MALAYSIAN AVIATION COMMISSION ACT 2015

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 771 MALAYSIAN AVIATION COMMISSION ACT 2015 As at 1 August 2018 2 MALAYSIAN AVIATION COMMISSION ACT 2015 … … … 25 August 2015 Date of publication in the Gazette … … 27 August 2015 Date of Royal Assent … Latest amendment made by Act A1559 which came into operation on …… … … 9 February 2018 3 LAWS OF MALAYSIA Act 771 MALAYSIAN AVIATION COMMISSION ACT 2015 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE COMMISSION 3. Establishment of the Commission 4. Common seal 5. Membership of the Commission 6. Alternate members 7. Tenure of office 8. Remuneration and allowances 9. Revocation of appointment and resignation 10. Vacation of office 11. Effect of cessation of membership 12. Committees 13. Disclosure of interest 14. First Schedule 15. Code of conduct 16. Disciplinary Panel and disciplinary proceedings 4 Laws of Malaysia ACT 771 PART III FUNCTIONS AND POWERS OF THE COMMISSION AND THE EXECUTIVE CHAIRMAN Section 17. Functions of the Commission 18. Powers of the Commission 19. Commission to consult Director General of Civil Aviation 20. Delegation of the Commission’s functions and powers 21. Functions of the Executive Chairman 22. Temporary exercise of functions of the Executive Chairman PART IV EMPLOYEES OF THE COMMISSION 23. Appointment of employees of the Commission 24. Conditions of service, conduct and discipline PART V FINANCE 25. Aviation Commission Fund 26. Expenditure to be charged on the Fund 27. Public Service Fund 28. Conservation of the Fund 29. Bank accounts 30. Power to borrow 31. Investment 32. Financial procedure 33. Financial year 34. Accounts and reports Malaysian Aviation Commission PART VI LICENSING AND CHARGES Section 35. Air service licence 36. Air service permit 37. Ground handling licence 38. Aerodrome operator licence 39. Application for lincence or permit 40. Power to impose conditions 41. Duration of licence or permit 42. Renewal of licence or permit 43. Suspension or revocation of licence or permit 44. Surrender of licence or permit 45. Transfer or assignment of licence or permit 46. Power to set charges PART VII COMPETITION Division 1 Interpretation and application 47. Interpretation 48. Application of this Part Division 2 Anti-competitive agreement 49. Prohibited agreement 50. Relief of liability 51. Individual exemption 52. Block exemption 5 6 Laws of Malaysia Division 3 Abuse of dominant position Section 53. Abuse of dominant position is prohibited Division 4 Mergers 54. Mergers 55. Notification of anticipated merger 56. Notification of merger Division 5 Decision by the Commission 57. Interim measures 58. Finding of non-infringement 59. Finding of an infringement 60. Leniency regime 61. Enforcement of direction or decision 62. Power to accept undertaking Division 6 General 63. Aviation service market review 64. Right of private action 65. Power to issue guidelines ACT 771 Malaysian Aviation Commission PART VIII AIR TRAFFIC RIGHT AND SLOT ALLOCATION Section 66. Air traffic right 67. Slot allocation PART IX PUBLIC SERVICE OBLIGATIONS 68. Public service obligations PART X CONSUMER PROTECTION 69. Consumer code 70. Consumer complaint 71. Determination of consumer complaints 72. Recovery of unpaid financial penalty or costs 73. Enforcement of decisions on consumer complaint PART XI DISPUTE RESOLUTION 74. Disputes 75. Commission to decide on disputes 76. Decisions to be in writing 77. Registration of decisions 78. Enforcement of decisions PART XII ENFORCEMENT AND INVESTIGATION 79. Authorized officer 7 8 Laws of Malaysia Section 80. Powers of enforcement, inspection and investigation 81. Power to require information 82. Power to conduct inspection 83. Power to investigate 84. Giving false or misleading information, evidence or document 85. Compliance order 86. Tipping off 87. Threat or reprisal prohibited PART XIII GENERAL 88. Appeals to the High Court 89. Civil aviation industry audit 90. Returns, reports, accounts and information 91. Conduct of prosecution 92. Offences by bodies corporate 93. Public servants and public officers 94. Obligation of secrecy 95. Representation in civil proceedings 96. Protection against suits and legal proceedings 97. Public Authorities Protection Act 1948 98. Power to make regulations 98A. Power to issue guidelines, circulars, directives, etc. 99. Power to amend Schedules PART XIV SAVINGS AND TRANSITIONAL 100. Savings for licences and permits 101. Savings for Rural Air Services Agreement ACT 771 Malaysian Aviation Commission Section 102. Continuance of pending applications, etc. 103. Existing ground handling services 104. Existing agreements 105. Things done in anticipation of the enactment of this Act FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 9 LAWS OF MALAYSIA Act 771 MALAYSIAN AVIATION COMMISSION ACT 2015 An Act to establish the Malaysian Aviation Commission to regulate economic matters relating to the civil aviation industry and to provide for its functions and powers and related matters. [1 March 2016, P.U. (B) 88/2016] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Aviation Commission Act 2015. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. (1) In this Act, unless the context otherwise requires— “aerodrome” means any area of land or water, including any airport, airstrip (including water airstrip), heliport, building, installation and equipment, for the use wholly or partly for the arrival, departure or movement of aircraft; 12 Laws of Malaysia ACT 771 “air traffic right” means― (a) in relation to domestic routes, the right of an airline licensed by the Commission to provide air services on scheduled journeys within Malaysia, and includes the points to be served, the type of aircraft to be used and the capacity to be provided; or (b) in relation to international routes, the right of an airline licensed by the Commission and designated, nominated or otherwise authorized by the Government to provide air services on scheduled journeys from, to or over a country under an air services agreement, and includes the points to be served, the route on which the air services are to be provided, the type of aircraft to be used and the capacity to be provided; “committee” means any committee established by the Commission under section 12 or 71; “Director General of Civil Aviation” means the Director General of Civil Aviation Malaysia referred to in the Civil Aviation Act 1969 [Act 3]; “Fund” means the Aviation Commission Fund established under section 25; “Public Service Fund” means the Public Service Fund established under section 27; “airport” means the aggregate of the lands comprised within an aerodrome including buildings, aircraft hangars, storage, facilities, roads and car parks used or intended to be used in whole or in part for the purposes of or in connection with the operation of such aerodrome; “Minister” means the Minister charged with the responsibility for transport; Malaysian Aviation Commission 13 “public service obligation” means the provision of service for the carriage by air or the use of any aircraft for the carriage of passengers, mail or cargo for hire or reward on a scheduled journey between aerodromes— (a) where one or more aerodromes serve a region within Malaysia that is remote or sparsely populated or is faced with significant accessibility issues arising from its geographical peripherality or lack of adequate surface transport alternatives; or (b) serving a route which is considered to be vital for the economic and social development of Malaysia or to be in the national interest, which airlines would not assume if they were solely considering their commercial interest; “licensee” means a person licensed under this Act; “permit holder” means a person holding a permit under this Act; “Executive Chairman” means the Executive Chairman of the Commission appointed under section 5; “consumer” means a person who acquires or uses any aviation service for personal use and does not acquire or use the service primarily for the purpose of resupplying the service or providing any aviation service; “scheduled journey” means one of a series of journeys which is undertaken between the same two places and which together amount to a systematic services; “non-scheduled journey” means a journey that is not a scheduled journey; “aviation service” means any of the following services: 14 Laws of Malaysia ACT 771 (a) the carriage of passengers, mail or cargo for hire or reward by air or by the use of any aircraft between two or more places, of which at least one place is in Malaysia; (b) the provision in Malaysia of any of the ground handling services as specified in the Second Schedule; (c) the operation of an aerodrome in Malaysia for the takeoff and landing of any aircraft engaged in the carriage of passengers, mail or cargo for hire or reward; or (d) any other service determined by the Commission to be necessary or expedient for the carriage of passengers, mail or cargo referred to in paragraph (a), whether or not such service is provided by a licensee, permit holder or otherwise; “air transport service” means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points; “aircraft” means a machine that can derive support in the atmosphere from the reactions of the air, other than the reactions of the air against the surface of the earth; “hire or reward”means any payment, consideration, gratuity or benefit, directly or indirectly charged, demanded, received or collected by any person for the use of an aircraft; “Commission” means the Malaysian Aviation Commission established under section 3; “appointed date” means the date of this Act comes into operation. Malaysian Aviation Commission 15 PART II THE COMMISSION Establishment of the Commission 3. (1) A body corporate to be known as the “Suruhanjaya Penerbangan Malaysia” or “Malaysian Aviation Commission” is established. (2) The Commission shall have perpetual succession and a common seal. (3) The Commission may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Commission may, upon such terms as the Commission deems fit— (a) enter into contracts; (b) acquire, purchase, take, lease, hold, sell and enjoy any movable and immovable property of every description or any interest in such property vested in the Commission; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property and any interest in such property vested in the Commission. Common seal 4. (1) The Commission shall have a common seal which shall bear such device as the Commission shall approve and such seal may be broken, changed, altered or made anew as the Commission thinks fit. (2) Until a seal is provided by the Commission, a stamp bearing the words “Suruhanjaya Penerbangan Malaysia” or “Malaysian 16 Laws of Malaysia ACT 771 Aviation Commission” may be used and shall be deemed to be the common seal of the Commission. (3) The common seal shall be kept in the custody of the Executive Chairman or such other person as may be authorized by the Commission, and shall be authenticated by the Executive Chairman or by such other person authorized by the Executive Chairman in writing. (4) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been val