MALAYSIAN AVIATION COMMISSION (DISSOLUTION) ACT 2024

Malaysian Aviation Commission (Dissolution) LAWS OF MALAYSIA Act 856 MALAYSIAN AVIATION COMMISSION (DISSOLUTION) ACT 2024 1 2 Laws of Malaysia Act 856 Date of Royal Assent ... ... 11 September 2024 Date of publication in the Gazette ... ... 25 September 2024 Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Malaysian Aviation Commission (Dissolution) LAWS OF MALAYSIA Act 856 MALAYSIAN AVIATION COMMISSION (DISSOLUTION) ACT 2024 ARRANGEMENT OF SECTIONS Section 1. Short title and commencement 2. Interpretation 3. Repeal and dissolution 4. Transfer of powers, rights, etc. 5. Transfer of Aviation Commission Fund and Public Service Fund 6. Existing contracts, etc. 7. Existing operating and concession agreement 8. Saving for pending application and complaint 9. Saving for licence, permit and air traffic right 10. Saving for order, etc. 11. Membership of Commission, etc. 12. Continuance of proceedings 13. Continuance of laws, etc. 14. Vesting of property, etc. 3 4 Laws of Malaysia Act 856 5 Malaysian Aviation Commission (Dissolution) LAWS OF MALAYSIA Act 856 MALAYSIAN AVIATION COMMISSION (DISSOLUTION) ACT 2024 An Act to repeal the Malaysian Aviation Commission Act 2015 [Act 771], to dissolve the Malaysian Aviation Commission established under the Act, to provide for the vesting of its properties in the Civil Aviation Authority of Malaysia established under the Civil Aviation Authority of Malaysia Act 2017 [Act 788] and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement 1. (1) This Act may be cited as the Malaysian Aviation Commission (Dissolution) Act 2024. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “Public Service Fund” means the Public Service Fund established under section 27 of the Malaysian Aviation Commission Act 2015; 6 Laws of Malaysia Act 856 “Civil Aviation Authority of Malaysia Fund” means the Civil Aviation Authority of Malaysia Fund established under section 26 of the Civil Aviation Authority of Malaysia Act 2017; “Aviation Commission Fund” means the Aviation Commission Fund established under section 25 of the Malaysian Aviation Commission Act 2015; “Minister” means the Minister charged with the responsibility for transport; “Authority” means the Civil Aviation Authority of Malaysia established under section 3 of the Civil Aviation Authority of Malaysia Act 2017; “Commission” means the Malaysian Aviation Commission established under section 3 of the Malaysian Aviation Commission Act 2015. Repeal and dissolution 3. The Malaysian Aviation Commission Act 2015 is repealed and the Commission established under the Act is dissolved. Transfer of powers, rights, etc. 4. All powers, rights, duties, liabilities and obligations which before the date of coming into operation of this Act were the powers, rights, duties, liabilities and obligations of the Commission shall, on the date of coming into operation of this Act, be devolved on the Authority. Transfer of Aviation Commission Fund and Public Service Fund 5. A l l m o n e y s s t a n d i n g i n , o r d u e t o b e p a i d t o , the Aviation Commission Fund and the Public Service Fund shall, on the date of coming into operation of this Act, be transferred to the Civil Aviation Authority of Malaysia Fund. Malaysian Aviation Commission (Dissolution) 7 Existing contracts, etc. 6. All agreements, deeds, documents and other instruments subsisting before the date of coming into operation of this Act and affecting any property or money transferred under this Act shall continue to remain in full force and effect, against or in favour of the Authority, and enforceable as fully and effectually as if, instead of the Commission, the Authority had been named in the agreements, deeds, documents and other instruments and had been a party to the agreements, deeds, documents and other instruments. Existing operating and concession agreement 7. (1) A person who is authorized to carry out the services and activities stipulated in an agreement in respect of any operating or concession agreement subsisting before the date of coming into operation of this Act shall carry out the services and activities until the expiry date of the agreement and subject to the terms and conditions attached to the agreement. (2) Nothing in this section shall be construed to extend the term or duration of an agreement specified in subsection (1) beyond the date of its expiry. Saving for pending application and complaint 8. Any application made or complaint received under the Malaysian Aviation Commission Act 2015 which is still pending before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be dealt under the Civil Aviation Authority of Malaysia Act 2017. Saving for licence, permit and air traffic right 9. (1) Every person who, before the date of coming into operation of this Act, held a valid licence or permit issued to him under the Civil Aviation Act 1969 [Act 3] or the Civil Aviation Regulations 2016 [P.U. (A) 97/2016], or the Malaysian Aviation Commission Act 2015, or is allocated to him any air traffic right for domestic or international route by the Government, or the Commission 8 Laws of Malaysia Act 856 under the Malaysian Aviation Commission Act 2015 shall, on the date of coming into operation of this Act, be deemed to be the valid licence or permit holder, or has been allocated to him any air traffic right for domestic or international route under the Civil Aviation Authority of Malaysia Act 2017 until the expiry date of the licence, permit or right and subject to the terms and conditions attached to the licence, permit or right. (2) Nothing in this section shall be construed to extend the term or duration of the licence, permit or right specified in subsection (1) beyond the date of its expiry. (3) The Authority may alter the terms and conditions attached to the licence, permit or right authorized under subsection (1) for the purpose of bringing the licence, permit or right into conformity with the Civil Aviation Authority of Malaysia Act 2017. (4) The provisions relating to the cancellation of licence, permit or right under the Civil Aviation Authority of Malaysia Act 2017 shall apply to the person referred to in subsection (1). Saving for order, etc. 10. Any order, exemption, notice, direction or decision made or given by the Commission under the Malaysian Aviation Commission Act 2015 before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be deemed to have been made or given by the Authority under the Civil Aviation Authority of Malaysia Act 2017 until the expiry date of the order, exemption, notice, direction or decision and subject to the terms and conditions attached to the order, exemption, notice, direction or decision. Membership of Commission, etc. 11. (1) Members of the Commission who held office and members of any committee appointed under the Malaysian Aviation Commission Act 2015 before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, cease to hold office or cease to be members of the committee, as the case may be. Malaysian Aviation Commission (Dissolution) 9 (2) A n y m e m b e r o f t h e C o m m i s s i o n , e x c e p t f o r the Secretary General of the Ministry of Transport shall not, within two years from the date of coming into operation of this Act, enter into any contract of service or carry out or be involved in any business or other activity carried on for the purpose of gain, in or relating to, aviation, unless with written approval of the Minister. (3) Any member of the Commission who, before the date of coming into operation of this Act, ceased to be a member of the Commission, shall continue not to enter into any contract of service or carry out or be involved in any business or other activity carried on for the purpose of gain, in or relating to, aviation until the expiry date of two years from the date of his cessation, unless with written approval of the Minister. Continuance of proceedings 12. (1) Any proceedings or cause of action by or against the Commission pending or exists before the date of coming into operation of this Act may be continued or instituted by or against the Authority as the proceedings or cause of action might have been continued or instituted by or against the Commission if this Act had not been passed. (2) Any appeal brought, or any leave to appeal applied for, on or after the date of coming into operation of this Act, against a decision given before the date of coming into operation of this Act in any legal proceedings in which the Commission was a party may be brought by or against the Authority as the appeal or leave of appeal might have been brought or applied by or against the Commission if this Act had not been passed. Continuance of laws, etc. 13. (1) Subject to this Act, all written laws including subsidiary legislation in force before the date of coming into operation of this Act shall, until amended or revoked, continue in force and be construed as if this Act had not been passed. 10 Laws of Malaysia Act 856 (2) Any reference to the Commission in any written law including subsidiary legislation or document shall be construed as a reference to the Authority. Vesting of property, etc. 14. (1) Subject to this Act, the Minister may, from time to time, by order published in the Gazette, appoint a vesting date and on such date all properties, rights, interests, obligations and liabilities of the Commission specified by the Minister in the order shall, by virtue of this Act, be transferred to and vested in the Authority without any conveyance, assignment or transfer. (2) Every property, rights, interest, obligation and liability transferred to and vested in the Commission shall be transferred to and vested in the Authority for the like title, estate or interest and on the like tenure as the property, rights, interest, obligation and liability were vested or held before the vesting date. (3) Any land which before the date of coming into operation of this Act were vested in the Commission shall, on the vesting date, be vested in the Authority. (4) Where by virtue of subsection (1), any property transferred to and vested in the Authority, the provisions of Part Thirty of the National Land Code [Act 828] shall, for the purpose of effecting the registration of such vesting, apply to the Authority. (5) Any property and asset other than land which before the date of coming into operation of this Act were vested in the Commission shall, on the vesting date, be vested in the Authority. (6) In the case of properties, rights, interests, obligations and liabilities arising under any loan which are vested in the Authority on the vesting date, the Authority may enter into agreements or arrangements over the properties, rights, interests, obligations and liabilities with any other person.