Malaysia legislation
Section 16
of CIVIL AVIATION AUTHORITY OF MALAYSIA (AMENDMENT) ACT 2024
Section 16
The principal Act is amended by inserting after section 42
the following sections:
“Civil aviation industry audit 42a. (1) The Authority may, at any time, carry out or appoint an auditor to carry out an audit on any aspect of the civil aviation industry including airport operations and related services.
(2)
The Authority shall, as soon as possible, send a copy of the auditors’ report to the Minister and the Minister shall cause the report to be laid before both Houses of Parliament.
Returns, reports, accounts and information 42b. (1) The Authority shall furnish to the Minister and any public authority as may be specified by the Minister such returns, reports, accounts and information in respect of its activities and finances as the Minister may from time to time require or direct.
(2)
The Authority shall, as soon as practicable after the end of each financial year, cause to be made and transmitted to the Minister, and if so directed by the Minister, to any other public authority a report dealing with the activities of the Authority during the preceding financial year.
(3)
The returns, reports, accounts and information shall be in such form and shall contain such information relating to the proceedings and policy of the Authority and any other matter as the Minister may from time to time specify.
Conduct of prosecution 42c. No prosecution for any offence under this Act shall be instituted except with the consent in writing of the Public Prosecutor.
Offences by body corporate 42d. (1) Where a person convicted in respect of any offence under this Act is a body corporate, the body corporate shall only be punished with the fine provided for such offence.
(2)
Where an offence against this Act or any regulations made under this Act has been committed by a body corporate, any person who at the time of the commission of the offence was a director, a chief executive officer, an officer, an employee, a representative or the secretary of the body corporate or was purporting to act in such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in its management—
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
shall be deemed to have committed that offence unless he proves that the offence was committed without his consent or connivance and that he exercised all such due diligence to prevent the commission of the offence as he ought to have exercised, having regard to the nature of his functions in that capacity and to all the circumstances.
(3)
Where a person who is an employee of a body corporate contravenes any provision of this Act, the body corporate shall be deemed to have contravened such provision.
(4)
For the purposes of this section, “officer” in relation to a director of a corporation, includes—
(a)
a person occupying or acting in the position of a director of the corporation, by whatever name called, and whether or not validly appointed to occupy or duly authorized to act in the position;
(b)
a person in accordance with whose directions or instructions the directors of the corporation are accustomed to act; and
Civil Aviation Authority of Malaysia (Amendment)
(c)
if the corporation is incorporated outside Malaysia—
(i)
a member of the corporation’s board;
(ii)
a person occupying or acting in the position of director of the corporation’s board, by whatever name called, and whether or not validly appointed to occupy or duly authorized to act in the position; and
(iii)
a person in accordance with whose directions or instructions the members of the corporation’s board are accustomed to act.”.
Amendment of section 43