Section 18 — CIVIL AVIATION (AMENDMENT) ACT 2017

(a)

in subsection (1)—

(i)

by inserting after the word “Minister” the words

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

(ii)

by substituting for paragraph (a) the following paragraph:

“(a) order—

(i)

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

(ii)

the person licensed by the

Malaysian

Aviation

Commission under section 37 of the Malaysian

Aviation Commission Act 2015 to cease to provide ground handling services; or

(iii)

the person licensed by the

Malaysian Aviation Commission under section 38 of the Malaysian

Aviation Commission Act 2015

to cease to operate an aerodrome;

or”; and

(iii)

in paragraph (b), by substituting for the word

“airport” the word “aerodrome”; and

Civil Aviation (Amendment)

(b)

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)—

(a)

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

(b)

direct the Authority or any other person—

(i)

to provide any services within an aerodrome or otherwise;

(ii)

to operate an aerodrome; or

(iii)

to provide ground handling services.

(4)

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

(a)

shall hand over the control or possession of—

(i)

any services within an aerodrome or otherwise;

(ii)

operation of an aerodrome; or

(iii)

ground handling services; and

(b)

shall take all such measures and provide all such assistance, to any officer authorized by the Authority for that purpose or any other person referred to under paragraph (3)(b).

(5)

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.

(6)

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.

(7)

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).

(8)

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—

(a)

the negligence or wilful act of the person referred to in paragraph (1)(a) and their employees or agents; or

(b)

a breach by the person referred to in paragraph (1)(a) of the terms and conditions of his licence or the provisions of this Act or any subsidiary legislation made under this Act.”.

Substitution of section 24la