Section 16 — MALAYSIAN AVIATION COMMISSION ACT 2015

(1)

Upon receipt of the matter under subsection 15(3), the

Disciplinary Panel shall—

(a)

inform the member of the Commission or the committee in writing of the acts of the alleged breach of the code of conduct; and

(b)

give the member of the Commission or the committee an opportunity to make a written representation within a period of thirty days from

24 Laws of Malaysia ACT 771

the date he is informed of the alleged breach of the code of conduct.

(2)

The Disciplinary Panel shall consist of the following persons:

(a)

in the case of disciplinary proceedings against any member of the Commission, three persons to be appointed by the Prime Minister; or

(b)

in the case of disciplinary proceedings against any member of the committee, three persons to be appointed by the Executive Chairman.

(3)

The appointment of the members of the Disciplinary Panel shall be on an ad hoc basis.

(4)

If, after considering the member of the Commission’s or the committee’s representation, if any, the Disciplinary Panel finds that—

(a)

there is no merit in the matter, the Disciplinary Panel shall dismiss the matter and notify the Commission and the member of the Commission or the committee of its decision; or

(b)

there is merit in the matter, invite the member of the

Commission or the committee to appear before the

Disciplinary Panel to be heard.

(5)

If, after due consideration of the representation made by the member of the Commission or the committee who appears before the

Disciplinary Panel pursuant to paragraph (4)(b), the Disciplinary

Panel is satisfied that—

(a)

the breach is proven, the Disciplinary Panel may recommend to the Prime Minister or the Commission, as the case may be, that the member of the

Commission or the committee be removed from being a member; or

Malaysian Aviation Commission 25

(b)

the breach is not proven, the Disciplinary Panel shall dismiss the matter.

(6)

After receiving the recommendation of the Disciplinary Panel under paragraph (5)(a), the Prime Minister or the Commission, as the case may be, shall revoke the appointment of the member of the

Commission or the committee and impose a financial penalty of not less than ten thousand ringgit and not more than five hundred thousand ringgit.