Malaysia legislation

Section 43

of *MALAYSIAN AVIATION COMMISSION ACT 2015

Section 43

The Commission may, by written notice to a licensee or permit holder and without any compensation, revoke or suspend a licence or permit granted or issued under this Part—

(a)

if any of the provisions of this Act or any of the conditions of the licence or permit has not been complied with;

(b)

if the issuance of the licence or permit was induced by a false representation of fact by or on behalf of the applicant, licensee or permit holder;

(c)

in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the licensee or permit holder or, where a receiver or manager is appointed in

Malaysian Aviation Commission 41

relation to the business of such licensee or permit holder;

or

(d)

if it is satisfied that the licence or permit granted or issued under this Part has been or is intended to be used for an unlawful purpose or that the original purpose for which the licence or permit was granted or issued no longer exists.

(2)

The Commission shall not revoke or suspend a licence or permit unless it is satisfied that, after giving the licensee or permit holder an opportunity of making any representation in writing he may wish to make, the licence or permit should be revoked or suspended.

(3)

Notwithstanding subsection (1), in the event that an air service licensee or air service permit holder ceases to hold a valid air operator certificate, the air service licence or air service permit issued under this Part shall be deemed to be revoked with effect from the date the air service licensee or air service permit holder ceases to hold an air operator certificate.

(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).

(5)

Where a licence or permit—

(a)

has been revoked, the licence or permit shall have no effect from the date of revocation and the licensee or permit holder shall within fourteen days from the date of revocation of the licence or permit return the licence or permit, as the case may be, to the Commission; or

(b)

has been suspended, licence or permit shall have no effect during the period of suspension.

42 Laws of Malaysia ACT 771

Surrender of licence or permit