Section 3 — LAND PUBLIC TRANSPORT (AMENDMENT) ACT 2017

(2)

An application for a licence under this section shall be made to the Commission in the form and manner as determined by the Commission and shall be accompanied by the prescribed application fee and such information and documents as may be specified by the Commission.

(3)

The applicant shall provide to the Commission complete information of his financial standing to prove his ability to maintain and operate the intermediation business.

(4)

Subject to this Act, the Commission may, on an application for a licence under this section—

(a)

grant the application in full or in part or with such modifications as the Commission thinks fit, and, upon payment of the prescribed fee, issue a licence to the applicant; or

(b)

refuse the application.

(5)

Every licence issued under this section shall set out the duration of the licence and the Commission may attach to the licence conditions that include—

(a)

the type and extent of intermediation business to be operated or provided by the intermediation business licensee;

(b)

the general level of service to be provided to persons using services provided by the intermediation business;

(c)

the measures to safeguard the safety and security of persons using services provided by the intermediation business; and

(d)

the standards of performance to be complied with by the intermediation business licensee in the operation of the intermediation business.

(6)

The Commission may, at any time, add, cancel or vary any of the conditions attached to a licence issued under this section.

(7)

The issuance of a licence by the Commission under subsection (4) shall not impose any liability on the Commission for any loss or damage occasioned by any act, omission or default of the intermediation business licensee.

(8)

A person who contravenes subsection (1) 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 three years or to both.

(9)

An intermediation business licensee who fails to comply with any of the conditions attached to the licence under subsection (5) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Land Public Transport (Amendment)

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Renewal of licence 12b. (1) Subject to subsections (2) and (3), the Commission may, on an application by the intermediation business licensee, renew the licence on such conditions as the Commission thinks fit or refuse the application.

(2)

An application for the renewal of a licence under subsection (1) shall be made at least ninety days before the date of expiry of the licence and shall be accompanied by the prescribed renewal fee and such documents as may be specified by the Commission.

(3)

If the applicant fails to comply with subsection (2) and offers no reason which the Commission thinks reasonable, the

Commission may refuse to proceed with, hear or determine such application.

(4)

Where no application for renewal of a licence has been submitted, the intermediation business licensee shall, within fourteen days from the date of expiry of the licence, return the licence to the Commission.

Application for variation 12c. On an application by an intermediation business licensee for a variation of the licence or the conditions of the licence, the Commission shall have full power in its discretion—

(a)

to grant the application in full or in part;

(b)

to refuse the application; or

(c)

to order any variation of the licence or the conditions of the licence other than the variation specified in the application.

Revocation or suspension of licence 12d. (1) The Commission may, by written notice to the intermediation business licensee and without any compensation, revoke or suspend any licence issued under section 12a—

(a)

if any of the provisions of this Act or any of the conditions of the licence has not been complied with;

(b)

if the issuance of the licence was induced by a false representation of fact by or on behalf of the intermediation business licensee; or

(c)

in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the intermediation business licensee or, where a receiver or manager is appointed in relation to the business of providing intermediation business by the intermediation business licensee:

Provided that the Commission—

(A)

in the case of paragraph (a), may in lieu of revocation or suspension of the licence appoint a third party to rectify the non-compliance and recover the costs of such rectification from the intermediation business licensee;

(B)

in the case of a breach of any of the conditions of the licence under paragraph (a), shall not revoke or suspend the licence unless it is satisfied, after giving the intermediation business licensee an opportunity of making any representation in writing he may wish to make, that owing to the frequency of the breach, or to the breach having been committed wilfully or the danger to the public involved in the breach, the licence should be revoked or suspended; or

(C)

in the case of a breach of any of the provisions of this Act under paragraph (a), or paragraph (b) or

(c)

, shall not revoke or suspend the licence unless it is satisfied that, after giving the intermediation business licensee an opportunity of making any representation in writing he may wish to make, the licence should be revoked or suspended.

(2)

Where a licence—

(a)

has been revoked, it shall have no effect from the date of revocation and the intermediation business licensee shall within fourteen days from the date of revocation of the licence return the licence to the Commission; or

Land Public Transport (Amendment)

(b)

has been suspended, any intermediation business licensee which continues to operate or provide an intermediation business during the period of suspension, shall be guilty of an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Transfer of licence prohibited 12e. (1) Subject to subsection (3), a licence issued under section 12a shall be personal to the intermediation business licensee thereof, and shall not be transferred or assigned.

(2)

An intermediation business licensee who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

(3)

Notwithstanding paragraph 12d(1)(c), the Commission may, in the event of the death, incapacity, bankruptcy or, in the case of a company, liquidation of the intermediation business licensee or, where a receiver or manager is appointed in relation to the business of providing intermediation business of such intermediation business licensee or, where for any reason the

Commission is satisfied that it would be unjust not to do so, authorize the transfer of such licence.

Duty of intermediation business licensee to keep records, etc.

Quoted provision

Section 12f

(2)

An intermediation business licensee who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Duty of intermediation business licensee to inform Commission 12g. (1) It shall be the duty of every intermediation business licensee, at all times, to inform the Commission immediately of the following matters:

(a)

any proceedings or claims instituted or made against the intermediation business licensee which might have an adverse effect on his financial condition or on his ability to perform any condition under the licence;

(b)

any reprimands or fines imposed on the intermediation business licensee by any Government Entity; and

(c)

any change in the control of the intermediation business licensee.

(2)

For the purposes of this section, “control”, in relation to an intermediation business licensee, means having the power, directly or indirectly, to direct the management and policy of the intermediation business licensee.

(3)

An intermediation business licensee who fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine of not less than one thousand ringgit but not more than ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.”.

Amendment of section 21