Section 28
New sections 24p and 24q
of CIVIL Aviation (Amendment) Act 2017
The principal Act is amended by inserting after section 24o the following sections:
“Safety directive 24p. (1) The Chief Executive Officer may issue any safety directive relating to any aspect of safety or security in civil aviation, including—
(a)
the safety of any aircraft operation in Malaysia and the operation of Malaysian aircraft outside Malaysia;
(b)
the inspection, overhaul, repair, replacement, modification or maintenance of aircraft or aircraft components;
(c)
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
(d)
the operation and management of an aerodrome.
(2)
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.
(3)
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.
(2)
Notwithstanding any other written law, the Chief Executive
Officer or any authorized officer conducting safety regulatory oversight shall have the power to—
(a)
access and inspect any aircraft, aerodrome, aeronautical product, security equipment, aviation facility, place or building;
(b)
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 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;
(c)
take photographs of the premises, goods, baggage, package and any other property or material found thereon;
or
(d)
conduct any test that the Chief Executive Officer or any authorized officer considers necessary.
(3)
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.
Civil Aviation (Amendment)
(4)
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.”.