Air Navigation (Amendment) Bill

Mr Deputy Speaker, I beg to move, "That the Bill be now read a Second time."

Singapore is a Contracting State to the Convention on International Civil Aviation, or more commonly known as the Chicago Convention. It is our obligation and commitment to adopt the standards and requirements set by the International Civil Aviation Organization (ICAO) as they are being developed and updated to improve aviation safety. Where necessary, we will also update our regulatory regime.

The Air Navigation Act (ANA) was enacted in 1966 and the last major amendments were in 2007. Since then, there have been new developments in the aviation industry such as the emergence of new aircraft types and aviation technologies. Consequently, new rules and standards have been promulgated by International Civil Aviation Organization. This Bill amends the ANA to bring it up to date with recent developments and improves the future-readiness of aviation safety regulation in Singapore.

I will now highlight the key amendments in the Bill.

The amended section 3 and the new section 3A align the ANA with the Civil Aviation Authority of Singapore Act 2009, in which CAAS is assigned the

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statutory role of national regulator of aviation safety, by empowering the CAAS to make subsidiary legislation for aviation safety and related matters.

In addition, CAAS is in the process of re-organising the aviation safety regulations in the voluminous Air Navigation Order (ANO) made under the previous section 3 of the ANA. The regulations will, in future, be organised as modular parts, each of which is specific to a particular industry sector or aviation activity. For example, the modules for airlines will be separate from those relating to aircraft maintenance organisations.

There are several benefits of the shift to a modular approach. Industry players will experience a higher level of transparency and accessibility. New parts can be created more easily as aviation activities emerge. As far as possible, the modules will also be harmonised with the legislation of other major regulators to enhance the ease of doing business across borders.

When the modular regulations are completely promulgated under section 3A, the Air Navigation Order will be revoked and Parliament's approval will be sought to repeal section 3. Until then, the amended section 3 clarifies that the current Air Navigation Order (ANO) remains in force.

The new sections 4C, 4D and 4E give CAAS a wider range of options to enforce compliance with the ANA and to deal with aviation safety breaches. Today, persons or companies in breach either face prosecution or are liable to have their certificates, licences or permits suspended or revoked. These new sections will enable CAAS to calibrate its response based on the severity of the breach by imposing new licensing conditions or issuing provisional orders to ensure compliance. CAAS can also impose financial penalties under its regulations.

Sections 4J to 4N transfer the current powers for safety inspections and audits from the Air Navigation Order to the ANA. The enforcement powers for CAAS have also been strengthened. Currently, CAAS can only detain a whole aircraft and in circumstances where the aircraft is prevented from flying. With the change, CAAS will also be able to detain an aeronautical product, such as the engine and other equipment on the aircraft, and as long as it has reasonable grounds to believe that the operation of the aircraft or aeronautical product may endanger persons or property. To ensure that CAAS acts in a reasonable manner, certain safeguards such as the right to appeal against the detention are provided.

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Sections 8, 8A and 8B transfer from the Air Navigation Order to the ANA several provisions on unruly conduct that poses a serious threat to aviation safety. The provisions are adapted from the ICAO model legislation and set out more clearly the elements that would make such conduct an offence.

Sir, although some functions are being transferred from MOT to CAAS, three areas remain under the Ministry's purview. These are, firstly, air accident and incident investigation; secondly, regulation of aviation security; and thirdly, provision of licences for air services. There are good reasons for this, for example, to ensure the independence of accident investigations or for better coordination of aviation security matters with the various security and enforcement agencies. The Bill, therefore, will also make a related amendment to the Civil Aviation Authority of Singapore Act 2009 to clarify the scope of the responsibilities of both MOT and CAAS.

Sir, Singapore has seen rapid developments in our aviation hub in recent years and the Government is committed to its continued development. The amendments to the ANA will give CAAS the powers and tools to carry out its responsibilities as aviation safety regulator more effectively, to ensure the proper functioning of our regulatory regime. 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. – [Mrs Josephine Teo].

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