Air Navigation (Aviation Security) Order

Source: Singapore Statutes Online | Archived by Legal Wires


Air Navigation Act
(Chapter 6, Section 3)
Air Navigation (Aviation Security) Order
O 5
G.N. No. S 590/2006

REVISED EDITION 2007
(2nd July 2007)
[18th October 2006]
PART I
PRELIMINARY
Citation
1.  This Order may be cited as the Air Navigation (Aviation Security) Order.
Application
2.—(1)  Except where otherwise expressly provided, this Order shall apply —
(a)to any aircraft registered or operating in Singapore for the purpose of commercial air transport, general aviation or aerial work operations;
(b)to any aircraft operator operating any aircraft in Singapore for all or any of the purposes specified in sub-paragraph (a);
(c)to any airport in Singapore which is used for all or any of the purposes specified in sub-paragraph (a); and
(d)to any airport operator operating an airport in Singapore for all or any of the purposes specified in sub-paragraph (a).
[S 481/2012 wef 26/09/2012]
(2)  Unless the context otherwise requires, this Order shall not apply to military aircraft and airports under the control of the Singapore Armed Forces.
Definitions
3.  In this Order, unless the context otherwise requires —
“act of unlawful interference” means an act or attempted act such as to jeopardise the safety of civil aviation and air transport, and includes any of the following acts:
(a)unlawful seizure of an aircraft;
(b)destruction of an aircraft 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;
(e)introduction on board an aircraft or at an airport of 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)communication of false information so as to jeopardise 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;
[S 481/2012 wef 26/09/2012]
“aerial work” means any operation in which an aircraft is used for agriculture, construction, photography, surveying, observation, patrol, search and rescue, advertising or other specialised service;
[S 481/2012 wef 26/09/2012]
“aircraft operator” means the person who or which, at the relevant time, is engaged in or offering to engage in the operation of any one or more aircraft to which this Order applies;
[S 481/2012 wef 26/09/2012]
“airport” means an aerodrome;
“airport operator” means the operator of an airport to which this Order applies;
[S 481/2012 wef 26/09/2012]
“airside” means the movement area of an airport, adjacent terrain and buildings or portions thereof, access to which is controlled;
“air traffic service” includes any flight information service, alerting service, air traffic advisory service, air traffic control service, area control service, approach control service and aerodrome control service;
[S 481/2012 wef 26/09/2012]
“cargo” means any property carried on an aircraft other than mail, stores and accompanied or mishandled baggage;
“commercial air transport operation” means an aircraft operation involving the transport of passengers, cargo or mail for remuneration or hire;
“Commissioner” means the Commissioner of Police appointed under the Police Force Act (Cap. 235) or any police officer appointed by the Commissioner to act on his behalf;
“corporate aviation” means general aviation involving the non-commercial operation or use of aircraft by a person for the carriage of passengers or goods as an aid to the conduct of company business flown by a professional employed to fly the aircraft;
[S 481/2012 wef 26/09/2012]
“enforcement notice” means a notice served under paragraph 11;
“general aviation operation” means the operation or use of aircraft other than commercial air transport operation or an aerial work operation;
[S 481/2012 wef 26/09/2012]
“National Civil Aviation Security Authority” means the National Civil Aviation Security Authority referred to in paragraph 4;
“NCASP” means the National Civil Aviation Security Programme referred to in paragraph 4;
“protected area” and “protected place” mean, respectively, any area or premises declared to be a protected area and any area or premises declared to be a protected place under the Infrastructure Protection Act 2017 (Act 41 of 2017);
[S 821/2018 wef 18/12/2018]
“screening” means the application of technical or other means which are intended to identify or detect any weapon, explosives or other dangerous device, or any article or substance which may be used to commit an act of unlawful interference;
[S 481/2012 wef 26/09/2012]
“security control” means any means by which the introduction of weapons, explosives or other dangerous devices, articles or substances which may be used to commit an act of unlawful interference can be prevented;
[S 481/2012 wef 26/09/2012]
“security directive” means a security directive issued under paragraph 7 or 8;
“security measures” means a combination of measures and procedures to secure the safety of aircraft and of persons and property carried therein against acts of unlawful interference;
“security restricted area”  —
(a)means an area of the airside which is identified as a priority risk area where, in addition to access control, other security controls are applied; and
(b)includes any commercial aviation passenger departure area between the screening checkpoint and the aircraft, ramp, baggage sorting area, area where an aircraft is brought into service and screened baggage or cargo is present, cargo shed, mail centre and airside catering or aircraft cleaning premises;
“stores” means any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting.
PART II
NATIONAL CIVIL AVIATION SECURITY AUTHORITY AND COMMITTEE
National Civil Aviation Security Authority
4.—(1)  The Commissioner shall be the National Civil Aviation Security Authority responsible for the development, implementation and maintenance of the National Civil Aviation Security Programme in Singapore to safeguard civil aviation operations against acts of unlawful interference.
(2)  Without prejudice to the generality of sub-paragraph (1), the functions of the National Civil Aviation Security Authority shall be —
(a)to establish and implement the NCASP in consultation with the Civil Aviation Authority of Singapore and the National Civil Aviation Security Committee established under paragraph 5;
(b)to define and allocate tasks and co-ordinate activities between the departments, agencies and organisations of Singapore, providers of air traffic services, airport operators and aircraft operators, and other entities concerned with or responsible for the implementation of various aspects of the NCASP;
[S 481/2012 wef 26/09/2012]
(c)to make available to providers of air traffic services, airport operators and aircraft operators operating in Singapore and other entities concerned with or responsible for the implementation of the NCASP, the relevant portions of the NCASP;
[S 481/2012 wef 26/09/2012]
(d)to review and maintain the effectiveness of the NCASP, including the re-evaluation of security measures following an act of unlawful interference and taking such action as may be necessary to remedy weaknesses so as to prevent recurrence;
(e)to review and approve the airport security programmes and operator security programmes required under paragraph 6;
(f)to ensure that the airport security services at airports are provided with the necessary facilities, including office space, telecommunications equipment, appropriate security equipment and training facilities;
(g)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 written law arising therefrom;
(h)to ensure that airport design requirements, including architectural and infrastructure-related requirements necessary for the implementation of the security measures in the NCASP, are integrated into the design and construction of new facilities and any alteration to existing facilities at an airport;
[S 481/2012 wef 26/09/2012]
(i)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;
[S 481/2012 wef 26/09/2012]
(j)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;
(k)to require the maintenance of records of any security incident or non-compliance with the requirements of the NCASP; and
(l)to ensure a rapid response to meet any increased security threat to civil aviation.
National Civil Aviation Security Committee
5.—(1)  There shall be a National Civil Aviation Security Committee (referred to in this paragraph as the Committee) comprising —
(a)a chairman and a deputy chairman to be appointed by the Minister; and
(b)such number of representatives from the departments, agencies and organisations of Singapore, providers of air traffic services, airport operators and aircraft operators, and other entities concerned with or responsible for the implementation of various aspects of the NCASP, as the chairman of the Committee may determine, such representatives to be nominated by their respective departments, agencies, organisations, operators and entities.
[S 481/2012 wef 26/09/2012]
(2)  The Committee shall —
(a)advise the National Civil Aviation Security Authority on civil aviation security policy, strategic matters and decisions, and the measures necessary to meet threats to civil aviation;
(b)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)co-ordinate aviation security measures among departments, agencies and organisations of Singapore, providers of air traffic services, airport operators and aircraft operators, and other entities concerned with or responsible for the implementation of various aspects of the NCASP;
[S 481/2012 wef 26/09/2012]
(d)promote security considerations in the design of new airports or alterations to existing facilities;
(e)recommend the promulgation of, and co-ordinate the implementation of changes in, national aviation security policies, in consultation with the National Civil Aviation Security Authority; and
(f)consider recommendations made by airport security committees and, where appropriate, recommend changes to the NCASP or airport security programmes and operator security programmes required under paragraph 6, to the National Civil Aviation Security Authority.
(3)  The Committee shall meet as often as the chairman appointed under sub-paragraph (1)(a) may determine to be necessary for the consideration of any matter referred to in sub-paragraph (2).
(4)  The Committee may regulate its own procedure.
(5)  The Committee may —
(a)establish such sub-committees as the Committee sees fit to assist the Committee in the discharge of its functions;
(b)appoint such persons as the Committee sees fit as members of any such sub-committee; and
(c)consult with such other persons as the Committee sees fit.
PART III
AIRPORT SECURITY PROGRAMME AND OPERATOR SECURITY PROGRAMME
Airport security programme and operator security programme
6.—(1)  If directed in writing by the National Civil Aviation Security Authority, an operator of an airport to which this Order applies —
(a)shall establish, implement and maintain an airport security programme for the airport in accordance with the requirements of the NCASP; and
(b)shall submit that airport security programme to the National Civil Aviation Security Authority for approval,
and any airport security programme for an airport that on 26th September 2012 has the approval of the National Civil Aviation Security Authority shall be deemed to have been established and submitted pursuant to a direction in writing under this sub-paragraph.
[S 481/2012 wef 26/09/2012]
(2)  An operator of any aircraft to which this Order applies shall establish, implement and maintain an operator security programme in accordance with the requirements of the NCASP, and shall submit the operator security programme to the National Civil Aviation Security Authority for approval.
[S 481/2012 wef 26/09/2012]
(3)  [Deleted by S 481/2012 wef 26/09/2012]
(4)  Any revision to an approved airport security programme by an airport operator or to an approved operator security programme by an aircraft operator shall be made in accordance with the requirements of the NCASP and only with the prior approval of the National Civil Aviation Security Authority.
(5)  Any person who refuses or, without reasonable excuse, fails to comply with sub-paragraph (1), (2) or (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.
 

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