Act 771 Malaysian Aviation Commission 2015
Act 771 Malaysian Aviation Commission 2015
Act 771 Malaysian Aviation Commission 2015
Act 771
MALAYSIAN AVIATION
COMMISSION ACT 2015
As at 1 August 2018
2
LAWS OF MALAYSIA
Act 771
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
Section
PART II
THE COMMISSION
Section
PART III
PART IV
PART V
FINANCE
PART VI
PART VII
COMPETITION
Division 1
Interpretation and application
47. Interpretation
48. Application of this Part
Division 2
Anti-competitive agreement
Section
Division 3
Abuse of dominant position
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
PART VIII
PART IX
PART X
CONSUMER PROTECTION
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
Section
PART XIII
GENERAL
PART XIV
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
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LAWS OF MALAYSIA
Act 771
PART I
PRELIMINARY
Interpretation
which airlines would not assume if they were solely considering their
commercial interest;
“appointed date” means the date of this Act comes into operation.
PART II
THE COMMISSION
(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—
(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
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.
16 Laws of Malaysia ACT 771
(c) not less than four but not more than six other members
who shall be appointed by the Minister after
consultation with the Prime Minister, and who, in the
opinion of the Minister, have experience or shown
capacity and professionalism in matters relating to
economics, finance, aviation, business, administration,
law or any other matter relevant to the functions of the
Commission.
Alternate members
Tenure of office
(2) The Minister may, at any time, revoke the appointment of any
member of the Commission specified in paragraph 5(1)(c) after
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Vacation of office
(a) if he dies;
(b) if there has been proved against him, ore he has been
convicted on, a charge in respect of―
(b) he shall not, within two years from the cessation of his
membership, 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 services.
Committees
Disclosure of interest
First Schedule
14. The provisions of the First Schedule shall apply to the members
of the Commission and the members of a committee appointed under
section 12.
Code of conduct
*
NOTE— This Act has repealed the Companies Act 1965 [Act 125] w.e.f.
31 January 2017
24 Laws of Malaysia ACT 771
16. (1) Upon receipt of the matter under subsection 15(3), the
Disciplinary Panel shall—
PART III
18. (1) The Commission shall have the power to do all things
necessary or expedient for or in connection with the performance of
its functions under this Act.
20. (1) The Commission may, in writing, delegate its functions and
powers which relate to operational matters only to—
(b) a committee.
22. The Prime Minister may appoint temporarily any member of the
Commission to act as the Executive Chairman for the period—
(c) when the Executive Chairman is, for any other reason,
unable to perform the duties of his office.
(2) In this section, the term “officers” includes the Chairman and
the Deputy Chief Executive.
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PART III
23. The Commission may, from time to time, employ such number
of employees as the Commission thinks desirable and necessary and
upon such terms as it considers appropriate.
(2) The Commission shall have disciplinary authority over all its
employees and shall exercise disciplinary control over the employees.
(5) The regulations prescribed under this section may create such
disciplinary offences and provide for such disciplinary punishments
as the Commission may consider appropriate, and the punishments so
provided may extend to dismissal and reduction in rank.
PART V
FINANCE
(d) all moneys derived from the sale, disposal, lease or hire,
or any other dealing with, any property, mortgages,
charges or debentures vested in or acquired by the
Commission;
(3) The Public Service Fund shall be expended for the purposes
of paying any airlines performing public service obligations and any
expenditure lawfully and directly incurred by the Commission in
administering and managing the public service obligations.
Bank accounts
Power to borrow
30. The Commission may, from time to time, borrow in such form
and on such terms as may be approved by the Minister, with the
concurrence of the Minister of Finance, any money required by the
Commission for meeting any of its obligations or discharging any of
its functions or powers under this Act.
Investment
31. The moneys of the Fund, insofar as they are not required to be
expended by the Commission under this Act, may be placed in such
capital-guaranteed investments as the Minister may, with the
concurrence of the Minister of Finance, approve.
Financial procedure
32. Subject to this Act, the Commission shall determine its own
financial procedure.
Financial year
34. (1) The Commission shall cause proper accounts of the Fund
and the Public Service Fund and reports of its activities to be kept
and shall, as soon as practicable after the end of each financial year,
cause to be prepared for that financial year—
PART VI
(3) Any person who undertakes to carry by air or uses any aircraft
for the carriage of passengers, mail or cargo for hire or reward in
contravention of this section commits an offence and shall, on
conviction, be liable to a fine not exceeding one million ringgit or to
imprisonment for a term not exceeding ten years or to both; and in the
case of a continuing offence, the offender, in addition to the penalty
provided in this subsection, shall be liable to a fine not exceeding
fifty thousand ringgit for every day during which the offence
continues after conviction.
36. (1) No person shall undertake to carry by air or use any aircraft
for the carriage of passengers, mail or cargo for hire or reward on a
non-scheduled journey between two or more places of which at least
one place is in Malaysia except under and in accordance with an air
service permit granted by the Commission.
(3) Any person who fails to comply with this section commits an
offence and shall, on conviction, be liable to a fine not exceeding one
million ringgit or to imprisonment for a term not exceeding three
years or to both; and in the case of a continuing offence, the offender,
in addition to the penalty provided in this subsection, shall be liable
to a fine not exceeding fifty thousand ringgit for every day during
which the offence continues after conviction.
(2) Any person who fails to comply with this section commits an
offence and shall, on conviction, be liable to a fine not exceeding one
million ringgit; and in the case of a continuing offence, the offender,
in addition to the penalty provided in this subsection, shall be liable
to a fine not exceeding fifty thousand ringgit for every day during
which the offence continues after conviction.
39. (1) An applicant for a licence or permit under this Act shall
submit an application in the form and manner together with such
documents and information as may be determined by the
Commission.
(2) The application shall be accompanied by such fees as may be
prescribed by the Commission.
(4) Where the Commission is not satisfied that the applicant has
fulfilled the requirements, the Commission shall afford the applicant
an opportunity to amend, rectify or supplement his application within
such time as may be determined by the Commission.
42. (1) Subject to subsections (2) and (3), the Commission may,
on an application by a licensee or permit holder, renew such person’s
licence or permit on such conditions as the Commission thinks fit or
refuse the application.
(3) If the applicant fails to comply with subsection (2) and offers
no reason which the Commission thinks reasonable, the Commission
may refuse to proceed with, hear or determine such application.
(4) It shall be the duty of each air service licensee or air service
permit holder to inform the Commission, not later than two days after
the occurrence of the event specified in subsection (3), of the
occurrence of that event and the effective date of that event and
surrender the air service licence or air service permit issued under this
Part to the Commission in accordance with subsection (5).
(2) The surrender of the licence or permit shall take effect six
months from the date the Commission receives the notice under
subsection (1) or on such other date as may be specified by the
Commission.
(a) take all such measures and provide all such assistance as
may be required by the Commission pursuant to the
surrender of the licence or permit; and
PART VII
COMPETITION
Division 1
Interpretation
Division 2
Anti-competitive agreement
Prohibited agreement
(i) production;
(iv) investment; or
Relief of liability
Individual exemption
(8) Any action taken by the Commission under subsection (6) shall
have effect from the date the order is made.
(b) by virtue of paragraph (7)(b) shall have effect from the date
the condition is breached.
Block exemption
(d) the block exemption shall cease to have effect at the end
of a period specified in the order; or
Division 3
Division 4
Mergers
Mergers
(a) ownership of, or the right to use all or part of, the assets of
the enterprise; or
Notification of merger
56. (1) A party involved in a merger which applies for the merger
to be considered under this section shall—
Division 5
Interim measures
(c) to do, or refrain from doing, any act, but which shall not
require the payment of money.
(5) A notice under subsection (4) shall indicate the nature of the
direction which the Commission proposes to give and its reasons for
giving the direction.
(b) twelve months from the date the direction was given,
whichever is earlier.
Finding of non-infringement
Finding of an infringement
(4) The Commission shall prepare and publish reasons for each
decision it makes under this section.
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Leniency regime
(a) whether the enterprise was the first person to bring the
suspected infringement to the attention of the
Commission;
61. (1) The Commission may bring proceedings before the High
Court against any person who fails to comply with a direction given
by the Commission under section 57 or a decision under section 59.
(3) For the purposes of subsection (2), where the High Court
finds that the failure to comply with the decision includes a failure to
pay a penalty within the specified period, the High Court shall, in
addition to ordering that person to pay the penalty, order the person to
pay interest at the normal judgment rate running from the day
following that on which the payment was due.
62. (1) The Commission may, subject to the conditions that the
Commission may impose, accept from an enterprise an undertaking
to do or refrain from doing anything as the Commission considers
appropriate.
Division 6
General
63. (1) The Commission may, on its own initiative or upon the
request of the Minister, conduct a review into any aviation service
market in order to determine whether any feature or combination of
features of the market prevents, restricts or distorts competition in the
market.
64. (1) Any person who suffers loss or damage directly as a result
of an infringement of any prohibition under this Part shall have a
right of action for relief in civil proceedings in a court under this
section against any enterprise which is or which has at the material
time been a party to such infringement.
65. (1) The Commission may issue and publish such guidelines as
may be expedient or necessary for the better carrying out of the
provisions of this Part.
(4) The Commission may impose a financial penalty for any non-
compliance of any guidelines issued under this section―
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PART VIII
Slot allocation
67. (1) The Commission shall have the powers to do any or all of
the following:
(3) For the purposes of this section, “slot allocation” means the
allocation of time slots for the purpose of granting aircraft access to
aerodrome facilities for landing and taking-off at specific dates and
times.
PART IX
68. (1) The Commission shall advise the Minister with regard to the
policy for public service obligations.
PART X
CONSUMER PROTECTION
Consumer code
Consumer complaint
73. (1) A decision given by the Commission under this Part, upon
application to the High Court to be registered as a judgment of the
High Court, shall be enforced as such.
PART XI
DISPUTE RESOLUTION
Disputes
75. If the parties to the dispute fail to resolve the dispute through
mediation within the time specified under subsection 74(2), the
Commission shall commence to decide on the dispute.
Decisions to be in writing
(2) The Commission shall provide the parties to the dispute with
a copy of its decision as soon as practicable.
Registration of decisions
Enforcement of decisions
(2) For the purposes of subsection (1), if the High Court finds that
a person referred to in the decision has failed to comply with the
decision, the High Court shall make an order requiring such person to
comply with the decision.
PART XII
Authorized officer
80. The authorized officer shall have all the powers of a police
officer of whatever rank as provided for under the Criminal
Procedure Code [Act 593], except the power to arrest without
warrant, in relation to enforcement, inspection and investigation, and
such powers shall be in addition to the powers provided for under this
Act and not in derogation thereof.
81. (1) The authorized officer may make an order under subsection
(2) against any person if he has reasonable grounds to believe that
that person—
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(2) The order under subsection (1) may require the person—
82. (1) For the purpose of ascertaining compliance with this Act
or breach of code of conduct under section 15 or consumer code
under section 69, the Commission shall have access to any place or
building and may inspect and make copies of or take extracts from
any book, minute book, register or other documents required to be
kept by the Commission or necessary for the purpose of ascertaining
compliance with this Act.
Power to investigate
Compliance order
85. (1) Where the authorized officer is satisfied that a person has
committed or is likely to commit an offence or has infringed or is
likely to infringe a prohibition against this Act, he may make a
compliance order under this section.
Tipping off
PART XIII
GENERAL
three months beginning from the date on which the decision was
communicated to him, appeal to the High Court.
89. (1) The Commission may, at any time, carry out or appoint an
auditor to carry out an audit on any aspect of the civil aviation
industry including airport operations and related services.
90. (1) The Commission shall furnish to the Minister, and any
public authority as may be specified by the Minister, such returns,
reports, accounts and information with respect to its activities and
finances as the Minister may, from time to time, require or direct.
and policy of the Commission and any other matter as the Minister
may, from time to time, specify.
Conduct of prosecution
Obligation of secrecy
94. (1) Except for any of the purposes of this Act or for the
purposes of any civil or criminal proceedings under any written law
or where otherwise authorized by the Commission–
97. The Public Authorities Protection Act 1948 [Act 198] shall
apply to any action, suit, prosecution or proceedings against the
Commission or a member of the Commission, a member of a
committee, and an employee or agent of the Commission in respect
of any act, neglect or default done or committed by him in good faith
or any omission omitted by him in good faith in such capacity.
(3) Regulations made under this section may prescribe any act
in contravention of the regulations to be an offence and may prescribe
penalties of a fine not exceeding five hundred thousand ringgit or
imprisonment for a term not exceeding five years or both for such
offence.
98A. (1) For the purposes of this Act or the subsidiary legislation
made under this Act, the Commission may issue guideline, circular,
directive, practice note or notice as it considers appropriate to
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PART XIV
100. (1) Every person who, before the appointed date, held a valid
licence or permit issued to him under the Civil Aviation Act 1969 or
the Civil Aviation Regulations 1996, or any air traffic right allocated
to him for domestic or international service by the Ministry of
Transport, shall continue to be authorized under this Act until the
expiry date of the licence, permit or right and subject to the terms and
conditions attached to the licence, permit or right.
(3) The Commission may alter the terms and conditions attached
to the licence, permit or right authorized under subsection (1) for the
purpose of bringing them into conformity with the policy of the
Commission regarding the imposition of conditions on licensing and
permit under this Act.
103. (1) A person shall only be authorized to carry out the services
and activities stipulated in any agreement and supplementary
agreement in respect of ground handling services for a period of one
year from the appointed date or such other periods as may be
extended by the Commission if the person lodges a certified copy of
the agreement and supplementary agreement with the Commission
within six months from the appointed date or such other period as
may be extended by the Commission.
Existing agreements
104. (1) A person shall be authorized to carry out the services and
activities stipulated in an agreement in respect of public service
obligations and any operating or concession agreement until the
expiry date of the agreement and subject to the terms and conditions
attached to the agreements.
Existing agreements
FIRST SCHEDULE
[Section 14]
MEETINGS
The Commission
1. (1) The Commission is to hold as many meetings as are necessary for the
efficient performance of its functions and such meetings are to be held at such
times and places as the Executive Chairman may determine.
(2) The Executive Chairman shall ensure that there shall be not less than three
meetings of the Commission in a year.
(a) by the Executive Chairman and at least four other members of the
Commission one of whom shall be a member specified in paragraph
5(1)(b); or
(7) Any member of the Commission may request for the holding of or
participation in any meeting by means of instantaneous telecommunication device
such as telephone, video conferencing or other electronic means of audio or audio-
visual communications. The contemporaneous linking together by such
instantaneous telecommunication device of a number of members sufficient to
constitute a quorum, despite the fact that the members are not present together in
one place at the time of the conference, shall constitute a duly convened and
constituted meeting, provided that—
(b) all the members of the Commission shall have received notice of such
meeting and the means by which the meeting will be conducted;
(c) each of the members of the Commission taking part in the meeting by the
instantaneous telecommunication device must be able to hear each of the
other members taking part at the commencement and for the duration of
the meeting; and
(d) at the commencement of the meeting and prior to the voting on any
resolution, each member of the Commission must acknowledge his
presence for the purpose of the meeting to all of the other members taking
part.
2. (1) The Commission may invite any other person to attend any meeting or
discussion of the Commission for the purpose of advising it on any matter under
discussion but any person so attending shall have no right to vote at the meeting or
discussion.
(2) Any person invited to attend any meeting or discussion of the Commission
under subparagraph (1) may be paid such allowances and other expenses as the
Commission may determine.
Minutes
(2) Any minutes made of meetings of the Commission shall, if duly signed,
shall be admissible in evidence in all legal proceedings without further proof.
Procedure
5. Subject to this Act, the Commission may regulate its own procedure.
6. No act done or proceeding taken under this Act shall be questioned on the
ground of―
(a) any vacancy in the membership of, or any defect in the constitution
of, the Commission;
(b) any omission, defect or irregularity not affecting the merits of the
case.
7. Every member of the Commission shall devote such time to the business of
the Commission as may be necessary to discharge his duties effectively.
The Committee
Meetings
1. (1) The committee is to hold as many meetings as are necessary for the
efficient performance of its functions and such meetings are to be held at such
times and places as the chairman of the committee may determine.
(2) The chairman of the committee shall preside at a meeting of the committee.
Malaysian Aviation Commission 93
2. (1) The committee may invite any other person to attend any meeting or
discussion for the purpose of advising it on any matter under discussion.
Minutes
(2) A committee shall cause copies of the minutes of all its meetings to be
signed and submitted to the Commission as soon as practicable.
(3) Any minutes made of meetings of the committee shall, if duly signed, be
admissible in evidence in all legal proceedings without further proof.
Procedure
4. Subject to this Act, the committee may regulate its own procedure.
94 Laws of Malaysia ACT 771
SECOND SCHEDULE
[Section 37]
(a) representation and liaison services with local authorities or any other
entity, disbursements on behalf of the airport user and provision of
office space for its representatives;
(d) any other supervision services before, during or after the flight; and
(a) the external and internal cleaning of the aircraft, and the toilet and
water services;
(b) the cooling and heating of the cabin, the removal of snow and ice, the
de-icing of the aircraft;
(c) the rearrangement of the cabin with suitable cabin equipment, the
storage of the equipment.
(c) the provision and administration of spare parts and suitable equipment;
(d) the request for or reservation of a suitable parking and/or hangar space.
(a) preparation of the flight at the departure airport or at any other point;
(b) storage of food and beverages and of the equipment needed for the
preparation of food and beverages;
(d) preparation and delivery of equipment as well as of bar and food supplies.
9. Baggage handling, comprising handlimg baggage in the sorting area sorting it,
preparing it for departure, loading it onto and unloading it from the devices
designed to move it from the aircraft to the sorting area and vice versa, as well as
transporting baggage from the sorting area to the reclaim area.
10. Freight and mail handling as regards the physical handling of freight and
mail whether incoming, outgoing or being transferred, between the air terminal and
the aircraft.
(d) the loading and unloading of the aircraft, including the provision and
operation of suitable means, as well as the transport of crew and
passengers between the aircraft and the terminal, and baggage transport
between the aircraft and the terminal;
(e) the provision and operation of appropriate units for engine starting;
(f) the moving of the aircraft at arrival and departure, as well as the
provision and operation of suitable devices;
(g) the transport, loading on to and unloading from the aircraft of food and
beverages.
13. Any other services as may be determined by the Commission from time to
time.
Malaysian Aviation Commission 97
THIRD SCHEDULE
[Section 48]
LAWS OF MALAYSIA
Act 771
LIST OF AMENDMENTS
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LAWS OF MALAYSIA
Act 771