Section 3

by inserting after the definition of “aerodrome”

the following definition:

‘ “prescribed” means prescribed by regulations made under this Act;

“air traffic right” means—

in relation to domestic routes, the right of an airline licensed by the Authority to provide air services on scheduled journeys within

Malaysia, and includes the points to be served, the type of aircraft to be used and the capacity to be provided; or

in relation to international routes, the right of an airline licensed by the Authority and designated, nominated or otherwise authorized by the Government to provide air services on scheduled journeys from, to or over a country under an air services agreement, and includes the points to be served, the route on which the air services are to be provided, the type of aircraft to be used and the capacity to be provided;

“committee” means any committee established by the Authority under section 11 or 36zl;’;

by inserting after the definition of “Minister” the following definitions:

‘ “public service obligation” means the provision of service for the carriage by air or the use of any aircraft for the carriage of passengers, mail or cargo for hire or reward on a scheduled journey between aerodromes—

where one or more aerodromes serve a region within Malaysia that is remote or sparsely populated or is faced with significant

Civil Aviation Authority of Malaysia (Amendment)

5

accessibility issues arising from its geographical peripherality or lack of adequate surface transport alternatives; or

serving a route which is considered to be vital for the economic and social development of

Malaysia or to be in the national interest, which airlines would not assume if the airlines solely considering their commercial interest;

“licensee” means a person licensed under this Act;

“permit holder” means a person holding a permit under this Act;’;

by inserting after the definition of “Chairman” the following definitions:

‘ “consumer” means a person who acquires or uses any aviation service for personal use and does not acquire or use the service primarily for the purpose of resupplying the service or providing any aviation service;

“scheduled journey” means one of a series of journeys which is undertaken between the same two places and which together amount to a systematic services;

“non-scheduled journey” means a journey that is not a scheduled journey;

“aviation service” means any of the following services:

the carriage of passengers, mail or cargo for hire or reward by air or by the use of any aircraft between two or more places, of which at least one place is in Malaysia;

the provision of any of the ground handling services in Malaysia as specified in the Second Schedule;

the operation of 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;

any other service determined by the Authority to be necessary or expedient for the carriage of passengers, mail or cargo referred to in paragraph (a), whether or not such service is provided by a licensee, permit holder or otherwise;

“air transport service” means a commercial air service that is operated for the purpose of transporting persons, personal belongings, baggage, goods or cargo in an aircraft between two points;’;

in the definition of “Authority”, by substituting for the full stop at the end of the definition a semicolon; and

by inserting after the definition of “Authority” 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.’.

Amendment of section 5