CIVIL AVIATION (AMENDMENT) ACT 2015

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

General amendment

in the national language text, by inserting before the definition of “anak kapal” the following definitions:

‘“aerodrom” ertinya mana-mana kawasan tanah atau air, termasuklah apa-apa lapangan terbang, lapangan terbang kecil (termasuklah lapangan terbang kecil air), lapangan helikopter, bangunan, pepasangan dan kelengkapan, untuk digunakan secara keseluruhan atau sebahagiannya bagi pendaratan, pelepasan atau pergerakan kapal udara;

“aerodrom Kerajaan” ertinya mana-mana aerodrom di bawah kawalan Menteri dan termasuklah mana-mana aerodrom Angkatan Tentera atau tentera pelawat;’;

in the English language text, by substituting for the definition of “aerodrome” the following definition:

‘“aerodrome” means any area of land or water, including any airport, airstrip (including water airstrip), heliport, building, installation and equipment, for the use wholly or partly for the arrival, departure or movement of aircraft;’;

in the national language text, by deleting the definition of “krew”;

by substituting for the definition of “airport” the following definition:

‘“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;’;

in the national language text, by deleting the definitions of “padang terbang” and “padang terbang Kerajaan”; and

by inserting after the definition of “Government aerodrome”

the following definition:

‘“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;’.

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Amendment of section 3

by substituting for paragraph (a) the following paragraph:

“(a) regulating the use of aircrafts on flights for hire or reward by establishing a system of certification or otherwise in respect of technical and safety matters;”;

by substituting for paragraph (n) the following paragraph:

“(n) prescribing the charges and fees payable to the

Department of Civil Aviation as required under this Act and the manner for collecting and disbursing such charges and fees;”; and

by deleting paragraph (nn).

Substitution of section 5a

authorize any person to establish 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; and

authorize any person to establish, and license any person to maintain or operate, an aerodrome in Malaysia for the take-off and landing of any aircraft engaged in the carriage of passengers, mail or cargo not for hire or reward.

For the purpose of subsection (1), the Minister may impose such terms and conditions as he thinks fit.

Any person who establishes an aerodrome without an authorization or maintains or operates an aerodrome without a licence under subsection (1) shall be guilty of 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.

Any person who fails to comply with any of the terms and conditions imposed under subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.”.

Amendment of section 24a

by substituting for subsection (1) the following subsection:

“(1) The Minister may grant a licence to a company nominated by the Government of Malaysia under this section to provide any services within an aerodrome or otherwise, other than the ground handling services and operation of an aerodrome which are subject to the

Malaysian Aviation Commission Act 2015 [Act 771].”;

and

by deleting paragraph (2)(c).

Amendment of section 24f

In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Director General.

Powers of enforcement, inspection and investigation 24lb. 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.

Power to require information 24lc. (1) The authorized officer may make an order under subsection (2) against any person if he has reasonable grounds to believe that person—

The order under subsection (1) may require the person—

The person so ordered under subsection (1) shall—

A person who fails to comply with an order of the authorized officer under this section shall be guilty of an

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offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

Power to conduct inspection 24ld. (1) For the purpose of ascertaining compliance with this Act, the authorized officer 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 Director General or necessary for the purpose of ascertaining compliance with this Act.

For the purposes of this section, the authorized officer may by notice in writing require any person to produce to him such books, minute books, registers or other documents as are in the custody or under the control of that person.

Any person who—

Any person against whom a compliance order is made shall comply with the order.

A compliance order may require a person to refrain from conduct which is in contravention of this Act or to take actions required to be taken in order to comply with this Act.

A compliance order shall be made in writing specifying the grounds for its making.

Tipping off 24lh. (1) Any person who—

Nothing in subsection (1) makes it an offence for an advocate and solicitor or his employee to disclose any information or other matter—

Subsection (2) does not apply in relation to any information or other matter which is disclosed with a view to furthering any illegal purpose.

In proceedings against a person for an offence under this section, it is a defence to prove that—