CIVIL AVIATION (AMENDMENT) ACT 2017

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

General amendment

by substituting for the words “Department of Civil Aviation”

wherever appearing the word “Authority”; and

by substituting for the words “Director General” wherever appearing except in section 2 in the definition of “Director

General” and section 24h the word “Authority”.

Amendment of section 2

by deleting the definition of “Director General”;

by inserting after the definition of “Chicago Convention”

the following definition:

‘ “Chief Executive Officer” means the Chief Executive

Officer of the Authority;’; and

by inserting after the definition of “airport” the following definition:

‘ “Authority” means the Civil Aviation Authority of Malaysia established under the Civil Aviation

Authority of Malaysia Act 2017 [Act 788];’.

Amendment of Part Ia

in subsection (1), by substituting for the words “on him by this Act” the words “on the Authority by this Act and the Civil Aviation Authority of Malaysia Act 2017”;

and

in subsection (4), in the English language text, by substituting for the word “himself” the word “itself”.

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Deletion of section 2d

in subsection (2)—

by inserting after paragraph (a) the following paragraph:

“(aa) regulating security of the civil aviation including the establishment of national security programme or any other security programme;”;

by substituting for the full stop at the end of paragraph (t) the words “; and”; and

by substituting for subsection (2a) the following subsection:

“(2a)  Any regulations made under this section may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one million ringgit or imprisonment for a term not exceeding ten years or both for such offence.”; and

by deleting subsection (4).

Amendment of section 4

in subsection (1), by substituting for the words

“ten thousand ringgit” the words “one hundred thousand ringgit”; and

in subsection (2), by substituting for the words

“ten thousand ringgit” the words “one hundred thousand ringgit”.

Deletion of Part IIIa

in subsection (1), by substituting for the words

“three years or to a fine not exceeding fifty thousand ringgit” the words “five years or to a fine not exceeding one hundred thousand ringgit”; and

in subsection (2)—

in paragraph (a), by substituting for the words

“fifty thousand ringgit or to imprisonment for a term not exceeding three years” the words

“one hundred thousand ringgit or to imprisonment for a term not exceeding five years”; and

in subsection (1)—

by inserting after the word “Minister” the words

“on such terms and for such time as the Minister thinks necessary”;

the company granted with a licence under section 24a to cease to provide any services within an aerodrome or otherwise;

by substituting for subsection (3) the following subsections:

“(3)  The Minister shall, as soon as practicable and in such manner as the Minister thinks fit, after exercising his powers under paragraph (1)(a)—

direct the Authority to take temporary possession of aerodrome or any part of aerodrome; and

direct the Authority or any other person—

to provide any services within an aerodrome or otherwise;

For the purposes of subsection (3), the person referred to in paragraph (1)(a)—

A decision, order or direction of the Minister in the exercise of his powers under this section shall be final and shall not be challenged, appealed against, reviewed, quashed or questioned in any court.

Any person who fails to comply with the order or direction of the Minister under subsection (1) or (3)

or any person who contravenes subsection (4)

commits 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.

The Federal Government, the Authority and its employees and agents shall not be liable for any action for breach of contract or for any loss or damage occasioned by any order or direction of the Minister under subsection (1) or (3) or the requirement under subsection (4).

The persons referred to in paragraph (1)(a) and their employees and agents shall not be liable for any action for breach of contract or for any loss or damage occasioned by any order or direction of the Minister under subsection (1) or (3) except where the order or direction of the Minister under subsection (1) or (3)

was caused by—

The Authority may authorize any of its employee who is appointed to carry out its functions under paragraph 16(1)(a),

The Authority shall issue an authority card to its employee who is appointed to carry out its functions under paragraph 16(1)(a), (b), (c), (d) or (e) of the Civil Aviation

Authority of Malaysia Act 2017.

The employee of the Authority when acting against any person under this Act, the Civil Aviation Authority Act 2017 or any subsidiary legislation made under this Act shall, on demand, declare his office and produce his authority card.”.

Amendment of section 24ld

by substituting for subsection (1) the following subsection:

“(1)  For the purpose of ascertaining compliance with this Act or any subsidiary legislation made under this Act, an authorized officer—

shall have access to any aircraft, aerodrome, aeronautical product, aviation facility, security equipment, place or building;

may inspect any aircraft, aerodrome, aeronautical product, aviation facility, security equipment, place or building;

may conduct any test on any aircraft, aerodrome, aeronautical product, aviation facility or security equipment;

may inspect, make copies of or take extract from any book, minute book, register, certificate, licence, permit, approval, authorisation, permission or other document issued by the

Authority, aviation documents or any other documents required to be kept by the Authority or necessary for the purpose of ascertaining compliance with this Act or any subsidiary legislation made under this Act; and

may, by notice in writing, require any person to produce to him any books, minute books, registers or other documents in the custody or control of that person.” and

by substituting for subsection (2) the following subsection:

“(2)  For the purposes of subsection (1), the authorized officer may use any equipment, articles or devices belonging to the Authority.”.

Amendment of section 24le

refuses to give access to any aircraft, aerodrome, aeronautical product, security equipment, aviation facility, place or building to any authorized officer;

or

Civil Aviation (Amendment)

assaults, obstructs, hinders or delays any authorized officer, in exercising his powers under this Act, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.”.

Amendment of section 24m

by renumbering the existing section as subsection (1);

by inserting after the renumbered subsection (1) the following subsections:

“(2)  Where a person convicted in respect of any offence under this Act or any subsidiary legislation made under this Act is a body corporate, it shall only be punished with the fine provided for such offence.

For the purposes of this section, “a director of a body corporate” includes—

the safety of any aircraft operation in Malaysia and the operation of Malaysian aircraft outside Malaysia;

the inspection, overhaul, repair, replacement, modification or maintenance of aircraft or aircraft components;

any matter relating to persons issued with any licence, certificate, permit, approval, authorisation, permission or other document issued under this Act or under any subsidiary legislation made under this Act; or

the operation and management of an aerodrome.

Every safety directive issued under this Act shall be published by the Chief Executive Officer in such manner as in his opinion will ensure that the safety directive is brought to the attention of the person who has to comply with the safety directive.

Any person who contravenes any safety directive commits 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.

Safety regulatory oversight 24q.  (1)  The Chief Executive Officer or any authorized officer may, at any time, conduct safety regulatory oversight to determine the compliance with this Act or any subsidiary legislations made under this Act.

Notwithstanding any other written law, the Chief Executive

Officer or any authorized officer conducting safety regulatory oversight shall have the power to—

Any expenses incurred by reason of anything done during, or incidental to any safety regulatory oversight under this Act or any subsidiary legislations made under this Act shall be paid by and recoverable from a certificate holder, licensee, permit holder or any person who has been given approval, authorisation or permission.

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Any person who refuses to comply with any request, demand or order made by the Chief Executive Officer or any authorized officer acting or purporting to act under this section, commits an offence and shall, on conviction be liable to a fine not exceeding two hundred thousand or to imprisonment for a term not exceeding five years or to both.”.

Transitional provision