Malaysia legislation

Section 59

of *MALAYSIAN AVIATION COMMISSION ACT 2015

Section 59

Finding of an infringement

(a)

shall require that the infringement to be ceased immediately;

(b)

may specify steps which are required to be taken by the infringing enterprise, which appear to the Commission to be appropriate for bringing the infringement to an end;

Malaysian Aviation Commission 59

(c)

may impose a financial penalty which shall not exceed ten percent of the worldwide turnover of the enterprise over the period during which an infringement occurred;

or

(d)

may give any other direction as it deems appropriate.

(2)

The Commission shall, within fourteen days of making a decision under this Part, notify any person affected by the decision and the person may, within fourteen days of the date of the notice, apply to the Minister for the applicable commercial activity, agreement, merger or anticipated merger, as the case may be, to be exempted from the prohibition on the ground of any public interest consideration.

(3)

The Minister may revoke the exemption granted under subsection (2) if the Minister has reasonable grounds for suspecting that the information on which he based his decision was incomplete, false or misleading in a material particular.

(4)

The Commission shall prepare and publish reasons for each decision it makes under this section.

Leniency regime

Section 59 — MALAYSIAN AVIATION COMMISSION ACT 2015