Section 3
Section 3
(1)
The Minister may make such regulations as he considers necessary or expedient to give effect to and for the better carrying out of the objects and purposes of this Act, to provide generally for regulating civil aviation and for carrying out the Chicago Convention, any Annex to it and any amendments of such Convention and Annexes.
(2)
Without prejudice to the generality of subsection (1), and without prejudice to this Act, the Minister may make regulations making provision for—
(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;
(b)
the registration and marking of aircraft in Malaysia;
(c)
imposing conditions before any aircraft shall be allowed to fly including conditions relating to air worthiness, maintenance and repair, of such aircraft;
(d)
requiring persons performing prescribed functions in relation to the operation or maintenance of aircraft to be the holders of licences or certificates of specified kinds and providing for the
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grant, revocation, extension, validation, suspension or variation of such certificates or licences;
(dd)
the licensing, inspection and regulation of aerodromes, for access to aerodromes and places where aircrafts have landed and for prohibiting or regulating the use of unlicensed aerodromes;
(e)
regulating the use of, or restricting the entry to, aerodromes, aircraft factories or maintenance establishments or such other place as may be expedient including places where aircraft parts and engines are maintained;
(f)
prescribing the conditions under which, and in particular the aerodromes to or from which, aircraft entering or leaving
Malaysia may fly, and the conditions under which aircraft may fly from one part of Malaysia to another;
(g)
prescribing the conditions under which passengers and cargo may be carried by air and under which aircraft may be used for other commercial, industrial or gainful purposes, and prohibiting the carriage by air of goods of such classes as may be prescribed;
(h)
minimizing or preventing interference with the use or effectiveness of apparatus used in connection with air navigation and prohibiting or regulating the use of such apparatus and the display of signs and lights liable to endanger aircraft;
(i)
generally securing the safety, efficiency and regularity of air navigation and the safety of aircraft and of persons and cargo carried in it, and preventing aircraft endangering other persons and property;
(j)
requiring persons engaged in, or employed in or in connection with, air navigation to supply meteorological information for the purposes of air navigation;
(k)
regulating the making of signals and other communications by or to aircraft and persons carried in it;
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(l)
prescribing a civil air ensign for Malaysia and regulating its use;
(m)
prohibiting or restricting aircraft from flying over such areas in
Malaysia as may be prescribed;
(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;
(nn) (Deleted by Act A1497);
(o)
prescribing the fees to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or the undergoing of any examination or test required by regulations made under this Act and in respect of any other matters in respect of which it appears to the Minister to be expedient for the purpose of regulations made under this Act to charge fees;
(p)
exempting from the provisions of regulations made under this Act or any of them any aircraft, flights or persons or classes of aircraft, persons or flights;
(q)
the investigation in such manner as may be prescribed, including by means of a tribunal established for the purpose, of any accident either occurring in Malaysia or occurring to Malaysian aircraft;
(r)
prohibiting access to or interference with aircraft to which an accident has occurred, and authorizing any person, so far as may be necessary for the purpose of an investigation, to have access to, remove, take measures for the preservation of, or otherwise deal with any such aircraft;
(s)
requiring any person who owns an aircraft or who carries on the business of operating aircraft for reward to furnish such information relating to the aircraft, the crew, the mails, the passengers, and the cargo carried, other work performed by the
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aircraft, the journeys made by the aircraft and such traffic reports, cost statistics and financial statements, showing amongst other things, all receipts and the sources of it, as may be prescribed; and
(t)
prescribing the powers, including powers of arrest, that may be exercised by the members of the crew of an aircraft, in relation to persons on board the aircraft, for the purpose of ensuring the safety of the aircraft or its passengers, crew or cargo or otherwise for the purposes of this Act or regulations made under this Act.
(2A)
Subject to subsection (4), regulations made under this section may provide for the imposition of the following penalties:
(a)
where the offence is committed by an individual, a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or
(b)
where the offence is committed by a body corporate, a fine not exceeding one hundred thousand ringgit.
(3)
In the case of a regulation made in pursuance of paragraph (2)(m), may also provide for the taking of such steps (including firing on aircrafts) as may be specified in regulations made under this Act.
(4)
Notwithstanding subsection (3), any regulations made in pursuance of paragraph (2(a) may provide for the imposition of the following penalties:
(a)
in the case of a first offence—
(i)
where the offence is committed by an individual, a fine not exceeding fifty thousand ringgit or imprisonment for a term not exceeding three years or both; or
(ii)
where the offence is committed by a body corporate, a fine not exceeding one hundred thousand ringgit; or
(b)
in the case of a second or subsequent offence—
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(i)
where the offence is committed by an individual, a fine not exceeding one hundred thousand ringgit or imprisonment for a term not exceeding five years or both; or
(ii)
where the offence is committed by a body corporate, a fine not exceeding one hundred and fifty thousand ringgit.