Malaysia legislation
Section 51
Section 51
(1)
An enterprise may apply to the Commission for an exemption with respect to a particular agreement from the prohibition under section 49.
(2)
The Commission may, by order published in the Gazette, grant the exemption if, in the opinion of the Commission, the agreement is one to which section 50 applies.
(3)
An exemption granted under this section is referred to as an
“individual exemption”.
(4)
The individual exemption granted by the Commission may be—
(a)
subject to any condition or obligation as the Commission considers it appropriate to impose; and
(b)
for a limited duration as specified in the order.
(5)
An individual exemption may provide for the exemption to have effect from a date earlier than that on which the order is made.
(6)
If the Commission is satisfied that—
(a)
there has been a material change of circumstances from the time when the Commission granted the individual exemption; or
(b)
an obligation has been breached, the Commission may, by order published in the Gazette—
(i)
cancel the individual exemption;
(ii)
vary or remove any condition or obligation; or
(iii)
impose additional condition or obligation.
Malaysian Aviation Commission 49
(7)
If the Commission is satisfied that—
(a)
the information on which the Commission based its decision to grant an individual exemption is false or misleading in a material particular; or
(b)
any condition has been breached, the Commission may, by order published in the Gazette, cancel the individual exemption.
(8)
Any action taken by the Commission under subsection (6)
shall have effect from the date the order is made.
(9)
An individual exemption which is cancelled—
(a)
by virtue of paragraph (7)(a) shall be void ab initio; or
(b)
by virtue of paragraph (7)(b) shall have effect from the date the condition is breached.
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