Section 1
(2)
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 2
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MALAYSIAN AVIATION COMMISSION (AMENDMENT) ACT 2018 is Malaysia Amendment Act, cited as Amendment Act A1559 2018, currently marked in force and first recorded in 2018.
Opening note
This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.
Amendment of section 2
The Malaysian Aviation Commission Act 2015 [Act 771], which is referred to as the “principal Act” in this Act, is amended in section 2 by substituting for the definition of “air traffic right”
the following definition:
‘ “air traffic right” means—
in relation to domestic routes, the right of an airline licensed by the Commission to provide air services on scheduled journeys within Malaysia, and includes the points to be served, the type of aircraft to be used and the capacity to be provided; or
MALAYSIAN AVIATION COMMISSION
(AMENDMENT) ACT 2018
in relation to international routes, the right of an airline licensed by the Commission and designated, nominated or otherwise authorized by the Government to provide air services on scheduled journeys from, to or over a country under an air services agreement, and includes the points to be served, the route on which the air services are to be provided, the type of aircraft to be used and the capacity to be provided;’.
Amendment of section 18
Subsection 18(2) of the principal Act is amended by inserting after paragraph (f) the following paragraph:
“(fa) to impose and collect charges on passengers at airports in Malaysia for regulatory services rendered by the
Commission pursuant to this Act;”.
Amendment of section 36
English language text, by substituting for the words “and under”
the words “and in accordance with”.
Amendment of section 65
Section 65 of the principal Act is amended by inserting after subsection (3) the following subsections:
“(4) The Commission may impose a financial penalty for any non-compliance of any guidelines issued under this section—
where such person is an individual, to an amount not exceeding one million ringgit; or
where such person is a body corporate, to an amount not exceeding five per cent of the body corporate’s annual turnover from the preceding financial year.
Malaysian Aviation Commission (Amendment)
For the purpose of this section—
“financial year” means the period in respect of which any financial statement is made up whether that period is a year or not;
“annual turnover” means the aggregate of all sums received in the course of the business during financial year, as stated or otherwise shown in the accounts of the business, including grants from any Federal Government or State Government.”.
Amendment of section 66
Subsection 66(1) of the principal Act is amended by substituting for the words “procured by the Ministry of Transport” the words
“for both domestic and international routes”.
Amendment of section 69
in paragraph (d), by deleting the word “and” at the end of the paragraph; and
by inserting after paragraph (d) the following paragraph:
“(da) the determination of fees or charges imposed on consumers by providers of aviation services;
and”.
Amendment of section 98
Paragraph 98(2)(k) of the principal Act is amended by inserting after the words “disbursing such fees” the words “, which includes to exempt fully or partially the payment of any fees and charges payable to the Commission under this Act by any aircraft, flight or person or classes of aircrafts, flights, or persons on such terms and conditions as the Commission thinks fit.”.
New section 98a
The principal Act is amended by inserting after section 98
the following section:
“Power to issue guidelines, circulars, directives, etc.
Quoted provision
Every guideline, circular, directive, practice note or notice issued under this Act or the subsidiary legislation made under this Act shall be published by the Commission in such manner as to ensure that the guideline, circular, directive, practice note or notice is brought to the attention of the person who has to comply with such guideline, circular, directive, practice note or notice.
The Commission may impose a financial penalty for any non-compliance of any guideline, circular, directive, practice note or notice issued under this section—
where such person is an individual, to an amount not exceeding one million ringgit; or
where such person is a body corporate, to an amount not exceeding five per cent of the body corporate’s annual turnover from the preceding financial year.
The Commission may revoke, vary, revise or amend the whole or any part of any guideline, circular, directive, practice note or notice issued under this section.
For the purpose of this section—
“financial year” means the period in respect of which any financial statement is made up whether that period is a year or not;
Malaysian Aviation Commission (Amendment)
7
“annual turnover” means the aggregate of all sums received in the course of the business during financial year, as stated or otherwise shown in the accounts of the business, including grants from any Federal Government or State Government.”.
KUALA LUMPUR