Malaysia legislation
Section 2
Section 2
(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;
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“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:
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(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 take-off 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.
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