AIR NAVIGATION (AMENDMENT) BILL

AIR NAVIGATION (AMENDMENT) BILL: Order for Second Reading read.

The Minister for Transport (Mr Raymond Lim Siang Keat): Mr Speaker, Sir, I beg to move, "That the Bill be now read a Second time."

Introduction

Sir, this Bill amends the Air Navigation Act for the following purposes:

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(a) First, to increase the maximum penalties for offences on aviation safety and aviation security;

(b) Second, to provide for the personal liability of persons managing a corporate body or office bearers of an unincorporated association where an offence is committed by a corporate body or an unincorporated association under certain circumstances;

(c) Third, to increase the maximum composition fine for offences that have been made compoundable; and

(d) Finally, to empower Singapore aircraft accident investigators and their advisors to enter and inspect any place, building or aircraft for the purposes of effectively investigating into an aircraft accident occurring in Singapore.

Mr Speaker, Sir, I will now go through the clauses of the Bill to elaborate on these amendments.

Background

Clause 3 of the Bill amends section 3 of the Act to increase the maximum penalties for non-compliance with Orders made to regulate the safety and security of air navigation. These Orders are made to implement the international safety and security standards and recommended practices contained in the Annexes to the Chicago Convention, to which Singapore is a party.

The current maximum penalty of a $5,000 fine or an imprisonment term of one year or both is not commensurate with the possible catastrophic consequences of aviation safety and security violations. As an aviation hub, Singapore must assure the travelling public, other stakeholders and also potential entrants into the aviation system that we are committed to uphold the highest standards of safety and security.

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The proposed amendments to section 3 of the Act increase the maximum penalty which can be imposed under an Order to a fine of $100,000 or five years' imprisonment, or both. This will enable subsequent amendments to be made to Orders to introduce stiffer penalties for aviation safety and aviation security offences, making our penalties for such violations comparable with those of the major aviation States.

The intention is to increase the maximum penalty for the most serious safety offences under the Air Navigation Order to $50,000 or two years' imprisonment, or both, for the first offence, and $100,000 or five years' imprisonment, or both, for the second and subsequent offences. Examples of such serious safety violations include: (1) an airline allowing its aircraft to be operated without a valid Certificate of Airworthiness; (2) an airline scheduling a pilot for duty beyond his or her maximum flying duty hours, which may cause fatigue, hence creating the risk of a major aviation accident and possible loss of lives; (3) an aircraft maintenance and repair company failing to service an aircraft to the required safety standards.

To enhance aviation security, which is another critical area in support of our overall aviation hub operations and in light of the global threat against civil aviation, we intend to raise the deterrent effect against any breaches of security measures by airlines operating at Changi. The Ministry of Home Affairs (MHA) has reviewed the penalties for security-related offences and intends to increase the maximum fine for offences under the Air Navigation (Aviation Security) Order from $5,000 to $10,000.

Clause 3 of the Bill also amends section 3 of the Act to empower the Minister to make an Order relating to the investigation of any accident or incident

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involving air navigation and, in particular, authorising the entry, inspection and examination of any place, structure or aircraft. Such powers of entry and inspection are essential to the effectiveness of an investigation into an aircraft accident or incident occurring in Singapore. This is in line with the guidance of the International Civil Aviation Organisation (ICAO) that investigators should, through legislation, have immediate and unrestricted access to all relevant evidence without requiring prior consent from judicial bodies or other authorities. Major aviation states like the United Kingdom, Australia and the United States also provide for similar powers.

Clause 4 repeals section 12 which is no longer necessary in the light of the amendment of section 3 by clause 3.

Clause 5 of the Bill inserts a new section 27A to provide for persons managing a corporate body or office bearers of an unincorporated association to be liable to be prosecuted for an offence committed by the corporate body or unincorporated association if the offence was done with the consent, connivance or attributable to the neglect of the person. This will encourage persons managing corporate bodies or unincorporated associations to adopt responsible practices at a more systematic level and conduct more due diligence checks so as to comply with the safety and security standards and measures stipulated by CAAS and SPF under the Act. These standards are in accordance with the international standards and recommended practices contained in the Annexes to the Chicago Convention.

Clause 6 amends section 28A(1) to increase the maximum sum which may be collected from a person for compounding an offence under the Act which is prescribed as a compoundable offence.

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The maximum sum is increased to take into account inflation as this amount has not been amended since its insertion into the Act in 1987.

Hence, clause 6 of the Bill amends section 28A of the Act to increase the maximum sum from the existing $200 to $5,000, or half of the maximum prescribed for the offence, whichever is the lower. The latter formula is modelled after section 199A of the Criminal Procedure Code and will cater to less severe offences which do not warrant the maximum composition sum of $5,000.

These amendments would enable the SPF to enhance compliance with the security directives by the aircraft operators. To illustrate, an aircraft operator currently has to ensure that its security measures, such as flight pre-checks, access to unattended aircraft, security of boarding passes, security of baggage, catering and cargo, staff training and quality control, are all in place. Any failure to implement those measures constitutes a breach of the security directives issued by the Singapore Police Force and is an offence under the Air Navigation (Aviation Security) Order. Depending on the severity of the breaches, the Police may choose to either compound or prosecute an offender, particularly where it concerns recalcitrant offenders or where there are aggravating circumstances. The proposed increases are reasonable compared to the penalties prescribed in major aviation states for similar offences.

Clause 6 also inserts a new subsection (1A) to make it clear that no further proceedings will be taken against the person compounding an offence, on payment of the composition fine.

Conclusion

Mr Speaker, Sir, the amendments that I have presented today are necessary to ensure that the Air Navigation Act

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remains relevant to our needs. They will contribute to public safety, enable us to maintain Singapore's excellent reputation of high aviation safety and security standards, and strengthen Changi Airport's position as a leading global air hub.

Sir, I beg to move.

Question put, and agreed to.

Bill accordingly read a Second time and committed to a Committee of the whole House.

The House immediately resolved itself into a Committee on the Bill. - [Mr Raymond Lim Siang Keat].

Bill considered in Committee.

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The Minister for Transport (Mr Raymond Lim Siang Keat):

The Chairman: **** The citation year "2006" will be changed to "2007", as indicated in the Order Paper Supplement.

Clauses 1 to 6 inclusive ordered to stand part of the Bill.

Bill reported without amendment; read a Third time and passed.