possible to the proprietor of the aerodrome; and ( b ) the giving of warning of the presence of the structure in the manner provided by any order made under this section in force in relation thereto is not interrupted. (9) In this section — ( a ) “aerodrome to which this section applies” means any premises which, by virtue of an order made under section 8, are for the time being licensed as an aerodrome for public use or any Government aerodrome; and ( b ) “proprietor of the aerodrome”, in relation to any premises used or appropriated for use as an aerodrome, means the airport licensee or exempt airport operator under the Civil Aviation Authority of Singapore Act 2009 for those premises, or, in the case of a Government aerodrome, the officer in charge of the aerodrome. [18


document_id: ana-1966
provision_ref: s71
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 71
title: Savings
content:
71. —(1) Subject to subsection (2), this Part does not apply to aircraft belonging to or exclusively employed in the service of the Government or of the Singapore Armed Forces or of any visiting force lawfully present in Singapore. (2) The Authority may, by order, apply to any aircraft mentioned in subsection (1), with or without modification, any of the provisions of this Part or of any subsidiary legislation made under this Part. (3) Nothing in this Part, or in any subsidiary legislation made under this Part, prejudices or affects the rights, powers or privileges of any general or local lighthouse authority. [19


document_id: ana-1966
provision_ref: s72
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 72
title: Power to declare an area a controlled area
content:
72. Whenever it appears to the Authority that it is or is likely to become necessary for the safety of air navigation in the vicinity of an aerodrome or for securing the efficient operation of any aid to air navigation, whether situated at or in the vicinity of an aerodrome or elsewhere that any area should be cleared or kept clear of obstructions, it may declare the area to be a controlled area for the purposes of this Part and must define the boundaries of that area. [20


document_id: ana-1966
provision_ref: s73
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 73
title: Power to prohibit or regulate erection of structures and planting trees in controlled area
content:
73. The Authority may, by order, prohibit absolutely or conditionally or regulate the erection of any structure above a height specified in the order, or the planting of any tree or other high growing vegetation, within a controlled area or any part of that area. [21


document_id: ana-1966
provision_ref: s74
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 74
title: Notice to remove or alter structure, trees and other vegetation in controlled area
content:
74. —(1) The Authority, or any officer authorised by the Authority in that behalf, may, by written notice, require the owner or occupier of any land subject to any order made under section 73, within the time (not being less than one month from the date of the service of such notice upon the person concerned) that may be fixed by the notice — ( a ) to remove or reduce in height any structure on the land, which is above the height specified in the order, whether the structure was erected before or after the making of the order, or any tree or other high growing vegetation, either planted in contravention of the order, or likely, in the opinion of the Authority or the officer to cause an obstruction to aircraft or to hinder the efficient operation of any aid to air navigation; ( b ) to take such steps in regard to, or to effect such alterations to, any structure, tree or other vegetation on any land within a controlled area, or any part of the area, as may be necessary to comply with any conditions imposed by any order made under section 73 applicable to the structure, tree or vegetation or in the case of any structure erected or tree or vegetation existing before the making of the order, which would have been applicable to the structure, tree or other vegetation if it had been erected or planted after the making of the order. (2) If default is made in complying with the provisions of the notice within the time fixed by the notice, any officer authorised by the Authority either generally or specially in that behalf may enter upon the land and cause such action to be taken as is required by the notice and may recover the cost of and all expenses incurred in doing any necessary work from the person in default. [22


document_id: ana-1966
provision_ref: s75
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 75
title: Power of entry on land
content:
75. —(1) Subject to subsection (2), any officer authorised in that behalf by the Authority and any person employed in that behalf under the supervision of that officer may enter upon, survey and take levels of any controlled area and may do all other acts necessary for the survey and for the purpose of marking out the boundaries of the area or any part of that area. (2) The officer or person must not enter into any building or enclosed garden or compound attached to any building without the occupier’s consent unless he or she has previously given the occupier at least 3 clear days’ written notice of his or her intention to do so. [23


document_id: ana-1966
provision_ref: s76
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 76
title: Damage caused by reduction or removal of structure or valuable tree or plant
content:
76. When any structure or valuable tree or plant is reduced in height or removed or any expense is reasonably incurred in compliance with any order or the conditions of any order, the owner or occupier of the land must, unless the structure was erected or the tree or plant was planted in contravention of any order or of the conditions imposed by such order, receive compensation to the extent to which the owner or occupier has suffered damage by reason of such reduction or removal or has incurred such expense. [24


document_id: ana-1966
provision_ref: s77
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 77
title: Damage caused by entry on land under section 75
content:
77. Where any damage is done to property in the exercise or purported exercise of any power conferred by section 75, the owner or occupier must receive compensation to the extent to which the owner or occupier has suffered the damage. [25


document_id: ana-1966
provision_ref: s78
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 78
title: Compensation for loss of value of land
content:
78. Where any land in a controlled area is affected by any order made under section 73 prohibiting or regulating the erection of any structure or the planting of any tree or vegetation, the owner or occupier of the land is entitled to compensation to the extent (if any) that the value of the owner’s or occupier’s land or the owner’s or occupier’s interest in the land is shown to have been, by reason of the provisions of the order, depreciated in relation to the current ordinary market value of neighbouring land not included in that order. [26


document_id: ana-1966
provision_ref: s79
chapter: PART 3 - CONTROL OF OBSTRUCTIONS IN
section: 79
title: Procedure for settling claims for compensation under section 76, 77 or 78
content:
79. Where any person is entitled to any compensation by virtue of section 76, 77 or 78, the amount of the compensation must be determined by agreement or, in default of agreement, by a single arbitrator appointed by the Chief Justice. [27


document_id: ana-1966
provision_ref: s80
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 80
title: Offences by bodies corporate, etc.
content:
80. —(1) Where an offence under this Act committed by a body corporate is proved — ( a ) to have been committed with the consent or connivance of an officer; or ( b ) to be attributable to any neglect on the officer’s part, the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any neglect on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved — ( a ) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or ( b ) to be attributable to any neglect on the part of such an officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (5) In this section — “body corporate” includes a limited liability partnership which has the meaning given by section 2(1) of the Limited Liability Partnerships Act 2005; “officer” — ( a ) in relation to a body corporate, means any director, partner, member of the committee of management, chief executive, manager, secretary or other similar officer of the body corporate and includes any person purporting to act in any such capacity; or ( b ) in relation to an unincorporated association (other than a partnership), means the president, the secretary, or any member of the committee of the unincorporated association, or any person holding a position analogous to that of president, secretary or member of such a committee and includes any person purporting to act in any such capacity; “partner” includes a person purporting to act as a partner. (6) The Minister may make regulations to provide for the application of any provision of this section, with any modifications that the Minister considers appropriate, to any body corporate or unincorporated association formed or recognised under the law of a territory outside Singapore. [27A


document_id: ana-1966
provision_ref: s81
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 81
title: Certain offences and penalty
content:
81. —(1) Any person who does any act in contravention of, or without reasonable excuse fails to comply with the terms of, any order or notice made or issued under section 73 or 74 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both. (2) Any person who wilfully obstructs any person in the exercise of any of the powers conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000. [28


document_id: ana-1966
provision_ref: s82
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 82
title: Compounding of offences
content:
82. —(1) The relevant person may, in his or her discretion, compound any offence under this Act or any of its subsidiary legislation which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one-half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings may be taken against that person in respect of the offence. (3) The Minister may make rules to prescribe the offences which may be compounded. (4) All sums collected under this section must be paid to the Consolidated Fund. (5) In this section, “relevant person”, in relation to an offence that is prescribed as compoundable, means — ( a ) for an offence under Part 2A or 2B or under any subsidiary legislation made for the purpose of either Part, any public officer authorised by the Minister for the purpose of this section; and ( b ) for all other offences, the Director-General of Civil Aviation, or any officer of the Authority authorised by the Director‑General of Civil Aviation for the purpose of this section. [28A


document_id: ana-1966
provision_ref: s83
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 83
title: Power to make regulations
content:
83. The Minister may make regulations generally for carrying into effect the provisions of this Part. [29


document_id: ana-1966
provision_ref: s84
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 84
title: Fees and charges
content:
84. —(1) Where power is conferred by this Act to make subsidiary legislation prescribing fees or charges, the subsidiary legislation may — ( a ) prescribe or fix different rates of fees and charges in respect of different classes of persons, aerodromes, aircraft, aeronautical products, aviation-related services, air traffic services, or aeronautical procedures, or on the basis of different times of use, or on any other differential basis; ( b ) specify the persons by whom and to whom any fees or charges are payable; ( c ) prescribe a penalty for late payment of any fee or charge, or any additional fees or charges for work or services carried out outside normal working hours or on public holidays; ( d ) provide for the refund or waiver of any fee or charge in whole or in part, in any specified case or class of cases; ( e ) provide for the granting of a rebate of such fees or charges to any person who is liable to pay them — (i) based on the quantity of services used by the person liable to pay the fees or charges; and (ii) be offered on an equal percentage basis to any other person using a similar quantity of such services; and ( f ) require returns to be made by persons by whom any fees or charges are payable, and prescribe conditions relating to the making of such returns. (2) Where any fee or charge that is payable under this Act or any of its subsidiary legislation for an aviation safety instrument is not paid by the date prescribed or fixed under the Act or subsidiary legislation for payment of that fee or charge, the Authority may suspend the aviation safety instrument to which the unpaid fee or charge relates. [29A


document_id: ana-1966
provision_ref: s85
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 85
title: Financial penalties payable to Consolidated Fund
content:
85. —(1) Any financial penalty imposed on any person by the Authority under this Act or any subsidiary legislation made under this Act — ( a ) must be collected, and may be sued for and recovered by the Authority; ( b ) is deemed to be a debt due to the Government for the purposes of section 397 of the Insolvency, Restructuring and Dissolution Act 2018 and section 10 of the Government Proceedings Act 1956; and ( c ) must be paid to the Consolidated Fund upon such collection or recovery, and where the person is the holder of an aviation safety instrument, or a licence or permit, that person’s liability to pay is not affected by that person’s aviation safety instrument, licence or permit ceasing, for any reason, to be in force. [40/2018] (2) The members, officers and employees of the Authority are, in relation to their administration, assessment, collection and enforcement of payment of — ( a ) the composition sums imposed under section 82; or ( b ) the financial penalties due and payable by any person under this Act or any of its subsidiary legislation, deemed to be public officers for the purposes of the Financial Procedure Act 1966, and section 20 of that Act applies to these members, officers and employees of the Authority even though they are not or were not in the employment of the Government. [29B


document_id: ana-1966
provision_ref: s86
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 86
title: False information
content:
86. —(1) A person commits an offence who — ( a ) by any means, provides to the Authority or any other person information relevant to the Authority’s or the person’s exercise of powers under this Act, or under any of its subsidiary legislation, knowing the information to be false; or ( b ) being an applicant for any aviation safety instrument or other licence or permit, fails, without reasonable excuse, to provide to the Authority or other person information known to that applicant which is relevant to the Authority’s or other person’s exercise of powers under this Act, or under any of its subsidiary legislation. (2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both. [29C


document_id: ana-1966
provision_ref: s87
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 87
title: Obstructing performance of official duties
content:
87. —(1) A person who refuses to give access to, or obstructs, hinders or delays — ( a ) the Director-General of Civil Aviation, any safety inspector or any officer or employee of the Authority authorised to act for or assist the Authority; ( b ) the National Civil Aviation Security Authority, any police officer authorised to act for or assist the NCASA or any aviation security inspector; or [Act 36 of 2018 wef 01/01/2024] ( c ) [ Deleted by Act 36 of 2018 wef 01/01/2024 ] ( d ) an authorised person within the meaning of section 90, in the discharge of his, her or its duties under this Act or any subsidiary legislation made under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 2 years or to both. [16/2015] [Act 36 of 2018 wef 01/01/2024] (2) It is not an offence under subsection (1) for any person to refuse to comply with any request, demand or order made or given by any safety inspector or aviation security inspector who fails to declare his or her office and refuses to produce his or her identification card on demand being made by that person. [29D


document_id: ana-1966
provision_ref: s88
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 88
title: General exemption
content:
88. The Minister may, by order in the Gazette , exempt any person or premises or any class of persons or premises from all or any of the provisions of this Act or of its subsidiary legislation, subject to any terms or conditions that may be specified in the order. [29E


document_id: ana-1966
provision_ref: s89
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 89
title: Delegation of Minister’s powers
content:
89. —(1) Subject to subsection (3), the Minister may, either generally or particularly, in writing delegate to the Authority or any public officer in his or her Ministry any of the Minister’s functions and powers under this Act or any of its subsidiary legislation. (2) The Authority or a public officer mentioned in subsection (1) may exercise any functions or powers so delegated to the Authority or public officer (as the case may be) in the same manner and with the same effect as if they had been conferred on the Authority or public officer directly by this section and not by delegation, but subject to any general or special directions given or conditions imposed by the Minister. (3) Nothing in this section authorises delegating — ( a ) the power of delegation conferred by this section; ( b ) any power of the Minister to make subsidiary legislation under this Act; or ( c ) any power of the Minister to determine appeals from the decision of the Authority, the National Civil Aviation Security Authority or any licensing authority specified in the regulations made under section 62. (4) In this Act or any subsidiary legislation made under this Act, any reference to the Minister determining an appeal includes a reference to any Minister of State for his or her Ministry that is designated by the Minister to hear, in his or her place, that appeal. [29F


document_id: ana-1966
provision_ref: s90
chapter: PART 3A - MISCELLANEOUS MATTERS
section: 90
title: Interception, etc., of unmanned aircraft
content:
90. —(1) Where an authorised person has reason to believe that an unmanned aircraft is being operated in a manner — ( a ) that contravenes any provision of this Act or any aviation safety subsidiary legislation; or ( b ) that poses a serious and an imminent risk to safety of the public, the authorised person may, subject to subsection (3), exercise all or any of the powers in subsection (2) in relation to the unmanned aircraft for either purpose: ( c ) preventing further contravention of any provision of this Act or any aviation safety subsidiary legislation; ( d ) preventing or stopping any actual or imminent occurrence that endangers or threatens to endanger the safety of the public. [16/2015] (2) For the purposes of subsection (1), the powers that may be exercised by an authorised person in relation to an unmanned aircraft are without warrant — ( a ) to direct any person whom the authorised person reasonably believes to be involved in the operation of the unmanned aircraft — (i) to end the flight of the unmanned aircraft, or land it, safely in the fastest practicable way; or (ii) to fly the unmanned aircraft in the manner specified by the authorised person; ( b ) with such assistance and by such force as is necessary — (i) to assume control of an unmanned aircraft to fly the aircraft or to end the flight of the aircraft, or land it, safely in the fastest practicable way; or (ii) to end the flight of the unmanned aircraft in the fastest and safest practicable way; or ( c ) to seize the unmanned aircraft and any component of the unmanned aircraft system for that aircraft, or other thing, that the authorised person believes on reasonable grounds — (i) to be evidential material; or (ii) needs to be seized to prevent its concealment, loss or destruction, or its use in committing, continuing or repeating an offence under this Act or any aviation safety subsidiary legislation. [16/2015] (3) In authorising any person under subsection (1), the Commissioner of Police, the Chief of Defence Force or the Authority (as the case may be) may do all or any of the following: ( a ) limit the powers in subsection (2) that the authorised person may exercise; ( b ) limit when the authorised person may exercise his or her powers in subsection (2) or any of them; ( c ) limit where in Singapore the authorised person may exercise his or her powers in subsection (2) or any of them; ( d ) limit the circumstances in which the authorised person may exercise his or her powers in subsection (2) or any of them; ( e ) limit the offences in respect of which the authorised person may exercise his or her powers in subsection (2) or any of them. [16/2015; 18/2018] (4) Any person who, without reasonable excuse, contravenes any direction under subsection (2)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 2 years or to both. [16/2015; 34/2019] (5) A Magistrate may, on an application by the Authority, make an order authorising the Authority to destroy or otherwise dispose of any thing seized under subsection (2)( c ) by a safety inspector, if the Magistrate is satisfied that — ( a ) apart from this section, a safety inspector or the Authority is required to return the thing to a person; and ( b ) the safety inspector or the Authority cannot, despite making reasonable efforts, locate the person or the person has refused to take possession of that thing. [16/2015] (6) In this section, “evidential material” means any thing that is relevant to proving a contravention of any provision of this Act or any aviation safety subsidiary legislation (whether or not an offence). [16/2015] (7) In this section, an authorised person is — ( a ) a police officer, or an auxiliary police officer, of or above the rank of sergeant and authorised by the Commissioner of Police to exercise powers under this section; ( b ) a member of the Singapore Armed Forces who is authorised by the Chief of Defence Force to exercise powers under this section; ( c ) a safety inspector authorised by the Authority to exercise powers under this section; or ( d ) an individual with the suitable qualifications and experience to properly exercise one or more of the powers in subsection (2) and authorised by the Authority to do so. [16/2015; 18/2018] (8) To avoid doubt, nothing in this section derogates from the provisions of the Criminal Procedure Code 2010 or section 201B of the Singapore Armed Forces Act 1972. [29G [16/2015]


document_id: ana-1966
provision_ref: s91
chapter: PART 4 - RESTRICTION ON CLAIMS FOR DAMAGES
section: 91
title: Restriction on claims for damages and compensation
content:
91. No damages or compensation in respect of any subsidiary legislation made under this Act, or of any act done under this Act or such subsidiary legislation, are recoverable — ( a ) save under and in accordance with the relevant provisions of this Act and of any of its subsidiary legislation; and ( b ) unless the claim is made within 3 months of the happening of the event which gave rise to the claim or within any further time that the Minister may, in any case or class of case, allow. [30


document_id: ana-1966
provision_ref: s92
chapter: PART 5 - SAVING PROVISIONS
section: 92
title: Saving provisions
content:
92. —(1) All subsidiary legislation that was in force immediately before the commencement of this Act, continues in force until revoked or replaced by subsidiary legislation made under those provisions, or otherwise terminated, and is deemed to have been made under this Act. (2) Subject to subsection (3), any instrument that was in force immediately before the commencement of this Act continues in force until superseded, revoked or otherwise terminated and is deemed to have been issued, served or granted under this Act, and this Act and any of its subsidiary legislation applies to, or in relation to, the instrument accordingly. (3) No such instrument that is expressed to continue in force for a definite period is to continue in force after the expiration of that period unless it is renewed in accordance with this Act and any of its subsidiary legislation. (4) In this section “instrument” means any instruction or other requirement, any notice and any certificate, licence, validation or other authority. [31


document_id: aoa-1973
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — [ Deleted by Act 3 of 2021 wef 01/07/2025 ] [ Deleted by Act 3 of 2021 wef 01/07/2025 ] “carry”, in relation to a gun, includes to have on or about an individual’s person; [Act 3 of 2021 wef 01/07/2025] “gun” has the meaning given by section 3 of the Guns, Explosives and Weapons Control Act 2021, and excludes an imitation gun; [Act 3 of 2021 wef 01/072025] “imitation gun” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance a gun but that is not a gun, or any such object that is produced and identified as a toy; [Act 3 of 2021 wef 01/07/2025] “import” means to bring or cause to be brought into Singapore by any means from any place; “scheduled offence” means any offence specified in the Schedule; [ Deleted by Act 3 of 2021 wef 01/07/2025 ] “trafficking in guns” means to import, supply or transfer 2 or more guns (whether or not of the same kind) in contravention of the Guns, Explosives and Weapons Control Act 2021, or any Act, repealed by that Act intending to — ( a ) injure, or endanger the safety of, another person; ( b ) cause reasonable fear of the infliction of injury to another person; or ( c ) destroy or damage any property; [Act 3 of 2021 wef 01/07/2025] “unlawful possession”, in relation to a gun, means possession of a gun when — ( a ) not authorised by a licence or a class licence under the Guns, Explosives and Weapons Control Act 2021; ( b ) not in accordance with the conditions of a licence or a class licence mentioned in paragraph ( a ); and ( c ) not exempt from the Guns, Explosives and Weapons Control Act 2021 with respect to possession of that gun; [Act 3 of 2021 wef 01/07/2025] “use”, means — ( a ) to fire the gun; or [Act 3 of 2021 wef 01/07/2025] ( b ) to hold the gun so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s3
section: 3
title: Unlawful possession of gun with criminal intent
content:
3. —(1) A person commits an offence if — ( a ) the person carries a gun intending to — (i) injure, or endanger the safety of, another person; (ii) cause reasonable fear of the infliction of injury to another person; (iii) destroy or damage any property; or (iv) facilitate another person to injure, or endanger the safety of, another person, cause reasonable fear of the infliction of injury to another person, or destroy or damage any property, using the gun; and ( b ) the person is then in unlawful possession of the gun. (2) A person who is guilty of an offence under subsection (1) shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 10 years and shall also be punished with caning with not less than 6 strokes. (3) However, where a person who is convicted of an offence under subsection (1) is proved to have been previously convicted of a scheduled offence, the person shall on conviction be punished with imprisonment for a term of not less than 5 years and not more than 20 years and shall also be punished with caning with not less than 6 strokes. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s3A
section: 3A
title: Aggravating circumstances for scheduled offence
content:
3A. Where a person is convicted of a scheduled offence, the person shall be punished with imprisonment for life and shall also be punished with caning with not less than 6 strokes if the person, at the time of his committing or at the time of his apprehension for the scheduled offence — ( a ) is carrying any gun; and ( b ) is in unlawful possession of the gun. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s4
section: 4
title: Using or attempting to use guns
content:
4. —(1) Subject to any exception mentioned in Chapter 4 of the Penal Code 1871 which may be applicable (other than section 95), any person who uses or attempts to use any gun intending to injure, or endanger the safety of, another person, to cause reasonable fear of the infliction of injury or to destroy or damage any property shall be guilty of an offence and shall on conviction be punished with death. [Act 3 of 2021 wef 01/07/2025] (2) In any proceedings for an offence under this section, any person who uses or attempts to use any gun shall, until the contrary is proved, be presumed to have used or attempted to use the gun intending to injure, or endanger the safety of, another person, to cause reasonable fear of the infliction of injury or to destroy or damage any property. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s4A
section: 4A
title: Using or attempting to use guns to commit scheduled offence
content:
4A. Subject to any exception mentioned in Chapter 4 of the Penal Code 1871 which may be applicable (other than section 95), any person who uses or attempts to use any gun at the time of his or her committing or attempting to commit any scheduled offence shall, whether or not the person has any intention to cause physical injury to any individual or property, be guilty of an offence and shall on conviction be punished with death. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s5
section: 5
title: Punishment for accomplices
content:
5. Where any gun is used by any person in committing or in attempting to commit any offence or where an offence under section 4A has been committed by any person, each of the person’s accomplices present at the scene of the offence who may reasonably be presumed to have known that the person was carrying or had in the person’s possession or under the person’s control the gun, shall, unless the accomplice proves that he or she had taken all reasonable steps to prevent the use of the gun, be guilty of an offence and shall on conviction be punished with death. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s6
section: 6
title: Trafficking in guns
content:
6. —(1) Any person trafficking in guns shall be guilty of an offence and shall on conviction be punished with — ( a ) death; or ( b ) imprisonment for life and with caning with not less than 6 strokes. [Act 3 of 2021 wef 01/07/2025] (2) [ Deleted by Act 3 of 2021 wef 01/07/2025 ] [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s7
section: 7
title: Consorting with person carrying guns
content:
7. Any person who consorts with, or is found in the company of, another person who is unlawfully carrying or is in unlawful possession of any gun in circumstances which raise a reasonable presumption that he or she knew that that other person was carrying or had in his or her possession or under his or her control any such gun shall, unless he or she proves that he or she had reasonable grounds for believing that that other person was not unlawfully carrying or was not in unlawful possession of the gun, be guilty of an offence and shall be liable on conviction to the like punishment as that other person with whom he or she was consorting or in whose company he or she was found. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s8
section: 8
title: Penalty for exhibiting imitation gun when committing scheduled offence
content:
8. Any person who at the time of committing or attempting to commit or abetting the commission of any scheduled offence exhibits any imitation gun in a manner likely to put any other person in fear of death or hurt shall be guilty of an offence and shall be liable on conviction to imprisonment for a term which may extend to 10 years and shall also be punished with caning with not less than 3 strokes. [Act 3 of 2021 wef 01/07/2025]


document_id: aoa-1973
provision_ref: s9
section: 9
title: Presumption
content:
9. Where any gun is found in or on any premises, the occupier of the premises is deemed to be in possession of the gun unless the occupier proves that some other person was in possession thereof, or the occupier had no knowledge or reasonable means of knowing that the gun was in or on the premises and that the occupier had taken all reasonable precautions against the gun being kept in or on the premises. [Act 3 of 2021 wef 01/07/2025] 10. [ Repealed by Act 3 of 2021 wef 01/07/2025 ]


document_id: aoa-1973
provision_ref: s11
section: 11
title: Saving of other written law
content:
11. The provisions of this Act have effect without affecting the provisions of the Guns, Explosives and Weapons Control Act 2021 or of any other written law for the time being in force in Singapore relating to unlawful possession of guns or ammunition. [Act 3 of 2021 wef 01/07/2025]


document_id: ara-1909
provision_ref: s2
section: 2
title: Interpretation
content:
2. In this Act, unless the context otherwise requires — “Authority” means the Singapore Land Authority established under the Singapore Land Authority Act 2001; “Collector” has the same meaning as in the Land Revenue Collection Act 1940; “competent authority” means the competent authority appointed under section 5 of the Planning Act 1998 in respect of the grant of subdivision permission; “grant” means a grant in perpetuity; “grantee” means the owner of a grant in perpetuity; “land” includes any building or structure; “lessee” means the lessee of land held under a State lease, and includes the assignee of the entirety of the land comprised in any State lease and the legal representatives of a State lessee; “notice” means a notice of apportionment of rent; “subdivided land” means any land in respect of which subdivision permission to subdivide has been granted by a competent authority under the Planning Act 1998. [17/2001]


document_id: ara-1909
provision_ref: s3
section: 3
title: Subdivision of land to be notified
content:
3. —(1) Every lessee or grantee of land comprised in any State lease or grant shall, within one month from the date of obtaining any subdivision permission from the competent authority to subdivide such land, inform the Collector in writing of the subdivision permission together with a copy of the approved plan showing the subdivision and particulars of the persons entitled as beneficial owners to the parts of the subdivided land. (2) The Collector shall determine the rent payable in respect of each subdivision. (3) The minimum rent in respect of any subdivision shall be $1 and any fraction of 50 cents shall count as 50 cents. (4) When a determination has been made by the Collector under subsection (2), he shall cause a notice of apportionment of the rent to be served upon the lessee or grantee and upon the persons entitled as beneficial owners to the parts of the subdivided land. (5) Any person who fails to comply with subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $500.


document_id: ara-1909
provision_ref: s4
section: 4
title: Apportionment by Collector
content:
4. Whenever it appears to the Collector that any land held under a State lease or grant has been subdivided and no notification of the subdivision in respect of the land has been given under section 3, the Collector may determine the rent payable in respect of each subdivision and shall thereafter proceed to make an order of apportionment in accordance with the provisions of this Act which shall apply, with the necessary modifications, as if the determination has been made by the Collector under section 3(2).


document_id: ara-1909
provision_ref: s5
section: 5
title: Mode of service of notice where not personal
content:
5. If the Collector is unable to find any person upon whom service ought to be effected, he may serve the notice upon that person by posting it on the land and at the office of the Authority, and such posting shall be deemed to be good service. [17/2001]


document_id: ara-1909
provision_ref: s6
section: 6
title: Objection to apportionment
content:
6. If any person upon whom a notice is served objects to the apportionment of rent, he shall send his objection in writing to the Collector within one month of the service of the notice.


document_id: ara-1909
provision_ref: s7
section: 7
title: Apportionment order when made
content:
7. —(1) On the expiration of one month from the date of the service of the last served of such notices, the Collector may, under his hand and seal, make an order of apportionment of the rent payable to the Government in respect of each subdivision. (2) If any objection has been received by the Collector under section 6, he shall consider the objection prior to making his order of apportionment. (3) An order of apportionment shall be final and binding on every lessee or grantee and holder of a subdivision, notwithstanding that notice may not have been served on all the persons entitled to the various subdivisions of the State lease or grant. (4) The Collector shall cause a copy of his order to be served upon all persons upon whom a notice was served under section 3(4). (5) Such service may be effected by posting on the land and at the office of the Authority. [17/2001]


document_id: ara-1909
provision_ref: s8
section: 8
title: Effect of order
content:
8. From the date of the order of apportionment — ( a ) the rent apportioned in respect of any subdivision shall be — (i) due to the Government by the person entitled to each subdivision and his executors, administrators and assigns, and shall, if the rent for the current year upon the State lease or grant remains unpaid, be payable forthwith; (ii) henceforth payable at the time and place at which the rent on the State lease or grant was payable; and (iii) recoverable by any means prescribed by law relating to the collection of rents due to the Government; ( b ) the covenant by the lessee or grantee to pay to the Government the rent specified in the State lease or grant shall — (i) in any case where the lessee or grantee has by duly registered deeds assigned or conveyed the entirety of the land comprised in the State lease or grant, be discharged; and (ii) in any case where the lessee or grantee retains a part only of the land comprised in the State lease or grant, be so modified as to apply only to the rent apportioned under this Act to that part of the land comprised in the State lease or grant which is retained by the lessee or grantee; and ( c ) any covenant by any person entitled to a subdivision to pay to the lessee or grantee a portion of the rent shall be discharged.


document_id: ara-1909
provision_ref: s9
section: 9
title: Collector to keep record
content:
9. —(1) The Collector shall keep a book, to be called the Record of Apportionment of Rents, in which he shall record under his hand all particulars furnished to him or determined by him under this Act. (2) All entries in the Record of Apportionment of Rents shall be prima facie evidence in any court of law of the truth of the facts therein stated.


document_id: arsa-2011
provision_ref: s2
chapter: PART 1 - PRELIMINARY
section: 2
title: Interpretation
content:
2. —(1) In this Act, unless the context otherwise requires — “adverse incident”, in relation to an amusement ride, includes — ( a ) any malfunction of the amusement ride; ( b ) any accident arising from the operation of the amusement ride; ( c ) any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire); ( d ) the collapse, breakage, dislodgement or disengagement of any structure or component of the amusement ride; ( e ) any occurrence arising from the operation of the amusement ride that results or is likely to result in — (i) any injury to, or the death of, any person who is using or operating, or in the vicinity of, the amusement ride; or (ii) any person being stranded or trapped on or in any part of the amusement ride; and ( f ) such other occurrence as may be prescribed as an adverse incident for the purposes of this Act; “amusement ride” means any mechanised or power‑driven device or any combination of such devices, together with any machinery, equipment and plant connected thereto or used in connection therewith, which — ( a ) is designed to carry patrons on, along, around, over or through a fixed or restricted course, or within a defined area, for the primary purpose of giving those patrons amusement, pleasure, thrills or excitement; and ( b ) is available for use by members of the public upon their payment of a fee or otherwise, whether or not that device or combination of devices is erected to remain as a lasting part of any premises or is regularly relocated, and — ( c ) includes such other device or combination of devices as may be prescribed to be an amusement ride for the purposes of this Act; but ( d ) does not include any — (i) coin-operated ride; (ii) playground equipment; or (iii) device or combination of devices which is prescribed as not being an amusement ride for the purposes of this Act; “Authority” means the Building and Construction Authority established under section 3 of the Building and Construction Authority Act 1999; “building” has the meaning given by the Building Control Act 1989, and includes any part of an amusement ride which is declared to be a building under paragraph ( g ) of the definition of “building” in section 2(1) of that Act; “building works” has the meaning given by section 2(1) of the Building Control Act 1989; “certificate of compliance” means a certificate of compliance issued by the Commissioner of Civil Defence under section 36(4)( a ) in respect of the fire and rescue management system of an amusement ride; “coin-operated ride” means any device which — ( a ) is fixed to a non-moving base; and ( b ) upon the insertion of any coin, slug, token, plate or disc, operates as a ride for children; “Commissioner” means the Commissioner of Amusement Rides Safety appointed under section 3(1); “Commissioner of Building Control” means the appropriate Commissioner of Building Control appointed under section 3(1) of the Building Control Act 1989; “Commissioner of Civil Defence” means the Commissioner of Civil Defence appointed under section 6 of the Civil Defence Act 1986 and includes any public officer or member of the Civil Defence Force designated by the Commissioner of Civil Defence to act in his or her place for the purposes of this Act; “component”, in relation to an amusement ride, means any part in the entire assembly of parts that make up the amusement ride, and includes — ( a ) any part of the structure of the amusement ride; ( b ) any chair, car, capsule, cabin, gondola, boat, raft, vehicle or other conveyance which forms part of the amusement ride; ( c ) any cable, chain, rope or cord used for the purposes of the amusement ride; and ( d ) any electrical gadget, switch or device or any computer hardware or software used in connection with the operation of the amusement ride; “conformity assessor” means any person or body of persons (whether incorporated or not, and whether local or foreign) — ( a ) whose expertise is or includes the carrying out of procedures (including inspections, tests and certifications) for determining whether the design and specifications, the proposed installation method and programme or the proposed modification method and programme relating to a major amusement ride or the major modification thereof conform to any given technical standard or requirement; and ( b ) who satisfies the prescribed requirements; “design and specifications” means — ( a ) in relation to an amusement ride — the design and specifications (including any plans and calculations) of or relating to — (i) the machinery, equipment and plant connected to, or used in connection with, the amusement ride; (ii) the structure and components of the amusement ride; (iii) the materials used to construct the amusement ride; (iv) the stability and structural integrity of the amusement ride; and (v) such other aspects of the amusement ride as may be prescribed; and ( b ) in relation to any major modification to be carried out on an amusement ride — the design and specifications (including any plans and calculations) in accordance with which any aspect of the amusement ride mentioned in paragraph ( a )(i) to (v) is to be modified pursuant to the major modification; “enforcement officer” means any person appointed under section 3(3) to be an enforcement officer for the purposes of this Act; “existing amusement ride” means an amusement ride which has been in operation at any time during the period of 12 months immediately before 1 July 2011, whether on a continuous or an intermittent basis; “fire and rescue management system”, in relation to an amusement ride, means any installation, apparatus or equipment (whether integrated as part of the amusement ride or otherwise) and the protocols and instructions for the activation, operation and use thereof, which are designed to be used for — ( a ) addressing — (i) any occurrence of fire on the amusement ride or any part thereof (including the spread of smoke or any other harmful emission arising from such fire); (ii) any occurrence arising from the operation of the amusement ride that results or is likely to result in any person being injured, stranded or trapped on or in any part of the amusement ride; and (iii) such other occurrence arising from the operation of the amusement ride as may be prescribed; ( b ) giving warning of any occurrence mentioned in paragraph ( a ), or of the likelihood of any such occurrence; ( c ) providing a means of rescue, escape or evacuation of persons from the amusement ride in the event of any occurrence mentioned in paragraph ( a ); and ( d ) providing access to any premises or place for the purpose of addressing any occurrence mentioned in paragraph ( a ); “install”, in relation to an amusement ride, means to construct, erect, assemble or put in place the amusement ride on any premises, but in relation to an amusement ride that is capable of being relocated, does not include to construct, erect, assemble or put in place that amusement ride on any premises arising from its relocation to those premises; “installation method and programme”, in relation to an amusement ride, means the method and programme to be followed for the installation of the amusement ride, and includes all safety assessments and tests to be carried out during or upon the completion of the installation works; “installation permit” means a permit issued by the Commissioner under section 6 authorising the installation of an amusement ride; “installation works” means all works relating to the installation of an amusement ride, but does not include any building works relating to the construction or modification of any building which forms part of the amusement ride or to which the amusement ride is connected; “major amusement ride” means any type of amusement ride which, on account of its design, size, structure, speed or other characteristics, is prescribed as a major amusement ride for the purposes of this Act; “major modification”, in relation to an amusement ride, means any manner of change to the structure or mechanism of the amusement ride which is prescribed as a major modification for the purposes of this Act; “minor modification”, in relation to an amusement ride, means any modification to the amusement ride (including any refurbishment thereof) which is not prescribed as a major modification for the purposes of this Act; “modification method and programme”, in relation to the major modification of an amusement ride, means the method and programme to be followed for the major modification of the amusement ride, and includes all safety assessments and tests to be carried out during or upon the completion of the modification works; “modification permit” means a permit issued by the Commissioner under section 24 authorising the major modification of an amusement ride; “modification works” means all works relating to the major modification or minor modification (as the case may be) of an amusement ride, but does not include any building works relating to the construction or modification of any building which forms part of the amusement ride or to which the amusement ride is connected; “operate”, in relation to an amusement ride, means to cause the amusement ride to be put to function for the purpose of making the use of the amusement ride available to members of the public, whether upon their payment of a fee or otherwise, and “operator” is to be construed accordingly; “operating method”, in relation to an amusement ride, means the method by which, according to its design and specifications, the amusement ride is to be put to function, and includes all safety measures to be taken in the event of any adverse incident occurring in respect of the amusement ride; “operating permit” means a permit issued by the Commissioner under section 14 authorising the holder of the permit to operate an amusement ride; “owner” means — ( a ) in relation to any premises — the person for the time being receiving the rents or profits for the lease of the premises, whether on the person’s own account or as agent or trustee for any other person, or who would so receive the rents or profits if the premises were so leased, and includes the person whose name is entered in the Valuation List prepared under section 10 of the Property Tax Act 1960; and ( b ) in relation to an amusement ride — the person for the time being receiving the rents or profits for the lease of the amusement ride, whether on the person’s own account or as agent or trustee for any other person, or who would so receive the rents or profits if the amusement ride were so leased; “patron” means any person who uses an amusement ride; “person responsible”, in relation to an amusement ride, means — ( a ) the person who holds the operating permit in respect of the amusement ride; or ( b ) if no person holds an operating permit in respect of the amusement ride for the time being — any of the following persons: (i) the owner of the amusement ride or the person who has the charge, management or control of the amusement ride; (ii) the owner of the premises on which the amusement ride is installed; (iii) where the amusement ride is installed in an approved place within the meaning of section 2 of the Public Entertainments Act 1958, and despite the amusement ride not being a public entertainment within the meaning of that section, the holder of a licence under that Act in respect of the public entertainment that is provided at that approved place; (iv) the person who is allowed by virtue of section 75 to operate the amusement ride without an operating permit; or (v) any other person who is prescribed to be the person responsible for the amusement ride for the purposes of this Act; “playground equipment” means any apparatus designed for recreational use in a playground and includes swings, seesaws, stationary spring-mounted animal features, rider‑propelled merry‑go‑rounds, climber


document_id: arsa-2011
provision_ref: s3
chapter: PART 1 - PRELIMINARY
section: 3
title: Appointment of Commissioner and enforcement officers
content:
3. —(1) The Minister may appoint any person to be the Commissioner of Amusement Rides Safety. (2) The Commissioner has, subject to any general or special directions of the Minister, charge of the administration of this Act and may perform the duties imposed, and may exercise the powers conferred, upon him or her by this Act. (3) The Commissioner may appoint, by name or office, from among — ( a ) public officers; or ( b ) persons in the employment of the Authority or such other public authority constituted by any written law as the Minister may approve for the purpose, any number of enforcement officers that the Commissioner considers necessary for the purpose of assisting him or her in administering and enforcing this Act. (4) Any powers conferred on and duties to be performed by the Commissioner under this Act may, subject to any general or special directions of the Commissioner, be exercised or performed by any enforcement officer appointed under subsection (3). (5) Every enforcement officer appointed under subsection (3) is subject to the general supervision of the Commissioner. (6) Every enforcement officer when exercising any powers under this Act must, if not in uniform, declare his or her office and must, on demand, produce to any person affected by the exercise of those powers any identification card that the Commissioner may direct to be carried by the enforcement officer when exercising those powers. (7) It is not an offence for any person to refuse to comply with any requirement, demand or order made or given by any enforcement officer who fails to produce his or her identification card on demand being made by that person.


document_id: arsa-2011
provision_ref: s4
chapter: PART 1 - PRELIMINARY
section: 4
title: Commissioner and enforcement officers deemed to be public servants
content:
4. The Commissioner and every enforcement officer are deemed to be public servants within the meaning of the Penal Code 1871.


document_id: arsa-2011
provision_ref: s5
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 5
title: Requirement for installation permit
content:
5. —(1) A person must not install or cause any amusement ride to be installed unless the installation of the amusement ride is authorised by, and is carried out in accordance with the conditions of, a valid installation permit. (2) Any person who commences or carries out, or who causes, permits or authorises the commencement or carrying out of, any installation works in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. (3) If any installation works are being carried out in contravention of subsection (1), the Commissioner may — ( a ) by written notice, require the person who is carrying out, or who has caused, permitted or authorised the carrying out of, the installation works to take or cause to be taken, at the expense of that person and within the time stipulated in the notice, all such measures as may be specified in the notice to secure the cessation of the installation works; or ( b ) take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the installation works and recover from the person mentioned in paragraph ( a ) by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken. (4) If the person on whom a notice under subsection (3)( a ) is served fails to comply with the notice within the time stipulated in the notice — ( a ) that person 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 6 months or to both; and ( b ) the Commissioner may take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the installation works, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken. (5) The measures mentioned in subsections (3)( a ) and ( b ) and (4)( b ) include — ( a ) the closure or cordoning off of the premises on which the installation works are being carried out; and ( b ) the dismantling of any part of the amusement ride that has already been installed. (6) In addition to the powers exercisable by him or her under subsection (3) or (4), the Commissioner may, if the Commissioner thinks necessary for securing the cessation of any installation works being carried out in contravention of subsection (1), seize and detain — ( a ) any machinery, equipment or plant connected or used in connection with the amusement ride being installed or with the installation works relating thereto; or ( b ) any component of the amusement ride being installed. (7) Section 51(2) applies to any item seized and detained under subsection (6).


document_id: arsa-2011
provision_ref: s6
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 6
title: Application for and issue of installation permit
content:
6. —(1) An application for an installation permit must — ( a ) be made to the Commissioner in such form and manner as the Commissioner may require; ( b ) be submitted to the Commissioner together with any documents and particulars that the Commissioner may require; and ( c ) be accompanied by the prescribed fee. (2) A person who wishes to obtain an installation permit must, before making an application under subsection (1) — ( a ) appoint a qualified person to — (i) review the design and specifications and the proposed installation method and programme of the amusement ride to be installed and certify that they conform to the prescribed requirements; (ii) supervise the installation works; and (iii) inspect and certify the amusement ride under section 12 upon the completion of its installation, for which purpose either the same qualified person may be appointed to carry out all of the functions mentioned in sub‑paragraphs (i), (ii) and (iii), or a different qualified person may be appointed to carry out each of those functions; ( b ) where applicable, apply, in accordance with section 5 or 5A of the Building Control Act 1989, to the Commissioner of Building Control for approval of the plans of any building works relating to any building which forms part of the amusement ride to be installed or to which the amusement ride is connected, or (as the case may be) ensure that the conditions in section 5AA(2) of that Act are satisfied in relation to such plans; and [Act 23 of 2023 wef 18/12/2023] ( c ) apply, in accordance with section 36, to the Commissioner of Civil Defence for the approval of the design and plans of the fire and rescue management system of the amusement ride to be installed. (3) Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may — ( a ) subject to subsection (4), issue an installation permit to the applicant — (i) in such form or manner as the Commissioner may determine; and (ii) subject to such conditions as the Commissioner thinks fit to impose; ( b ) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to — (i) make such alterations or amendments as the Commissioner may require to either or both the design and specifications and the proposed installation method and programme of the amusement ride; (ii) take such measures as the Commissioner may specify for the purpose of ensuring that the installation works will conform to the prescribed requirements; and (iii) resubmit the application for the installation permit upon having made those alterations or amendments or taken those measures; or ( c ) refuse to issue the installation permit, in which case the Commissioner must, if requested to do so by the applicant, state in writing the reasons for the refusal. (4) The Commissioner must not issue an installation permit unless the Commissioner is satisfied that — ( a ) the applicant — (i) is a fit and appropriate person to be issued an installation permit; and (ii) satisfies the prescribed requirements; ( b ) the design and specifications and the proposed installation method and programme of the amusement ride to be installed have been reviewed in accordance with section 46 by a qualified person appointed by the applicant under subsection (2)( a )(i) and certified by the qualified person as conforming to the prescribed requirements; ( c ) where applicable, the plans of any building works relating to any building which forms part of the amusement ride to be installed, or to which the amusement ride is connected, have been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA of the Building Control Act 1989; [Act 23 of 2023 wef 18/12/2023] ( d ) the design and plans of the fire and rescue management system of the amusement ride to be installed have been approved by the Commissioner of Civil Defence under section 36(3)( a ); and ( e ) the installation works will be carried out under the supervision of a qualified person appointed by the applicant under subsection (2)( a )(ii) (whether or not the qualified person is the same qualified person mentioned in paragraph ( b ) or a different qualified person). (5) If any direction given by the Commissioner under subsection (3)( b ) is not complied with within the time specified in the direction, or such further period as may be allowed by the Commissioner in any particular case, the Commissioner may dismiss the application.


document_id: arsa-2011
provision_ref: s7
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 7
title: Carrying out of installation works
content:
7. —(1) The holder of an installation permit must ensure that no installation works are carried out except under the supervision of a qualified person. (2) It is the duty of — ( a ) the holder of an installation permit; ( b ) any person who is directly engaged in the carrying out of the installation works authorised by the installation permit; and ( c ) the qualified person supervising the installation works, to ensure that the installation works are at all times carried out in accordance with — ( d ) the design and specifications and the proposed installation method and programme, as authorised by the installation permit; ( e ) the conditions of the installation permit; ( f ) the prescribed requirements; and ( g ) any direction given by the Commissioner in respect of the installation works. (3) Where, in relation to any installation works or part thereof, the Commissioner is of the opinion that — ( a ) any requirement under subsection (1) or (2) has not been or is not being complied with; or ( b ) the installation works are dangerous or liable to pose a danger to persons who are employed in connection with the installation works, or who are using or operating, or in the vicinity of, the amusement ride being installed, the Commissioner may, without revoking or suspending the installation permit under section 11, direct the holder of the installation permit or the person directly engaged in carrying out the installation works to — ( c ) cease the installation works or part thereof, either immediately or within such time as may be specified by the Commissioner; and ( d ) where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require, and the installation works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner. (4) The Commissioner may, upon an application made by the holder of the installation permit in such form and manner as the Commissioner may require, grant his or her consent for the installation works or any part thereof to resume if he or she is satisfied that any such installation works or part thereof, if allowed to resume — ( a ) will comply with the requirements under subsections (1) and (2); and ( b ) will not pose a danger to any person. (5) The holder of an installation permit who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the holder of the installation permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. (6) Any person to whom subsection (2) applies who contravenes that subsection shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. (7) Any person who is directly engaged in the carrying out of any installation works and who, in carrying out those installation works, deviates or permits or authorises any deviation, in any material way from the design and specifications or the proposed installation method and programme authorised by the installation permit, shall, unless that deviation has been submitted to and approved by the Commissioner in accordance with the regulations, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (8) Where a person to whom a direction has been given by the Commissioner under subsection (3) — ( a ) fails to comply with the direction; or ( b ) resumes the installation works without the written consent of the Commissioner, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: arsa-2011
provision_ref: s8
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 8
title: Duty to notify Commissioner of contravention of Act in relation to installation works
content:
8. —(1) If — ( a ) the holder of an installation permit; ( b ) any person who is directly engaged in the carrying out of the installation works authorised by the installation permit; or ( c ) the qualified person supervising the installation works, knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the installation works, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention. (2) Any person to whom subsection (1) applies who contravenes that subsection 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 3 months or to both. (3) It is a defence in any prosecution for a contravention of subsection (1) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention mentioned in the charge.


document_id: arsa-2011
provision_ref: s9
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 9
title: Alteration of conditions of installation permit
content:
9. —(1) The Commissioner may — ( a ) on his or her own volition; or ( b ) on an application made by the holder of an installation permit, at any time alter (whether by adding to, varying or revoking) the conditions of an installation permit. (2) Before the Commissioner alters the conditions of an installation permit on his or her own volition under subsection (1)( a ), the Commissioner must give written notice to the holder of the installation permit — ( a ) stating that the Commissioner proposes to alter the conditions of the installation permit in the manner specified in the notice; and ( b ) specifying the time (being not less than 14 days from the date the notice is served on the holder of the installation permit) within which written representation with respect to the proposed alteration of conditions may be made. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the Commissioner must consider the representation and may reject the representation or amend the proposed alteration of conditions in accordance with the representation and, in either event, must thereupon issue a written direction to the holder of the installation permit — ( a ) specifying the alteration made to the conditions of the installation permit; and ( b ) requiring the holder of the installation permit to comply with the altered conditions of the installation permit as from the date specified in the direction. (4) An application under subsection (1)( b ) to alter the conditions of an installation permit must be made to the Commissioner in such form and manner as the Commissioner may require and must — ( a ) specify the alteration required by the applicant and the reasons therefor; and ( b ) be accompanied by — (i) such documents and particulars as the Commissioner may require; and (ii) the prescribed fee. (5) Where the Commissioner decides to alter the conditions of an installation permit pursuant to an application made under subsection (1)( b ), the Commissioner must issue a written direction to the holder of the installation permit — ( a ) specifying the alteration made to the conditions of the installation permit; and ( b ) requiring the holder of the installation permit to comply with the altered conditions of the installation permit as from the date specified in the direction.


document_id: arsa-2011
provision_ref: s10
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 10
title: Installation permit not transferable
content:
10. An installation permit is not transferable by its holder to any other person, and any such purported transfer of any installation permit is void.


document_id: arsa-2011
provision_ref: s11
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 11
title: Lapsing, revocation and suspension of installation permit
content:
11. —(1) An installation permit automatically lapses — ( a ) if the holder of the installation permit — (i) dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or (ii) ceases to be the person for whom the amusement ride is to be installed or the person carrying out the installation works, as the case may be; ( b ) if the qualified person appointed by the holder of the installation permit under section 6(2)( a )(ii) to supervise the installation works has vacated his or her appointment and the holder of the installation permit has failed to appoint a substitute qualified person to supervise the installation works and to notify the Commissioner of the substitute appointment in accordance with section 41(1)( b )(i) and (ii); or ( c ) in the event of such other occurrence or in such other circumstances as may be prescribed. (2) The Commissioner may revoke an installation permit if — ( a ) the installation works authorised by the installation permit, having commenced, are suspended for a continuous period of more than 3 months; ( b ) in the Commissioner’s opinion, the holder of the installation permit has contravened or is contravening, or the installation works authorised by the installation permit have been or are being carried out in a manner which contravenes — (i) any condition of the installation permit; (ii) any prescribed requirement; or (iii) any direction given by the Commissioner in respect of the installation works; ( c ) the Commissioner has reason to believe that the installation permit had been obtained by fraud or misrepresentation; ( d ) the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the installation permit had the Commissioner been aware of the circumstance immediately before issuing the installation permit; or ( e ) the Commissioner considers it in the public interest to revoke the installation permit. (3) The Commissioner may, if he or she considers it desirable to do so — ( a ) suspend an installation permit for a specific period instead of revoking it under subsection (2); and ( b ) at any time extend or rescind the suspension. (4) Subject to subsection (5), the Commissioner must not revoke or suspend an installation permit under subsection (2) or (3) without giving the holder of the installation permit an opportunity to be heard in accordance with the prescribed procedure. (5) The Commissioner may revoke or suspend an installation permit without giving the holder of the installation permit an opportunity to be heard if — ( a ) the holder of the installation permit — (i) has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (ii) is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the installation permit; or ( c ) the holder of the installation permit has been convicted — (i) of an offence under this Act; or (ii) whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the installation permit had acted fraudulently or dishonestly.


document_id: arsa-2011
provision_ref: s12
chapter: PART 2 - INSTALLATION OF AMUSEMENT RIDES
section: 12
title: Inspection and certification of amusement ride after installation
content:
12. Upon the completion of the installation of an amusement ride — ( a ) the qualified person appointed by the holder of the installation permit under section 6(2)( a )(iii) must, in accordance with section 46, inspect the amusement ride and issue a certificate stating that, in the qualified person’s opinion — (i) the installation works have been properly carried out in accordance with — (A) the design and specifications and the proposed installation method and programme, as authorised by the installation permit; (B) the conditions of the installation permit; (C) the prescribed requirements; and (D) any direction given by the Commissioner in respect of the installation works; and (ii) the amusement ride, as installed — (A) conforms to the prescribed requirements; and (B) is in a safe working condition and fit for operation; and ( b ) the holder of the installation permit must, in accordance with section 36, apply to and obtain from the Commissioner of Civil Defence a certificate of compliance in respect of the fire and rescue management system of the amusement ride.


document_id: arsa-2011
provision_ref: s13
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 13
title: Requirement for operating permit, etc.
content:
13. —(1) A person must not operate an amusement ride unless — ( a ) the person holds a valid operating permit and operates the amusement ride in accordance with the conditions of the operating permit; and ( b ) at all times when the amusement ride is being operated — (i) the amusement ride is in a state of good repair and safe working condition, and is fit for operation; (ii) there is in force a certificate of compliance in respect of the fire and rescue management system of the amusement ride, and the fire and rescue management system of the amusement ride complies with such requirements (if any) as may be prescribed under section 38; (iii) there is in force an insurance covering the person responsible for the amusement ride against liability for any injury to, or the death of, any person arising out of the operation or use of the amusement ride in an amount that is not less than the prescribed minimum limits; and (iv) there is appointed in respect of the amusement ride at least one ride manager to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride. (2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. (3) If any amusement ride is being operated in contravention of subsection (1), the Commissioner may — ( a ) by written notice, require the person responsible for the amusement ride to take or cause to be taken (at the expense of such person and within such time as may be stipulated in the notice) all such measures as may be specified in the notice to secure the cessation of the operation of the amusement ride; or ( b ) take or cause to be taken all such measures that the Commissioner thinks necessary to secure the cessation of the operation of the amusement ride and recover from the person responsible for the amusement ride by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken. (4) If the person on whom a notice under subsection (3)( a ) is served fails to comply with the notice within the time stipulated in the notice — ( a ) that person 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 6 months or to both; and ( b ) the Commissioner may take or cause to be taken all measures that he or she thinks necessary to secure the cessation of the operation of the amusement ride, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken. (5) The measures mentioned in subsections (3)( a ) and ( b ) and (4)( b ) include — ( a ) the closure or cordoning off of the amusement ride; and ( b ) the dismantling of the whole or any part of the amusement ride. (6) In addition to the powers exercisable by him or her under subsection (3) or (4), the Commissioner may, if he or she thinks it necessary for securing the cessation of the operation of an amusement ride in contravention of subsection (1), seize and detain — ( a ) any machinery, equipment or plant connected or used in connection with the amusement ride; or ( b ) any component of the amusement ride. (7) Section 51(2) applies to any item seized and detained under subsection (6).


document_id: arsa-2011
provision_ref: s14
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 14
title: Application for and issue of operating permit
content:
14. —(1) An application for an operating permit must — ( a ) be made to the Commissioner in such form and manner as the Commissioner may require; ( b ) be submitted to the Commissioner together with such documents and particulars as the Commissioner may require; and ( c ) be accompanied by the prescribed fee. (2) Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may inspect the amusement ride in respect of which the application has been made or cause the amusement ride to be inspected by an enforcement officer, and thereafter — ( a ) subject to subsection (3), issue an operating permit to the applicant — (i) in such form or manner as the Commissioner may determine; and (ii) subject to such conditions as the Commissioner thinks fit to impose; ( b ) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to — (i) take such measures or comply with such requirements (including the carrying out of any works or modifications to the amusement ride) as the Commissioner may specify for the purpose of ensuring that the amusement ride conforms to the prescribed requirements; and (ii) resubmit the application for the operating permit upon having taken those measures or complied with those requirements; or ( c ) refuse to issue the operating permit, in which case the Commissioner must, if requested by the applicant, state in writing the reasons for the refusal. (3) The Commissioner must not issue an operating permit unless the Commissioner is satisfied that — ( a ) the applicant — (i) is a fit and appropriate person to be issued an operating permit; and (ii) satisfies the prescribed requirements; ( b ) the amusement ride in respect of which the operating permit is sought — (i) has (as the case requires) been inspected and certified by a qualified person — (A) under section 12 upon the completion of its installation; (B) under section 30 upon the completion of its major modification; or (C) in accordance with the regulations, in any case to which sub‑paragraph (A) or (B) does not apply; and (ii) satisfies the prescribed requirements; ( c ) where applicable, the Commissioner of Building Control has issued a certificate of statutory completion or granted a temporary occupation permit under section 12 of the Building Control Act 1989 in respect of any building which forms part of the amusement ride or to which the amusement ride is connected; ( d ) the Commissioner of Civil Defence has issued a certificate of compliance under section 36 in respect of the fire and rescue management system of the amusement ride, and the fire and rescue management system of the amusement ride complies with such requirements (if any) as may be prescribed under section 38; ( e ) there will be in force for the duration of the operating permit (if issued) an insurance covering the person responsible for the amusement ride against liability for any injury to, or the death of, any person arising out of the operation or use of the amusement ride in an amount that is not less than the prescribed minimum limit; and ( f ) the applicant has appointed at least one ride manager under section 16 to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride at all times when the amusement ride is in operation. (4) If any direction given by the Commissioner under subsection (2)( b ) is not complied with within the time specified in that direction, or such further period as the Commissioner may allow, the Commissioner may dismiss the application.


document_id: arsa-2011
provision_ref: s15
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 15
title: Duration and renewal of operating permit
content:
15. —(1) An operating permit — ( a ) is valid, unless it has earlier lapsed or been revoked or suspended, for such period, not exceeding 12 months starting on the date of its issue, as may be specified in the operating permit; and ( b ) may be renewed upon its expiry. (2) An application for the renewal of an operating permit must be made in accordance with the prescribed requirements.


document_id: arsa-2011
provision_ref: s16
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 16
title: Appointment of ride managers
content:
16. —(1) The holder of an operating permit in respect of an amusement ride must appoint at least one suitably qualified and trained person as a ride manager to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride. (2) If any ride manager appointed under subsection (1) in respect of an amusement ride for any reason vacates his or her appointment — ( a ) both the holder of the operating permit and the ride manager must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and ( b ) the holder of the operating permit must — (i) without delay appoint under subsection (1) another ride manager to substitute the firstmentioned ride manager; and (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment. (3) If a ride manager who vacates his or her office is the only ride manager who has been appointed in respect of the amusement ride, the holder of the operating permit must not commence or (as the case may be) must immediately cease the operation of the amusement ride until the holder of the operating permit has appointed a substitute ride manager under subsection (2)( b )(i) and notified the Commissioner of the substitute appointment under subsection (2)( b )(ii). (4) The holder of an operating permit who contravenes subsection (1) or (3) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the holder of the operating permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. (5) A ride manager who has vacated his or her appointment and contravenes subsection (2)( a ) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both. (6) The holder of an operating permit who contravenes subsection (2)( a ) or ( b )(ii) 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 3 months or to both.


document_id: arsa-2011
provision_ref: s17
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 17
title: Duties of ride managers in respect of operation of amusement ride
content:
17. —(1) Every ride manager of an amusement ride must — ( a ) take all reasonable steps and exercise all due diligence to oversee, manage and supervise the daily routine operation and maintenance of the amusement ride in accordance with — (i) the conditions of the operating permit issued in respect of the amusement ride; (ii) the prescribed requirements; and (iii) any direction given by the Commissioner in respect of the operation of the amusement ride; and ( b ) carry out such other duties as may be prescribed. (2) Any ride manager who contravenes subsection (1)( a ) or ( b ) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the ride manager shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.


document_id: arsa-2011
provision_ref: s18
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 18
title: Operation of amusement ride
content:
18. —(1) It is the duty of the holder of an operating permit to take all reasonable steps and exercise all due diligence to — ( a ) ensure that at all times the amusement ride is operated safely and in a manner which — (i) does not endanger, and is not likely to endanger, the safety of persons who are using or operating, or in the vicinity of, the amusement ride; (ii) is in accordance with the operating method of the amusement ride; and (iii) complies with — (A) the conditions of the operating permit issued in respect of the amusement ride; (B) the prescribed requirements; and (C) any direction given by the Commissioner in respect of the operation of the amusement ride; and ( b ) take every precaution as is reasonable in the circumstances for the protection of persons who are using or operating, or in the vicinity of, the amusement ride. (2) Where the Commissioner is of the opinion that an amusement ride has been or is being operated in a manner that is in contravention of any requirement under subsection (1), the Commissioner may, without revoking or suspending the operating permit under section 22, direct the holder of an operating permit to — ( a ) cease the operation of the amusement ride, either immediately or within such time as the Commissioner may specify; and ( b ) take, at the expense of the holder of the operating permit, such remedial measures as the Commissioner may require, and the operation of the amusement ride must not be resumed without the written consent of the Commissioner. (3) The Commissioner may, upon an application made by the holder of the operating permit in such form and manner as the Commissioner may require, grant his or her consent for the operation of the amusement ride to resume if he or she is satisfied that the operation of the amusement ride, if allowed to resume — ( a ) will comply with the requirements under subsection (1); and ( b ) will not pose a danger to any person. (4) The holder of an operating permit who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the holder of the operating permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. (5) Where the holder of an operating permit to whom a direction has been given by the Commissioner under subsection (2) — ( a ) fails to comply with the direction; or ( b ) resumes the operation of the amusement ride without the written consent of the Commissioner, the holder of the operating permit 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 6 months or to both.


document_id: arsa-2011
provision_ref: s19
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 19
title: Duty to notify Commissioner of contravention of Act in relation to operation of amusement ride
content:
19. —(1) If the holder of an operating permit or any ride manager knows or ought reasonably to know of any contravention of this Act relating to the operation of the amusement ride, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention. (2) Any person to whom subsection (1) applies who contravenes that subsection 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 3 months or to both. (3) It is a defence in any prosecution for a contravention of subsection (1) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention referred to in the charge.


document_id: arsa-2011
provision_ref: s20
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 20
title: Alteration of conditions of operating permit
content:
20. —(1) The Commissioner may — ( a ) on his or her own volition; or ( b ) on an application made by the holder of an operating permit, at any time alter (whether by adding to, varying or revoking) the conditions of an operating permit. (2) Before the Commissioner alters the conditions of an operating permit on his or her own volition under subsection (1)( a ), the Commissioner must give written notice to the holder of the operating permit — ( a ) stating that the Commissioner proposes to alter the conditions of the operating permit in the manner specified in the notice; and ( b ) specifying the time (being not less than 14 days from the date the notice is served on the holder of the operating permit) within which written representations with respect to the proposed alteration of conditions may be made. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the Commissioner must consider the representation and may reject the representation or amend the proposed alteration of conditions in accordance with the representation and, in either event, must issue a written direction to the holder of the operating permit — ( a ) specifying the alteration made to the conditions of the operating permit; and ( b ) requiring the holder of the operating permit to comply with the altered conditions of the operating permit as from the date specified in the direction. (4) An application under subsection (1)( b ) to alter the conditions of an operating permit must be made to the Commissioner in such form and manner as the Commissioner may require and — ( a ) specify the alteration required by the applicant and the reasons therefor; and ( b ) be accompanied by — (i) such documents and particulars as the Commissioner may require; and (ii) the prescribed fee. (5) Where the Commissioner decides to alter the conditions of an operating permit pursuant to an application made under subsection (1)( b ), the Commissioner must issue a written direction to the holder of the operating permit — ( a ) specifying the alteration made to the conditions of the operating permit; and ( b ) requiring the holder of the operating permit to comply with the altered conditions of the operating permit as from the date specified in the direction.


document_id: arsa-2011
provision_ref: s21
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 21
title: Operating permit not transferable
content:
21. An operating permit is not transferable by its holder to any other person, and any such purported transfer of any operating permit is void.


document_id: arsa-2011
provision_ref: s22
chapter: PART 3 - OPERATION OF AMUSEMENT RIDES
section: 22
title: Lapsing, revocation and suspension of operating permit
content:
22. —(1) An operating permit automatically lapses — ( a ) if the holder of the operating permit — (i) dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or (ii) ceases to be the operator of the amusement ride; ( b ) if the insurance required under section 13(1)( b )(iii) ceases to be in force; or ( c ) in the event of such other occurrence or in such other circumstances as may be prescribed. (2) The Commissioner may revoke an operating permit if — ( a ) the amusement ride (not being an amusement ride that is capable of being relocated) has not been in operation for a continuous period of more than 3 months; ( b ) in the Commissioner’s opinion, the holder of the operating permit has contravened or is contravening, or the operation of the amusement ride has been or is being carried out in a manner which contravenes — (i) any condition of the operating permit; (ii) any prescribed requirement; or (iii) any direction given by the Commissioner in respect of the operation of the amusement ride; ( c ) the Commissioner has reason to believe that the operating permit had been obtained by fraud or misrepresentation; ( d ) the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the operating permit had the Commissioner been aware of the circumstance immediately before issuing the operating permit; or ( e ) the Commissioner considers it in the public interest to revoke the operating permit. (3) The Commissioner may, if he or she considers it desirable to do so — ( a ) suspend an operating permit for a specific period instead of revoking it under subsection (2); and ( b ) at any time extend or rescind the suspension. (4) Subject to subsection (5), the Commissioner must not revoke or suspend an operating permit under subsection (2) or (3) without giving the holder of the operating permit an opportunity to be heard in accordance with the prescribed procedure. (5) The Commissioner may revoke or suspend an operating permit without giving the holder of the operating permit an opportunity to be heard if — ( a ) the holder of the operating permit — (i) has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (ii) is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the operating permit; ( c ) the holder of the operating permit has been convicted — (i) of an offence under this Act; or (ii) whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the operating permit had acted fraudulently or dishonestly; or ( d ) the Commissioner of Civil Defence has, under section 37, withdrawn the certificate of compliance that has been issued in respect of the fire and rescue management system of the amusement ride being operated by the holder of the operating permit.


document_id: arsa-2011
provision_ref: s23
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 23
title: Requirement for modification permit
content:
23. —(1) A person must not carry out or cause any major modification to be carried out to any amusement ride unless that major modification is authorised by, and is carried out in accordance with the conditions of, a valid modification permit. (2) Any person who commences or carries out, or who permits or authorises the commencement or carrying out of, any modification works in contravention of subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $200,000 or to imprisonment for a term not exceeding 2 years or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $1,000 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $2,000 for every day or part of a day during which the contravention continues after conviction. (3) If any modification works are being carried out in contravention of subsection (1), the Commissioner may — ( a ) by written notice, require the person who is carrying out, or who has caused, permitted or authorised the carrying out of, the modification works to take or cause to be taken, at the expense of such person and within such time as may be stipulated in the notice, all such measures as may be specified in the notice to secure the cessation of the modification works; or ( b ) take or cause to be taken all measures that the Commissioner thinks necessary to secure the cessation of the modification works and recover from the person mentioned in paragraph ( a ) by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken. (4) If the person on whom a notice under subsection (3)( a ) is served fails to comply with the notice within the time stipulated in the notice — ( a ) that person 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 6 months or to both; and ( b ) the Commissioner may take or cause to be taken all measures that he or she thinks necessary to secure the cessation of the modification works, including those measures specified in the notice, and recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in taking or causing those measures to be taken. (5) The measures mentioned in subsections (3)( a ) and ( b ) and (4)( b ) include — ( a ) the closure or cordoning off of the premises on which the modification works are being carried out; and ( b ) the dismantling of any part of the amusement ride on which the modification works have been or are being carried out. (6) In addition to the powers exercisable by him or her under subsection (3) or (4), the Commissioner may, if he or she thinks it necessary for securing the cessation of any modification works being carried out in contravention of subsection (1), seize and detain — ( a ) any machinery, equipment or plant connected or used in connection with the amusement ride being modified or with the modification works relating thereto; or ( b ) any component that has been or is to be incorporated into the amusement ride in connection with the modification works. (7) Section 51(2) applies to any item seized and detained under subsection (6).


document_id: arsa-2011
provision_ref: s24
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 24
title: Application for and issue of modification permit
content:
24. —(1) An application for a modification permit must — ( a ) be made to the Commissioner in such form and manner as the Commissioner may require; ( b ) be submitted to the Commissioner together with such documents and particulars as the Commissioner may require; and ( c ) be accompanied by the prescribed fee. (2) A person who wishes to obtain a modification permit must, before making an application under subsection (1) — ( a ) appoint a qualified person to — (i) review the design and specifications and the proposed modification method and programme of the major modification of the amusement ride and certify that they conform to the prescribed requirements; (ii) supervise the modification works; and (iii) inspect and certify the amusement ride under section 30 upon the completion of its major modification, for which purpose either the same qualified person may be appointed to carry out all of the functions mentioned in sub‑paragraphs (i), (ii) and (iii), or a different qualified person may be appointed to carry out each of those functions; ( b ) where applicable, apply, in accordance with section 5 or 5A of the Building Control Act 1989, to the Commissioner of Building Control for approval of the plans of any building works relating to any building which forms part of the amusement ride to be modified or to which the amusement ride is connected, or (as the case may be) ensure that the conditions in section 5AA(2) of that Act are satisfied in relation to such plans; and [Act 23 of 2023 wef 18/12/2023] ( c ) apply, in accordance with section 36, to the Commissioner of Civil Defence for approval of the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified. (3) Upon receiving an application under subsection (1) and the accompanying documents and particulars, the Commissioner may — ( a ) subject to subsection (4), issue a modification permit to the applicant — (i) in such form or manner as the Commissioner may determine; and (ii) subject to such conditions as the Commissioner thinks fit to impose; ( b ) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to — (i) make such alterations or amendments as the Commissioner may require to either or both the design and specifications and the proposed modification method and programme of the major modification; (ii) take such measures as the Commissioner may specify for the purpose of ensuring that the modification works will conform to the prescribed requirements; and (iii) resubmit the application for the modification permit upon having made those alterations or amendments or taken those measures; or ( c ) refuse to issue the modification permit, in which case the Commissioner must, if requested to do so by the applicant, state in writing the reasons for the refusal. (4) The Commissioner must not issue a modification permit unless the Commissioner is satisfied that — ( a ) the applicant — (i) is a fit and appropriate person to be issued a modification permit; and (ii) satisfies the prescribed requirements; ( b ) the design and specifications and the proposed modification method and programme of the major modification have been reviewed in accordance with section 46 by a qualified person appointed by the applicant under subsection (2)( a )(i) and certified by the qualified person as conforming to the prescribed requirements; ( c ) where applicable, the plans of any building works relating to any building which forms part of the amusement ride to be modified, or to which the amusement ride is to be connected, have been approved or deemed approved by the Commissioner of Building Control under section 5, 5A or 5AA of the Building Control Act 1989; [Act 23 of 2023 wef 18/12/2023] ( d ) the design and plans of the fire and rescue management system of the amusement ride as proposed to be modified have been approved by the Commissioner of Civil Defence under section 36(3)( a ); and ( e ) the modification works will be carried out under the supervision of a qualified person appointed by the applicant under subsection (2)( a )(ii) (whether or not the qualified person is the same qualified person mentioned in paragraph ( b ) or a different qualified person). (5) If any direction given by the Commissioner under subsection (3)( b ) is not complied with within the time specified in the direction, or such further period as the Commissioner may allow, the Commissioner may dismiss the application.


document_id: arsa-2011
provision_ref: s25
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 25
title: Carrying out of modification works
content:
25. —(1) The holder of a modification permit must ensure that no modification works are carried out except under the supervision of a qualified person. (2) It is the duty of — ( a ) the holder of a modification permit; ( b ) any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; and ( c ) the qualified person supervising the modification works, to ensure that the modification works are at all times carried out in accordance with — ( d ) the design and specifications and the proposed modification method and programme, as authorised by the modification permit; ( e ) the conditions of the modification permit; ( f ) the prescribed requirements; and ( g ) any direction given by the Commissioner in respect of the modification works. (3) Where, in relation to any modification works or part thereof, the Commissioner is of the opinion that — ( a ) any requirement under subsection (1) or (2) has not been or is not being complied with; or ( b ) the modification works are dangerous or liable to pose a danger to persons who are employed in connection with the modification works, or who are using or operating, or in the vicinity of, the amusement ride being modified, the Commissioner may, without revoking or suspending the modification permit under section 29, direct the holder of the modification permit or the person directly engaged in carrying out the modification works to — ( c ) cease the modification works or part thereof, either immediately or within such time as may be specified by the Commissioner; and ( d ) where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require, and the modification works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner. (4) The Commissioner may, upon an application made by the holder of the modification permit in such form and manner as the Commissioner may require, grant his or her consent for the modification works or any part thereof to resume if he or she is satisfied that any such modification works or part thereof, if allowed to resume — ( a ) will comply with the requirements under subsections (1) and (2); and ( b ) will not pose a danger to any person. (5) The holder of a modification permit who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the holder of the modification permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. (6) Any person to whom subsection (2) applies who contravenes that subsection shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction. (7) Any person who is directly engaged in the carrying out of any modification works and who, in carrying out those modification works, deviates or permits or authorises any deviation, in any material way from the design and specifications or the proposed modification method and programme authorised by the modification permit, shall, unless that deviation has been submitted to and approved by the Commissioner in accordance with the regulations, be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (8) Where a person to whom a direction has been given by the Commissioner under subsection (3) — ( a ) fails to comply with the direction; or ( b ) resumes the modification works without the written consent of the Commissioner, that person 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 6 months or to both.


document_id: arsa-2011
provision_ref: s26
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 26
title: Duty to notify Commissioner of contravention of Act in relation to modification works
content:
26. —(1) If — ( a ) the holder of a modification permit; ( b ) any person who is directly engaged in the carrying out of the modification works authorised by the modification permit; or ( c ) the qualified person supervising the modification works, knows or ought reasonably to know of any contravention of this Act relating to the carrying out of the modification works, it is the duty of that person to notify the Commissioner, as soon as practicable, of the contravention. (2) Any person to whom subsection (1) applies who contravenes that subsection 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 3 months or to both. (3) It is a defence in any prosecution for a contravention of subsection (1) for the person charged to prove to the satisfaction of the court that the person did not know and could not reasonably have discovered the contravention referred to in the charge.


document_id: arsa-2011
provision_ref: s27
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 27
title: Alteration of conditions of modification permit
content:
27. —(1) The Commissioner may — ( a ) on his or her own volition; or ( b ) on an application made by the holder of a modification permit, at any time alter (whether by adding to, varying or revoking) the conditions of a modification permit. (2) Before the Commissioner alters the conditions of a modification permit on his or her own volition under subsection (1)( a ), the Commissioner must give written notice to the holder of the modification permit — ( a ) stating that the Commissioner proposes to alter the conditions of the modification permit in the manner specified in the notice; and ( b ) specifying the time (being not less than 14 days from the date the notice is served on the holder of the modification permit) within which written representations with respect to the proposed alteration of conditions may be made. (3) Upon receiving any written representation mentioned in subsection (2)( b ), the Commissioner must consider the representation and may reject the representation or amend the proposed alteration of conditions in accordance with the representation and, in either event, must thereupon issue a written direction to the holder of the modification permit — ( a ) specifying the alteration made to the conditions of the modification permit; and ( b ) requiring the holder of the modification permit to comply with the altered conditions of the modification permit as from the date specified in the direction. (4) An application under subsection (1)( b ) to alter the conditions of a modification permit must be made to the Commissioner in such form and manner as the Commissioner may require and must — ( a ) specify the alteration required by the applicant and the reasons therefor; and ( b ) be accompanied by — (i) such documents and particulars as the Commissioner may require; and (ii) the prescribed fee. (5) Where the Commissioner decides to alter the conditions of a modification permit pursuant to an application made under subsection (1)( b ), the Commissioner must issue a written direction to the holder of the modification permit — ( a ) specifying the alteration made to the conditions of the modification permit; and ( b ) requiring the holder of the modification permit to comply with the altered conditions of the modification permit as from the date specified in the direction.


document_id: arsa-2011
provision_ref: s28
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 28
title: Modification permit not transferable
content:
28. A modification permit is not transferable by its holder to any other person, and any such purported transfer of any modification permit is void.


document_id: arsa-2011
provision_ref: s29
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 29
title: Lapsing, revocation and suspension of modification permit
content:
29. —(1) A modification permit automatically lapses — ( a ) if the holder of the modification permit — (i) dies, is wound up or otherwise dissolved, whether in Singapore or elsewhere; or (ii) ceases to be the person carrying out the modification works or for whom the modification works are to be carried out, as the case may be; ( b ) if the qualified person appointed by the holder of the modification permit under section 24(2)( a )(ii) to supervise the modification works has vacated his or her appointment and the holder of the modification permit has failed to appoint a substitute qualified person to supervise the modification works and to notify the Commissioner of the substitute appointment in accordance with section 44(1)( b )(i) and (ii); or ( c ) in the event of such other occurrence or in such other circumstances as may be prescribed. (2) The Commissioner may revoke a modification permit if — ( a ) the modification works authorised by the modification permit, having commenced, are suspended for a continuous period of more than 3 months; ( b ) in the Commissioner’s opinion, the holder of the modification permit has contravened or is contravening, or the modification works authorised by the modification permit have been or are being carried out in a manner which contravenes — (i) any condition of the modification permit; (ii) any prescribed requirement; or (iii) any direction given by the Commissioner in respect of the modification works; ( c ) the Commissioner has reason to believe that the modification permit had been obtained by fraud or misrepresentation; ( d ) the Commissioner becomes aware of any circumstance that would have required or permitted him or her to refuse to issue the modification permit had the Commissioner been aware of the circumstance immediately before issuing the modification permit; or ( e ) the Commissioner considers it in the public interest to revoke the modification permit. (3) The Commissioner may, if he or she considers it desirable to do so — ( a ) suspend a modification permit for a specific period instead of revoking it under subsection (2); and ( b ) at any time extend or rescind the suspension. (4) Subject to subsection (5), the Commissioner must not revoke or suspend a modification permit under subsection (2) or (3) without giving the holder of the modification permit an opportunity to be heard in accordance with the prescribed procedure. (5) The Commissioner may revoke or suspend a modification permit without giving the holder of the modification permit an opportunity to be heard if — ( a ) the holder of the modification permit — (i) has been declared bankrupt or has gone into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction; or (ii) is in the course of being wound up or otherwise dissolved, whether in Singapore or elsewhere; ( b ) a receiver, a receiver and manager or an equivalent person has been appointed, whether in Singapore or elsewhere, in relation to or in respect of any property of the holder of the modification permit; or ( c ) the holder of the modification permit has been convicted — (i) of an offence under this Act; or (ii) whether in Singapore or elsewhere, of an offence involving fraud or dishonesty or the conviction for which involved a finding that the holder of the modification permit had acted fraudulently or dishonestly.


document_id: arsa-2011
provision_ref: s30
chapter: PART 4 - MAJOR MODIFICATION OF AMUSEMENT RIDES
section: 30
title: Inspection and certification of amusement ride after major modification
content:
30. Upon the completion of the major modification of an amusement ride — ( a ) the qualified person appointed by the holder of the modification permit under section 24(2)( a )(iii) must, in accordance with section 46, inspect the amusement ride and issue a certificate stating that, in the qualified person’s opinion — (i) the modification works have been properly carried out in accordance with — (A) the design and specifications and the proposed modification method and programme, as authorised by the modification permit; (B) the conditions of the modification permit; (C) the prescribed requirements; and (D) any direction given by the Commissioner in respect of the modification works; and (ii) the amusement ride, as modified — (A) conforms to the prescribed requirements; and (B) is in a safe working condition and fit for operation; and ( b ) the holder of the modification permit must, in accordance with section 36, apply to and obtain from the Commissioner of Civil Defence a certificate of compliance in respect of the fire and rescue management system of the amusement ride as so modified.


document_id: arsa-2011
provision_ref: s31
chapter: PART 5 - MAINTENANCE, REPAIR, MINOR MODIFICATION
section: 31
title: Amusement ride to be maintained in safe condition
content:
31. —(1) It is the duty of the person responsible for an amusement ride — ( a ) to ensure that the amusement ride is at all times maintained in a state of good repair and in a safe working condition; and ( b ) to comply with such directions as the Commissioner may give concerning the maintenance and safety of the amusement ride. (2) If the person responsible for an amusement ride contravenes subsection (1), that person shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.


document_id: arsa-2011
provision_ref: s32
chapter: PART 5 - MAINTENANCE, REPAIR, MINOR MODIFICATION
section: 32
title: Commissioner may require repairs and modifications to amusement ride
content:
32. —(1) The Commissioner may by written notice require the person responsible for an amusement ride — ( a ) to carry out, at the expense of that person and within the time specified in the notice, any repairs or modifications to the amusement ride that the Commissioner considers necessary for — (i) the proper maintenance of the amusement ride; and (ii) the safety of persons who are using or operating, or in the vicinity of, the amusement ride; and ( b ) if the Commissioner thinks necessary, to close or cordon off the amusement ride until all those repairs and modifications to the amusement ride have been completed to the Commissioner’s satisfaction. (2) Where at any time there exists, in the Commissioner’s opinion, any circumstance requiring the immediate putting into effect of any repairs or modifications mentioned in subsection (1) in respect of an amusement ride, the Commissioner may by written notice order the immediate closure or cordoning off of the amusement ride and the prohibition of its use by members of the public until all those repairs and modifications have been completed to his or her satisfaction. (3) If a person responsible for an amusement ride fails to comply with a notice given to the person under subsection (1) or (2), the person shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the failure to comply continues, and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the failure to comply continues after conviction.


document_id: arsa-2011
provision_ref: s33
chapter: PART 5 - MAINTENANCE, REPAIR, MINOR MODIFICATION
section: 33
title: Duty to notify Commissioner of minor modification of amusement ride
content:
33. —(1) Where any minor modification is to be carried out on any amusement ride, the person responsible for the amusement ride must give the Commissioner written notice of the intended minor modification — ( a ) in such form and manner as the Commissioner may require; and ( b ) of not less than one month (or such shorter period as the Commissioner may allow in any particular case) before the date on which the modification works are to commence. (2) Upon receiving a notice under subsection (1), the Commissioner may, by written notice — ( a ) require the person responsible for the amusement ride to provide, within the time specified in the notice, such further information concerning the minor modification as the Commissioner may specify before commencing the modification works; ( b ) impose any conditions or give any directions that the Commissioner thinks fit subject to which the modification works are to be carried out; or ( c ) if the Commissioner is of the opinion that the modification works amount to a major modification of the amusement ride, prohibit the commencement of the modification works and direct the person responsible for the amusement ride to apply for a modification permit instead. (3) If any person responsible for an amusement ride — ( a ) contravenes subsection (1); or ( b ) fails to comply with any requirement of the Commissioner under subsection (2)( a ) or with any condition, direction or prohibition that is imposed, given or made by the Commissioner under subsection (2)( b ) or ( c ), as the case may be, the person shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( d ) in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the contravention or failure to comply continues, and if the contravention or failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention or failure to comply continues after conviction.


document_id: arsa-2011
provision_ref: s34
chapter: PART 5 - MAINTENANCE, REPAIR, MINOR MODIFICATION
section: 34
title: Relocation of amusement ride
content:
34. —(1) The holder of an operating permit in respect of an amusement ride that is capable of being relocated must not relocate or cause that amusement ride to be relocated unless the holder of the operating permit has given the Commissioner written notice of his, her or its intention to so relocate the amusement ride — ( a ) in such form and manner as the Commissioner may require; and ( b ) of not less than the prescribed period before the date on which the relocation is to be carried out. (2) Upon receiving a notice under subsection (1), the Commissioner may, by written notice — ( a ) require the holder of the operating permit to provide, within the time specified in the notice, such further information concerning the relocation of the amusement ride as the Commissioner may specify before the relocation works are carried out; ( b ) impose any conditions or give any directions that the Commissioner thinks fit subject to which the relocation works are to be carried out; or ( c ) if the Commissioner is of the opinion that the premises to which the amusement ride is to be relocated are unsafe or unsuitable for the operation of the amusement ride, prohibit the relocation of the amusement ride. (3) If the holder of the operating permit — ( a ) contravenes subsection (1); or ( b ) fails to comply with any requirement of the Commissioner under subsection (2)( a ) or with any condition, direction or prohibition that is imposed, given or made by the Commissioner under subsection (2)( b ) or ( c ), as the case may be, the holder of the operating permit shall be guilty of an offence and shall be liable on conviction — ( c ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( d ) in respect of a continuing contravention or failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the contravention or failure to comply continues, and if the contravention or failure to comply continues after the conviction, the holder of the operating permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention or failure to comply continues after conviction. (4) The holder of the operating permit must ensure that no relocation works are carried out in respect of an amusement ride except under the supervision of — ( a ) the ride manager of the amusement ride; or ( b ) in the case of a major amusement ride, a qualified person. (5) It is the duty of — ( a ) the holder of the operating permit; ( b ) any person who is directly engaged in the carrying out of the relocation works; and ( c ) the ride manager or qualified person (as the case may be) supervising the relocation works, to ensure that the relocation works are at all times carried out in accordance with — ( d ) where applicable, the design and specifications and the proposed installation method and programme, as authorised by the installation permit that has been issued in respect of the amusement ride; ( e ) the prescribed requirements; and ( f ) any condition imposed or direction given by the Commissioner under subsection (2) in respect of the relocation works. (6) Where, in relation to the relocation of an amusement ride, the Commissioner is of the opinion that — ( a ) any requirement under subsection (4) or (5) has not been or is not being complied with; or ( b ) the relocation works are dangerous or liable to pose a danger to persons who are employed in connection with the relocation works, or who are using or operating, or in the vicinity of, the amusement ride, the Commissioner may direct the holder of the operating permit in respect of the amusement ride or the person directly engaged in carrying out the relocation works to — ( c ) cease the relocation works or part thereof, either immediately or within such time as may be specified by the Commissioner; and ( d ) where necessary, take, at the expense of the person to whom the direction is given, such remedial measures as the Commissioner may require, and those relocation works or part thereof (as the case may be) must not be resumed without the written consent of the Commissioner. (7) The Commissioner may, upon an application made by the holder of the operating permit in such form and manner as the Commissioner may require, grant his or her consent for the relocation works or any part thereof to resume if he or she is satisfied that any such relocation works or part thereof, if allowed to resume — ( a ) will comply with the requirements under subsections (4) and (5); and ( b ) will not pose a danger to any person. (8) Upon the completion of the relocation of an amusement ride — ( a ) the ride manager or qualified person who supervised the relocation works must inspect the amusement ride and issue a certificate stating that, in the opinion of the ride manager or qualified person, as the case may be — (i) the relocation works have been properly carried out in accordance with — (A) where applicable, the design and specifications and the proposed installation method and programme, as authorised by the installation permit that has been issued in respect of the amusement ride; (B) the prescribed requirements; and (C) any condition imposed or direction given by the Commissioner under subsection (2) in respect of the relocation works; and (ii) the amusement ride, as relocated — (A) conforms to the prescribed requirements; and (B) is in a safe working condition and fit for operation; and ( b ) the holder of the operating permit — (i) must, in the case only of a major amusement ride, apply to and obtain from the Commissioner of Civil Defence, in accordance with section 36, a certificate of compliance in respect of the fire and rescue management system of the amusement ride; and (ii) must not, in any case, resume operation of the amusement ride unless the holder of the operating permit has, in accordance with the prescribed requirements, submitted to the Commissioner the certificate issued by the ride manager or qualified person (as the case may be) under paragraph ( a ). (9) Where — ( a ) a person to whom the Commissioner has given a direction under subsection (6) — (i) fails to comply with the direction; or (ii) resumes the relocation works without the written consent of the Commissioner; or ( b ) the holder of an operating permit, in contravention of subsection (8)( b )(ii), resumes the operation of an amusement ride without the written consent of the Commissioner, the person or the holder of the operating permit (as the case may be) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both.


document_id: arsa-2011
provision_ref: s35
chapter: PART 5 - MAINTENANCE, REPAIR, MINOR MODIFICATION
section: 35
title: Closure or cordoning off of amusement ride for safety reasons
content:
35. —(1) The person responsible for an amusement ride must wholly or partially close or cordon off the amusement ride whenever such action appears reasonably necessary — ( a ) for the safety of persons who are using or operating, or in the vicinity of, the amusement ride; or ( b ) in the case of the occurrence of any adverse incident in respect of the amusement ride. (2) The person responsible for an amusement ride must, as soon as practicable, notify the Commissioner (in such form and manner as the Commissioner may require) of any closure or cordoning off of the amusement ride under subsection (1). (3) If a person responsible for an amusement ride contravenes subsection (1), the person 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 6 months or to both. (4) If a person responsible for an amusement ride contravenes subsection (2), the person 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 3 months or to both.


document_id: arsa-2011
provision_ref: s36
chapter: PART 6 - APPROVAL AND CERTIFICATION OF
section: 36
title: Application for approval and certification of fire and rescue management system
content:
36. —(1) An application for — ( a ) the approval of the design and plans of the fire and rescue management system of an amusement ride that is to be installed or undergo a major modification; or ( b ) a certificate of compliance in respect of the fire and rescue management system of an amusement ride, must be made to the Commissioner of Civil Defence in such form and manner as the Commissioner of Civil Defence may require. (2) An application under subsection (1) must — ( a ) be submitted to the Commissioner of Civil Defence together with such documents and particulars as the Commissioner of Civil Defence may require; and ( b ) be accompanied by the prescribed fee. (3) Upon receiving an application under subsection (1)( a ) and the accompanying documents and particulars, the Commissioner of Civil Defence may — ( a ) if satisfied that the fire and rescue management system as shown in the design and plans are adequate and workable, grant the approval applied for — (i) in such form or manner and for such duration as the Commissioner of Civil Defence may determine; and (ii) subject to such conditions as the Commissioner of Civil Defence thinks fit to impose; ( b ) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to — (i) make such alterations or amendments as the Commissioner of Civil Defence may require to the design and plans of the fire and rescue management system; (ii) take such measures as the Commissioner of Civil Defence may specify for the purpose of ensuring that the fire and rescue management system will comply with such requirements (if any) as may be prescribed under section 38; and (iii) resubmit the application for the approval upon having made those alterations or amendments or taken those measures; or ( c ) refuse to grant the approval, in which case the Commissioner of Civil Defence must, if requested to do so by the applicant, state in writing the reasons for the refusal. (4) Upon receiving an application under subsection (1)( b ) and the accompanying documents and particulars, the Commissioner of Civil Defence may inspect the fire and rescue management system of the amusement ride in respect of which the application has been made, and thereafter — ( a ) if satisfied that the fire and rescue management system — (i) accords with the design and plans in respect of which an approval has been granted under subsection (3)( a ), where applicable; (ii) complies with such requirements (if any) as may be prescribed under section 38; and (iii) is adequate and workable, issue the certificate of compliance applied for — (iv) in such form or manner and for such duration as the Commissioner of Civil Defence may determine; and (v) subject to such conditions as the Commissioner of Civil Defence thinks fit to impose; ( b ) in writing direct the applicant, at the applicant’s own expense and within the time specified in the direction, to — (i) make such modifications as the Commissioner of Civil Defence may require to the fire and rescue management system; (ii) take such measures as the Commissioner of Civil Defence may specify for the purpose of ensuring that the fire and rescue management system will comply with such requirements (if any) as may be prescribed under section 38; and (iii) resubmit the application for the certificate of compliance upon having made those modifications or taken those measures; or ( c ) refuse to grant the certificate of compliance, in which case the Commissioner of Civil Defence must, if requested to do so by the applicant, state in writing the reasons for the refusal. (5) If any direction given by the Commissioner of Civil Defence under subsection (3)( b ) or (4)( b ) is not complied with within the time specified in the direction, or such further period as may be allowed by the Commissioner of Civil Defence in any particular case, the Commissioner of Civil Defence may dismiss the application.


document_id: arsa-2011
provision_ref: s37
chapter: PART 6 - APPROVAL AND CERTIFICATION OF
section: 37
title: Withdrawal of approval or certificate of compliance
content:
37. —(1) The Commissioner of Civil Defence may at any time withdraw any approval granted under section 36(3)( a ) or any certificate of compliance if — ( a ) in the opinion of the Commissioner of Civil Defence — (i) the person to whom the approval has been granted or the certificate of compliance issued has failed to comply with any condition of the approval or certificate of compliance; or (ii) the fire and rescue management system in respect of which the approval has been granted or the certificate of compliance issued no longer complies with any of the conditions of the approval or certificate of compliance (as the case may be) or any requirement prescribed under section 38; ( b ) the Commissioner of Civil Defence has reason to believe that the approval or certificate of compliance had been obtained by fraud or misrepresentation; or ( c ) the Commissioner of Civil Defence becomes aware of any circumstance that would have required or permitted him or her to refuse to grant the approval or issue the certificate of compliance had the Commissioner of Civil Defence been aware of the circumstance immediately before granting the approval or issuing the certificate of compliance. (2) The Commissioner of Civil Defence must not exercise his or her power under subsection (1) to withdraw any approval granted under section 36(3)( a ) or any certificate of compliance without giving the person to whom the approval has been granted or the certificate of compliance issued an opportunity to be heard in accordance with the prescribed procedure.


document_id: arsa-2011
provision_ref: s38
chapter: PART 6 - APPROVAL AND CERTIFICATION OF
section: 38
title: Regulations for purposes of this Part
content:
38. The Minister may, after consultation with the Commissioner of Civil Defence, make such regulations as he or she may consider necessary or expedient for giving effect to this Part and, in particular, may make regulations — ( a ) relating to the making of applications under this Part; and ( b ) prescribing — (i) the requirements with which the fire and rescue management system of an amusement ride must comply; (ii) the procedure (including the carrying out of any inspection) for the renewal of any approval granted under section 36(3)( a ) or any certificate of compliance; (iii) the fees payable for the purposes of this Part; and (iv) any other matters which are required to be prescribed for the purpose of this Part.


document_id: arsa-2011
provision_ref: s39
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 39
title: Qualified person to be independent
content:
39. —(1) A person must not, for the purposes of this Act, appoint any qualified person to — ( a ) review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride; ( b ) supervise any installation works, modification works or relocation works; ( c ) inspect or certify any amusement ride; or ( d ) carry out any other function in respect of any amusement ride, if the person knows or ought reasonably to know that the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride. (2) A qualified person must not, for the purposes of this Act — ( a ) review or certify any design and specifications, proposed installation method and programme or proposed modification method and programme in respect of any amusement ride; ( b ) supervise any installation works, modification works or relocation works; ( c ) inspect or certify any amusement ride; or ( d ) carry out any other function in respect of any amusement ride, if the qualified person has any professional or financial interest in the amusement ride or the operation thereof, or in the installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride. (3) A qualified person is regarded as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride if — ( a ) the qualified person is or has, in any capacity, been responsible for, or is or has acted as a consultant in, the preparation of the design and specifications, proposed installation method and programme or proposed modification method and programme in respect of the amusement ride; ( b ) the qualified person, or any nominee of the qualified person, is a member, an officer or an employee of any company or other body which has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride; ( c ) the qualified person is a partner of, or is in the employment of, a person who has a professional or financial interest in the amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride; or ( d ) the qualified person holds any interest in the amusement ride or any part thereof. (4) For the purposes of this section — ( a ) a person is treated as having a professional or financial interest in an amusement ride or the operation thereof, or in any installation works, modification works or relocation works that are being or are to be carried out in respect of the amusement ride, even if the person has that interest only as trustee for the benefit of some other person; and ( b ) in the case of a husband and wife living together, the interest of one spouse is, if known to the other, deemed to be also an interest of the other. (5) For the purposes of this section — ( a ) the carrying out of any function under this Act as a qualified person; and ( b ) the entitlement to any fee paid for carrying out any such function, is not by itself regarded as constituting a professional or financial interest. (6) 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 $50,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: arsa-2011
provision_ref: s40
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 40
title: Qualified person vacating appointment before issue of installation permit
content:
40. —(1) If, at any time while an application for an installation permit is pending before the Commissioner, the qualified person appointed under section 6(2)( a )(i) by the applicant for the installation permit should for any reason vacate his or her appointment — ( a ) both the applicant for the installation permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; ( b ) the applicant for the installation permit must — (i) within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment; and ( c ) the Commissioner must not consider the application for the installation permit until — (i) the applicant for the installation permit has, pursuant to paragraph ( b ), appointed a substitute qualified person and notified the Commissioner of the appointment; and (ii) the substitute qualified person has, in accordance with section 46 — (A) reviewed the design and specifications and the proposed installation method and programme of the amusement ride to be installed; and (B) issued a certificate stating that, in the opinion of the substitute qualified person, the design and specifications and the proposed installation method and programme of the amusement ride conform to the prescribed requirements. (2) Any person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b )(ii) shall be guilty of an offence.


document_id: arsa-2011
provision_ref: s41
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 41
title: Qualified person vacating appointment during installation works
content:
41. —(1) If the qualified person appointed under section 6(2)( a )(ii) by the holder of an installation permit to supervise the carrying out of any installation works should for any reason vacate his or her appointment while the installation works are still in progress — ( a ) both the holder of the installation permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and ( b ) the holder of the installation permit must — (i) within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment; and (iii) ensure that the installation works are ceased until the holder of the installation permit has complied with sub‑paragraphs (i) and (ii). (2) Any person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b )(ii) shall be guilty of an offence. (3) If the holder of an installation permit contravenes subsection (1)( b )(iii), the holder of the installation permit shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the holder of the installation permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.


document_id: arsa-2011
provision_ref: s42
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 42
title:
Qualified person vacating appointment before inspection or certification of amusement ride under section 12

content:
42. —(1) If the qualified person appointed under section 6(2)( a )(iii) by the holder of an installation permit to inspect and certify an amusement ride under section 12 upon the completion of its installation should for any reason vacate his or her appointment before carrying out or completing the inspection or certification — ( a ) both the holder of the installation permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and ( b ) the holder of the installation permit must — (i) within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment. (2) Any person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b )(ii) shall be guilty of an offence.


document_id: arsa-2011
provision_ref: s43
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 43
title: Qualified person vacating appointment before issue of modification permit
content:
43. —(1) If, at any time while an application for a modification permit is pending before the Commissioner, the qualified person appointed under section 24(2)( a )(i) by the applicant for the modification permit should for any reason vacate his or her appointment — ( a ) both the applicant for the modification permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; ( b ) the applicant for the modification permit must — (i) within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment; and ( c ) the Commissioner must not consider the application for the modification permit until — (i) the applicant for the modification permit has, pursuant to paragraph ( b ), appointed a substitute qualified person and notified the Commissioner of the appointment; and (ii) the substitute qualified person has, in accordance with section 46 — (A) reviewed the design and specifications and the proposed modification method and programme of the major modification of the amusement ride; and (B) issued a certificate stating that, in the opinion of the substitute qualified person, the design and specifications and the proposed modification method and programme of the major modification of the amusement ride conform to the prescribed requirements. (2) Any person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b )(ii) shall be guilty of an offence.


document_id: arsa-2011
provision_ref: s44
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 44
title: Qualified person vacating appointment during modification works
content:
44. —(1) If the qualified person appointed under section 24(2)( a )(ii) by the holder of a modification permit to supervise the carrying out of any modification works should for any reason vacate his or her appointment while the modification works are still in progress — ( a ) both the holder of the modification permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and ( b ) the holder of the modification permit must — (i) within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment; and (iii) ensure that the modification works are ceased until the holder of the modification permit has complied with sub‑paragraphs (i) and (ii). (2) Any person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b )(ii) shall be guilty of an offence. (3) If the holder of a modification permit contravenes subsection (1)( b )(iii), the holder of the modification permit shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the holder of the modification permit shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.


document_id: arsa-2011
provision_ref: s45
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 45
title:
Qualified person vacating appointment before inspection or certification of amusement ride under section 30

content:
45. —(1) If the qualified person appointed under section 24(2)( a )(iii) by the holder of a modification permit to inspect and certify an amusement ride under section 30 upon the completion of its major modification should for any reason vacate his or her appointment before carrying out or completing the inspection or certification — ( a ) both the holder of the modification permit and the qualified person must each, within 14 days after the vacation of the appointment, notify the Commissioner of that fact; and ( b ) the holder of the modification permit must — (i) within such time as may be allowed by the Commissioner, appoint another qualified person to substitute for the qualified person who has vacated his or her appointment; and (ii) within 7 days thereafter, notify the Commissioner of that substitute appointment. (2) Any person who, without reasonable excuse, contravenes subsection (1)( a ) or ( b )(ii) shall be guilty of an offence.


document_id: arsa-2011
provision_ref: s46
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 46
title: Standard of skill, care and diligence to be exercised by qualified persons
content:
46. —(1) Subject to subsection (2), every qualified person appointed for the purposes of this Act to — ( a ) review and certify — (i) the design and specifications and the proposed installation method and programme of an amusement ride; or (ii) the design and specifications and the proposed modification method and programme of the major modification of an amusement ride; ( b ) supervise any installation works, modification works or relocation works; ( c ) inspect and certify any amusement ride; or ( d ) carry out any other function under this Act in respect of an amusement ride, must, when carrying out that function, exercise the standard of skill, care and diligence that could reasonably be expected to be exercised by a specialist professional engineer having the requisite specialised knowledge and experience in carrying out functions of a similar nature, scope and complexity. (2) Except as otherwise provided by subsections (3) and (5), a qualified person must appoint and consider the opinion and advice of a conformity assessor for the purpose of — ( a ) reviewing and certifying — (i) the design and specifications and the proposed installation method and programme of a major amusement ride; or (ii) the design and specifications and the proposed modification method and programme of the major modification of a major amusement ride; ( b ) supervising any installation works or modification works in respect of a major amusement ride; ( c ) inspecting and certifying any major amusement ride; or ( d ) carrying out any other function under this Act in respect of a major amusement ride. (3) The Commissioner may, on the application of a qualified person, waive the requirement for the qualified person to consult and consider the opinion and advice of a conformity assessor as required under subsection (2) if the Commissioner is satisfied that the qualified person has the requisite qualifications, skill, expertise and experience to carry out the functions mentioned in that subsection without the assistance of a conformity assessor. (4) A qualified person who fails to comply with subsection (2) does not commit an offence, but — ( a ) the Commissioner may refuse to accept any certificate issued by the qualified person in respect of any major amusement ride for the purposes of any provision of this Act unless the Commissioner has granted a waiver to the qualified person under subsection (3); and ( b ) in any proceedings under this Act in which the question arises as to whether the qualified person has or has not exercised the standard of skill, care and diligence required of him or her, the failure of the qualified person to comply with subsection (2) is to be taken into consideration in the determination of that question. (5) Subsection (2) does not apply to a qualified person for the purposes of section 34(4)( b ) or (8)( a ).


document_id: arsa-2011
provision_ref: s47
chapter: PART 7 - PROVISIONS RELATING TO QUALIFIED PERSONS
section: 47
title: Other general duties of qualified persons
content:
47. —(1) Every qualified person who is appointed to carry out any function under this Act in respect of an amusement ride must — ( a ) whenever required by the Commissioner, submit to the Commissioner in such form and manner and within such time as the Commissioner may allow such information and reports as may be prescribed or otherwise specified by the Commissioner concerning the amusement ride or any installation works, modification works or relocation works that are being or are to be carried out thereto; ( b ) notify the Commissioner if any such installation works or modification works (as the case may be) have been suspended for a period of more than 3 months; and ( c ) comply with such other duties as may be prescribed. (2) Any qualified person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction — ( a ) to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both; and ( b ) in respect of a continuing contravention, to an additional fine not exceeding $500 for each day or part of a day during which the contravention continues, and if the contravention continues after the conviction, the qualified person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the contravention continues after conviction.


document_id: arsa-2011
provision_ref: s48
chapter: PART 8 - ENFORCEMENT
section: 48
title: Provision of information
content:
48. —(1) The Commissioner or an enforcement officer may, for the purposes of — ( a ) conducting an investigation into — (i) any offence or suspected offence under this Act; or (ii) any adverse incident that has occurred in respect of an amusement ride; or ( b ) otherwise discharging his or her functions under this Act, by written notice require any person who appears to the Commissioner or enforcement officer to be acquainted with the facts or circumstances of the case under investigation or with the facts or circumstances relating to the installation, operation, major or minor modification, relocation, maintenance or repair of an amusement ride (as the case may be) to provide to the Commissioner or enforcement officer, within such time as may be specified in the notice, any information or document which the person knows or has in the person’s possession or which the person is in a position to obtain regarding the case under investigation or the amusement ride to which the notice relates. (2) Any person who fails to comply with a notice given to the person by the Commissioner or an enforcement officer under subsection (1) 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 3 months or to both. (3) It is a defence for a person charged with an offence under subsection (2) to prove that the person did not know or have, and could not with reasonable diligence have ascertained or obtained, the information or document required.


document_id: arsa-2011
provision_ref: s49
chapter: PART 8 - ENFORCEMENT
section: 49
title: Misrepresentation
content:
49. —(1) Any person who, for the purposes of obtaining any permit, consent, certificate, approval, direction or other decision from the Commissioner under this Act, or who, in purported compliance with any provision of this Act — ( a ) provides the Commissioner or an enforcement officer with any particulars or information which the person knows is false or misleading; or ( b ) submits to the Commissioner or an enforcement officer any declaration, certificate, report, record, notice or other document which — (i) contains any statement which the person knows to be false in a material particular or to have been recklessly made; (ii) has not been made by the person by whom it is purported to have been made; or (iii) has been in any way altered or tampered with, shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both. (2) In this section, a reference to the Commissioner includes a reference to the Commissioner of Civil Defence.


document_id: arsa-2011
provision_ref: s50
chapter: PART 8 - ENFORCEMENT
section: 50
title: Power to enter and inspect premises
content:
50. —(1) The Commissioner or an enforcement officer may, at any time and without warrant, enter any premises and inspect any amusement ride that has been or is being installed, operated, modified or relocated on the premises, or any building that forms part of or is connected to such amusement ride, for the purpose of — ( a ) ascertaining whether there is, or has been, any contravention of this Act; ( b ) ascertaining whether any circumstances exist that would authorise the Commissioner or enforcement officer to take any action or execute any work under this Act; ( c ) taking any action or carrying out any work, authorised or required to be taken or carried out by this Act; ( d ) inspecting any record, book or other document kept and maintained, as required by this Act, in relation to the amusement ride or its installation, operation, modification or relocation; or ( e ) carrying out any investigation into any adverse incident that has occurred in respect of the amusement ride. (2) The owner of any premises mentioned in subsection (1) as well as the person responsible for the amusement ride on those premises (if that person is not the same person as the owner of those premises) must, without cost — ( a ) afford the Commissioner or an enforcement officer such facilities and assistance as the Commissioner or enforcement officer may reasonably require for the purposes of carrying out any inspection under subsection (1); and ( b ) produce for the inspection of the Commissioner or enforcement officer, or provide the Commissioner or enforcement officer with copies of, any record, book or other document as the Commissioner or enforcement officer may require for the purposes of subsection (1). (3) If any person to whom subsection (2) applies contravenes that subsection, that person shall be guilty of an offence.


document_id: arsa-2011
provision_ref: s51
chapter: PART 8 - ENFORCEMENT
section: 51
title: Seizure and detention of documents, components of amusement ride, etc.
content:
51. —(1) The Commissioner or an enforcement officer may, in the course of carrying out any inspection under section 50 — ( a ) seize and detain any record, book or other document which the Commissioner or enforcement officer has reasonable cause to believe to be a record, book or document which — (i) may be required for the purposes of enforcing this Act; or (ii) may contain evidence relating to the commission of any offence under this Act; and ( b ) dismantle and seize and detain — (i) any machinery, equipment or plant connected or used in connection with an amusement ride or with any installation works, modification works or relocation works; or (ii) any component of an amusement ride, if the Commissioner or enforcement officer has reason to believe that that machinery, equipment, plant or component does not comply with the prescribed requirements or has been or could have been the cause of the occurrence of any adverse incident in respect of the amusement ride. (2) Where any item has been seized under subsection (1) or any other provision of this Act — ( a ) the Commissioner or enforcement officer who seized the item must, as soon as practicable, give written notice of the seizure to the person from whom the item was seized, unless that person was present at the time of the seizure; ( b ) any person claiming the item seized may within 48 hours after the seizure complain of the seizure to a Magistrate, and the complaint may be heard and determined by the Magistrate who may — (i) confirm the seizure wholly or in part; (ii) disallow the seizure wholly or in part; (iii) order that the item seized be restored to its owner, subject to such condition as the Magistrate may think fit to impose to ensure that the item is preserved for any purpose for which it may subsequently be required; or (iv) order payment to be made to the owner of the item seized of an amount the Magistrate considers will compensate the owner for any loss or depreciation resulting from the seizure; ( c ) in the absence of any claim under paragraph ( b ) or pending the determination of any such claim, the item may be kept or stored in such place or premises as the Commissioner may direct; ( d ) the Commissioner or an enforcement officer may — (i) mark, seal or label the item in the manner that he or she thinks fit for the purpose of indicating that the item is under detention; and (ii) lock or seal the premises where the item is being detained; and ( e ) any person who, without the authority of the Commissioner or an enforcement officer — (i) interferes, removes or otherwise tampers with the item; (ii) alters, counterfeits, defaces, destroys, erases or removes any mark, seal or label placed by the Commissioner or enforcement officer on the item under paragraph ( d )(i); or (iii) opens, breaks or otherwise tampers with the lock or seal placed by the Commissioner or enforcement officer at the entrance to, or any other part of, any premises under paragraph ( d )(ii), 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 3 months or to both.


document_id: arsa-2011
provision_ref: s52
chapter: PART 8 - ENFORCEMENT
section: 52
title: Powers of arrest
content:
52. —(1) A police officer may arrest without warrant any person who has committed, or whom the police officer reasonably suspects to have committed, an offence under this Act if — ( a ) the person declines to give his or her name and address when required to do so by the police officer; ( b ) the person gives to the police officer an address that is outside Singapore; or ( c ) the police officer has reason to doubt the accuracy of the name or address given by that person. (2) A person arrested under subsection (1) may be detained until his or her name and address are correctly ascertained, except that the person so arrested must not be detained longer than is necessary for bringing him or her before a court unless the order of a court for his or her detention is obtained.


document_id: arsa-2011
provision_ref: s53
chapter: PART 8 - ENFORCEMENT
section: 53
title: Power to require dismantling of amusement ride in dangerous condition, etc.
content:
53. —(1) Where in the Commissioner’s opinion any amusement ride has been or is being installed, operated, modified or relocated in such a manner, or is in such a condition or state of disrepair, as to pose an imminent danger to persons who are using or operating, or in the vicinity of, the amusement ride, the Commissioner may do either or both of the following: ( a ) direct the holder of the installation permit, operating permit or modification permit (as the case may be) in respect of the amusement ride or any other person responsible for the amusement ride to — (i) immediately cease any installation works, modification works or relocation works being carried out on the amusement ride or the operation of the amusement ride, and close or cordon off the amusement ride; and (ii) take such measures as the Commissioner may specify to secure, stabilise or dismantle the amusement ride within such time as the Commissioner may stipulate; ( b ) engage a qualified person or a specialist to carry out such investigations and tests as may be necessary and to advise the Commissioner on all matters relating to the safety of the amusement ride or any installation works, modification works or relocation works which have been or are being carried out in respect of the amusement ride. (2) If any person fails to comply with any direction given to the person under subsection (1)( a ) — ( a ) the person shall be guilty of an offence and shall be liable on conviction — (i) to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 12 months or to both; and (ii) in respect of a continuing failure to comply, to an additional fine not exceeding $500 for each day or part of a day during which the failure to comply continues, and if the failure to comply continues after the conviction, the person shall be guilty of a further offence and shall be liable on conviction of this further offence to a further fine not exceeding $1,000 for every day or part of a day during which the failure to comply continues after conviction; and ( b ) the Commissioner may — (i) take or cause to be taken all such measures as may be necessary to secure, stabilise or dismantle, and to close or cordon off, the amusement ride in accordance with the direction given by the Commissioner under subsection (1)( a ); and (ii) recover from the person in default by way of a civil suit all costs and expenses reasonably incurred by the Commissioner in the exercise of his or her powers under sub-paragraph (i). (3) The Commissioner may give a direction under subsection (1)( a ) in writing or in such other form or manner as he or she thinks fit in the circumstances of the case. (4) The Commissioner may order the person mentioned in subsection (1)( a ) to pay or reimburse the Commissioner all or a specified part of the expenses that the Commissioner has incurred in engaging a qualified person or a specialist under subsection (1)( b ), failing which the Commissioner may recover those expenses from that person by way of a civil suit.


document_id: arsa-2011
provision_ref: s54
chapter: PART 8 - ENFORCEMENT
section: 54
title: Reporting of adverse incidents
content:
54. —(1) The person responsible for an amusement ride and the ride manager of the amusement ride must, as soon as practicable, upon the occurrence of any adverse incident in respect of the amusement ride, inform the Commissioner of that occurrence. (2) Where the Commissioner receives any information under subsection (1) or becomes aware of the occurrence of any adverse incident in respect of an amusement ride through any other means, the Commissioner may — ( a ) direct the person responsible for the amusement ride to immediately close or cordon off the amusement ride and take such measures as the Commissioner may specify to — (i) safely and expeditiously rescue and evacuate all patrons and other persons who are on the amusement ride; (ii) protect the safety of persons who are in the vicinity of the amusement ride; and (iii) otherwise address the adverse incident; and ( b ) by written notice require the person responsible for the amusement ride to investigate into the adverse incident and submit a report of the person’s findings and recommendations to the Commissioner within such time as the Commissioner may specify. (3) The Commissioner may also in any notice given under subsection (2)( b ) require the person responsible for the amusement ride to submit to the Commissioner, in such form and manner and within such time and for such period as the Commissioner may specify, a report containing such information as the Commissioner may require concerning — ( a ) the measures that the person responsible for the amusement ride has taken pursuant to the direction given to the person under subsection (2)( a ); ( b ) the results of the measures so taken; and ( c ) any other matter that the Commissioner thinks necessary or relevant in the circumstances. (4) The Commissioner may give a direction under subsection (2)( a ) in writing or in any other form or manner that he or she thinks fit in the circumstances of the case. (5) Any person who — ( a ) contravenes subsection (1); or ( b ) fails to comply with — (i) any direction given to the person under subsection (2)( a ); or (ii) any notice given to the person under subsection (2)( b ), 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 6 months or to both.


document_id: arsa-2011
provision_ref: s55
chapter: PART 8 - ENFORCEMENT
section: 55
title: Obstructing Commissioner or enforcement officers in execution of their duties
content:
55. Any person who obstructs, hinders or impedes — ( a ) the Commissioner; ( b ) any enforcement officer; or ( c ) any other person acting under the direction of the Authority, the Commissioner or an enforcement officer, in the performance or execution of his or her duty or anything which he or she is authorised, empowered or required to do under this Act shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 6 months or to both.


document_id: arsa-2011
provision_ref: s56
chapter: PART 9 - PROVISIONS RELATING TO
section: 56
title: General penalty
content:
56. Any person who is guilty of an offence under this Act or the regulations for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 months or to both.


document_id: arsa-2011
provision_ref: s57
chapter: PART 9 - PROVISIONS RELATING TO
section: 57
title: Jurisdiction of court
content:
57. 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: arsa-2011
provision_ref: s58
chapter: PART 9 - PROVISIONS RELATING TO
section: 58
title: Evidence
content:
58. —(1) Subject to this section, the contents of any notice or document prepared, issued or served under, by virtue of or for the purposes of this Act are, until the contrary is proved, presumed to be correct. (2) All records and other documents required by this Act to be kept by the Commissioner are deemed to be public documents, and copies thereof or extracts therefrom certified by the officer responsible for the custody thereof to be true copies or extracts (as the case may be) subscribed by that officer with his or her name and official title are admissible in evidence as proof of the contents of the documents or extracts. (3) Where any information in respect of any amusement ride is provided by the Commissioner by electronic means, the production of any document under the hand of the officer responsible for providing such information purporting to be a hard copy transcript of all or any such information is, in all courts and in all proceedings, sufficient evidence of the information provided electronically and all courts in all proceedings are to take judicial notice of the signature of that officer.


document_id: arsa-2011
provision_ref: s59
chapter: PART 9 - PROVISIONS RELATING TO
section: 59
title: Presumptions and defences
content:
59. —(1) In any proceedings instituted under this Act for — ( a ) the commencement or carrying out of any installation works, modification works or relocation works; or ( b ) the operation of any amusement ride, on any premises in contravention of the provisions of this Act, the owner of the premises at the time the installation works, modification works, relocation works or the operation of the amusement ride was commenced or carried out is presumed, until the contrary is proved, to be the person commencing or carrying out the installation works, modification works, relocation works or the operation of the amusement ride, as the case may be. (2) Where anything is required under this Act to be done by the person responsible for, or the ride manager of, an amusement ride, and there is more than one person responsible for the amusement ride or more than one such ride manager, it is a defence to any prosecution for failing to do that thing for the accused to prove — ( a ) that that thing was done by another person responsible for the amusement ride or by another ride manager of the amusement ride, as the case may be; or ( b ) that any notice or order in respect of that thing required under this Act to be served on the person responsible for the amusement ride or on the ride manager of the amusement ride was served on another person responsible for that amusement ride or on another ride manager of that amusement ride (as the case may be) and not on the person charged.


document_id: arsa-2011
provision_ref: s60
chapter: PART 9 - PROVISIONS RELATING TO
section: 60
title: Offences by bodies corporate, etc.
content:
60. —(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 he or she were a director of the body corporate. (3) Where an offence under this Act committed by a partnership is proved — ( a ) to have been committed with the consent or connivance of a partner; or ( b ) to be attributable to any act or default on the partner’s part, the partner as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (4) Where an offence under this Act committed by 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 the officer or member, the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly. (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 the 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 regulations to provide for the application of any provision of this section, with such modifications as the Minister considers appropriate, to any body corporate, limited liability partnership or unincorporated association formed or recognised under the law of a territory outside Singapore.


document_id: arsa-2011
provision_ref: s61
chapter: PART 9 - PROVISIONS RELATING TO
section: 61
title: Liability for offences by agents or employees
content:
61. Where an offence under this Act is committed by a person ( A ) — ( a ) acting as an agent or employee; or ( b ) being otherwise subject to the supervision or instruction, of another person ( B ) for the purposes of any employment in the course of which the offence was committed, B , without prejudice to the liability of A , shall be liable under this Act in the same manner and to the same extent as if B had personally committed the offence if it is proved that the act which constituted the offence was committed with B ’s consent or connivance or that it was attributable to any neglect on B ’s part.


document_id: arsa-2011
provision_ref: s62
chapter: PART 9 - PROVISIONS RELATING TO
section: 62
title: Composition of offences
content:
62. —(1) The Commissioner may compound any offence under this Act or the regulations which is prescribed as a compoundable offence by collecting from a person reasonably suspected of having committed the offence a sum not exceeding the lower of the following: ( a ) one half of the amount of the maximum fine that is prescribed for the offence; ( b ) $5,000. (2) On payment of the sum of money, no further proceedings 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.


document_id: arsa-2011
provision_ref: s63
chapter: PART 9 - PROVISIONS RELATING TO
section: 63
title: Forfeiture
content:
63. —(1) The court before which any person is tried for an offence under this Act may make an order for the forfeiture of any item which has been seized under the provisions of this Act if the court is satisfied that — ( a ) an offence under this Act has been committed; and ( b ) the item seized was the subject matter, or was used in the commission, of the offence. (2) Where no party raises the question of forfeiture under subsection (1), the court may consider the question on its own motion and make any order that it thinks appropriate. (3) The court may make an order under subsection (1) for the forfeiture of any item which has been seized under the provisions of this Act even though no person has been convicted of an offence. (4) If the court, having regard to the circumstances of the case, does not think it fit to order the forfeiture of any item which has been seized under the provisions of this Act, the court must order that the item be released to the owner of, or the person entitled to, the item. (5) If — ( a ) no prosecution is instituted with regard to any item which has been seized under the provisions of this Act; and ( b ) no claim is made for the item under section 51(2)( b ), the item to which the notice relates is deemed to be forfeited. (6) Where the owner of any item seized under the provisions of this Act consents to its disposal, the item is deemed to be forfeited. (7) Any item forfeited or deemed to be forfeited under this section must be delivered to the Commissioner and must be disposed of in the manner that the Commissioner thinks fit. (8) The costs of the disposal of any item under subsection (7) must be borne by the owner of, or person entitled to, the item.


document_id: arsa-2011
provision_ref: s64
chapter: PART 10 - MISCELLANEOUS
section: 64
title: Issue of permits not to be taken as evidence of title to or interest in land
content:
64. The issue of an installation permit, an operating permit or a modification permit to any person — ( a ) does not confer on the person; and ( b ) is not to be taken as evidence that the person has, any title or right to, or any interest in, the land on which the amusement ride to which the permit relates has been or is being installed.


document_id: arsa-2011
provision_ref: s65
chapter: PART 10 - MISCELLANEOUS
section: 65
title: Service of documents, etc.
content:
65. —(1) Any notice, order or other document (hereafter referred to collectively) 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 document 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 Commissioner or an enforcement 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 partner 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 partnership’s principal or last known place of business in Singapore; or (iii) by sending it by fax to the fax number operated at the partnership’s principal or last known place of business 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 of the limited liability partnership; (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) Any document that is to be served by the Commissioner, an enforcement officer or the Minister — ( a ) if 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) — 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; ( b ) if sent by electronic communication to an email address in accordance with subsection (1) — is deemed to have been duly served on the person to whom it is addressed at the time of entering the information system addressed to the email address; and ( c ) if sent by prepaid registered post — is deemed to have been duly served on the person to whom it is addressed 2 days after the day the document was posted, whether or not it is returned undelivered. (3) Any document required or authorised to be served under this Act on — ( a ) any person responsible for an amusement ride; or ( b ) any person carrying out any installation works, modification works or relocation works, is also deemed to be sufficiently served — ( c ) by delivering a copy of the document personally to any adult person on the premises on which the amusement ride has been installed or on which the installation works, modification works or relocation works (as the case may be) are being carried out; or ( d ) if there is no such person to whom the document can with reasonable diligence be delivered, by affixing the document to a conspicuous part of the premises or amusement ride. (4) Any document required or authorised by this Act to be served on any person responsible for an amusement ride is deemed to be properly addressed if addressed by the description of the “person responsible” for the amusement ride without further name or description. (5) Any document to be issued by the Commissioner under this Act may be issued in such form or manner as the Commissioner may determine and every such document is valid if the signature of the Commissioner or any enforcement officer duly authorised by the Commissioner under this Act is duly printed or written on the document. (6) Any document sent by registered post to any person in accordance with subsection (1) is deemed to be duly served on the person at the time when the document would in the ordinary course of post be delivered and, in proving service of the document, it is sufficient to prove that the envelope containing the document was properly addressed, stamped and posted by registered post. (7) This section does not apply to documents to be served in proceedings in court.


document_id: arsa-2011
provision_ref: s66
chapter: PART 10 - MISCELLANEOUS
section: 66
title: Form and authentication of documents
content:
66. —(1) All notices, orders and other documents which the Commissioner or an enforcement officer is empowered to give by this Act may be in such form or manner as the Commissioner may determine, and may be given by any enforcement officer. (2) Where any such notice, order or document requires authentication — ( a ) the signature of the Commissioner or an enforcement officer; or ( b ) an official facsimile of such signature, appended thereto is sufficient authentication.


document_id: arsa-2011
provision_ref: s67
chapter: PART 10 - MISCELLANEOUS
section: 67
title: Inaccuracies in documents
content:
67. —(1) Any misnomer or inaccurate description of any person, premises, amusement ride or any other thing named or described in any notice, order or document prepared, issued or served under or for the purposes of this Act does not in any way affect the operation of this Act as respects that person, premises, amusement ride or thing if that person, premises, amusement ride or thing is so designated or described in the notice, order or document as to be identifiable. (2) Proceedings taken under or by virtue of this Act are not invalid for want of form.


document_id: arsa-2011
provision_ref: s68
chapter: PART 10 - MISCELLANEOUS
section: 68
title: Protection from liability
content:
68. —(1) No liability shall lie against the Commissioner, any enforcement officer or any employee of the Authority by reason of the fact that any installation works, modification works or relocation works are or are to be carried out in accordance with the provisions of this Act, or that any amusement ride or the design and specifications, proposed installation method and programme or proposed modification method and programme or any installation works, modification works or relocation works relating to such amusement ride are subject to inspection, alteration or approval by the Commissioner, enforcement officer or employee of the Authority. (2) Nothing in this Act makes it obligatory for the Commissioner, an enforcement officer or an employee of the Authority to inspect any amusement ride or any installation works, modification works or relocation works relating thereto, or the premises on which an amusement ride has been or is being installed, modified, relocated or operated, to ascertain whether the provisions of this Act are complied with or whether any design and specifications, proposed installation method and programme, proposed modification method and programme, certificate, notice or other document submitted to the Commissioner, enforcement officer or employee of the Authority concerning the amusement ride are accurate or otherwise in compliance with the provisions of this Act. (3) No matter or thing done by the Commissioner, an enforcement officer or an employee of the Authority shall, if it were done in good faith for the purpose of carrying out the provisions of this Act, subject the Commissioner, enforcement officer or employee of the Authority personally to any action, liability, claim or demand. (4) Where the Commissioner provides any information to any person in respect of any amusement ride or any works or matter in relation to an amusement ride by electronic or other means, neither the Commissioner nor any enforcement officer or employee of the Authority shall be liable for any loss or damage suffered by any person by reason of any error or omission of whatever nature or howsoever caused, including any defect or breakdown in the electronic equipment used for providing the information, if the error or omission had been made in good faith and in the ordinary course of duties of the Commissioner, enforcement officer or employee of the Authority.


document_id: arsa-2011
provision_ref: s69
chapter: PART 10 - MISCELLANEOUS
section: 69
title: Appeals to Minister
content:
69. —(1) Any person who is aggrieved by a decision of the Commissioner to — ( a ) refuse to issue any installation permit, operating permit, modification permit, direction for the alteration of the conditions of any such permit or consent sought by the person under this Act; ( b ) alter, on the Commissioner’s own volition, any of the conditions of any installation permit, operating permit or modification permit; ( c ) revoke or suspend any installation permit, operating permit or modification permit; ( d ) give any notice or direction — (i) requiring the cessation of any installation works, modification works, relocation works or the operation of an amusement ride; (ii) requiring the closure or cordoning off of an amusement ride; (iii) requiring the taking of any measures in relation to any amusement ride; or (iv) otherwise affecting the carrying out of any installation works, modification works, relocation works or the operation of an amusement ride, may appeal to the Minister in such form and manner, and within such time, as may be prescribed. (2) Where an appeal is brought under this section from a decision of the Commissioner, the Minister may, after giving the appellant an opportunity to make written representations, dismiss or allow the appeal, unconditionally or subject to any conditions that the Minister thinks fit. (3) The Minister’s decision on any appeal under this section is final. (4) Despite any appeal to the Minister under this section — ( a ) the revocation or suspension by the Commissioner of any installation permit, operating permit or modification permit; and ( b ) any notice or direction given by the Commissioner mentioned in subsection (1)( d ), take effect from the date specified by the Commissioner for the revocation or suspension or in the notice or direction given (as the case may be), unless the Minister otherwise directs.


