Civil Aviation Act 1969

Original Language Title: Civil Aviation Act 1969

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003b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 3 CIVIL AVIATION ACT 1969 Contains all amendments to 1 January 2006 003b.fm Page 1 Monday, March 27, 2006 11:53 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH CIVIL AVIATION ACT 2006 2 1969
The Date Of Royal Assent............ February 15, 1969 date of publication in the Gazette of ... ... more February 27, 1969 REPRINT BEFORE Reprinting the first......... 1992 Reprint the second......... 2000 003b.fm Page 2 Monday, March 27, 2006 11:53 pm civil aviation 3 laws of MALAYSIA Act 3 ARRANGEMENT of CIVIL AVIATION ACT 1969 SECTION part I preliminary section 1. Short title and application 2. Interpretation Part IT TASKS And FUNCTIONS Of The DIRECTOR-GENERAL Of CIVIL AVIATION MALAYSIA 2A. Director General Of Civil Aviation Malaysia 2B. Duties and functions of Director General 2 c. Delegation of powers, duties and functions of Director General of the 2D. Card power PART II CIVIL AVIATION REGULATION 3. Power to give effect to the Convention of Chicago and regulate civil aviation 4. Dangerous flight PART III ESTABLISHMENT and MAINTENANCE of AERODROME 5. The establishment of the aerodrome by the Minister 003b.fm Page 3 Monday, March 27, 2006 11:53 pm 4 laws of Malaysia Act 3 Section 5A. The Minister may allow a company that has the license set up, etc., aerodrome 6. Trespassing in a licensed aerodrome or aerodrome IIIA DIVISION Government CIVIL AVIATION FUND 6A. Commencement Part IIIA 6B. Interpretation 6 c. The Establishment Of The Fund Of Civil Aviation 6 D. Money required to be paid to 6E. The use of money Fund 6F. The authority of the Minister of finance to prescribe development expenditure from the funds of 6 g. Money of the surplus in Fund 6. Repayment of monies allocated and payments flowers 6I. Financial policy with respect to the civil aviation service 6J. 6 K Trading Account. Use 6 l profits. Get money 6 m. Report Minister to Parliament 6N. 6O audit. Exclusion Of PART IV CONTROL IMPEDANCE To The AERODROME 7. A sign of the existence of impedance close to the aerodrome 8. The power to declare a controlled area 9. The power to prohibit or regulate the construction and planting of trees stand in the controlled area 10. Notice to move or change the buildings, trees and other vegetation growing in the controlled area 003b.fm Page 4 Monday, March 27, 2006 11:53 pm civil aviation 5 section 11. Authority to enter land 12. Damage caused by perendahan or building or tree removal which costs 13. Damage due to enter the land in accordance with section 11 14. Compensation due to missing land value 15. Procedure of settling claims for compensation under section 12, 13 and 14 16. Specific offences and penalties 17. Power to make rules 18. (Cut)
Part V OBLIGATIONS BECAUSE Of DAMAGE CAUSED By AIR SHIP 19. Trespass, nuisance and responsibility for damage to 20. Nuisance caused by air ships at the aerodrome PART VI DETENTION of SHIP AIR 21. Ship air and part thereof are exempt from confiscation on demand patent 22. Arrest conditioning PART VII KARAMAN and RESCUE 23. Karaman and rescue PART VIII RESTRICTIONS on CLAIMS for DAMAGES and COMPENSATION 24. Restrictions on claims for damages and compensation 003b.fm Page 5 Monday, March 27, 2006 11:53 pm 6 laws of Malaysia Act 3 PART VIIIA LICENSE to PROVIDE AIRPORT SERVICES and AVIATION Section 24A. Power of Minister to give license for airport and aviation service 24B. Fees and charges collected by the company licensed 24C. Submission of the memorandum for any changes to the fees and charges of the existing 24D. The Minister shall make regulations with respect to changes to the fees and charges 24E. General obligations the company licensed 24F. A violation of the license terms 24G. (Cut) 24 h. Director-General inspection powers 24I. Suspension or cancellation of license for violating the license terms 24J. Suspension or cancellation of licence for violations of this Act or the regulations thereunder 24 k. Special powers during the emergency 24L. Use, occupation, etc., of land in Malacca and Pulau Pinang under article 166 (3) of PART IX of the VARIOUS 24M. Offences by body corporate 24N. Power to compound 24O. Publication of notices, etc.
25. Adoption outside the province for subsidiary legislation 26. Error 27. Air ship 27A. (Cut) 003b.fm Page 6 Monday, March 27, 2006 11:53 pm civil aviation 7 part X TRANSITION Section 28. Repeal of certain laws and the provision of saving TABLE 003b.fm Page 7 Monday, March 27, 2006 11:53 AM 003b.fm Page 8 Monday, March 27, 2006 11:53 pm 9 laws of MALAYSIA Act 3 CIVIL AVIATION ACT 1969 an act for holding legal provisions better with respect to civil aviation and for matters related to and associated with it.
[Throughout Malaysia — February 27, 1969; Part IIIA: Peninsular Malaysia — 1 May 1975, P.U. (B) 163/1975] BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part I preliminary short title and application 1. This Act may be cited as the Civil Aviation Act 1969 and shall apply throughout Malaysia.
Interpretation 2. (1) in this Act, unless the context otherwise requires — "crew" includes every person employed or employed in a ship which is in the air on a flight the air ship arrangements;
"goods" includes mail and animals; "building" includes any House, warehouse, offices, shops, schools and any other buildings, whether permanent or temporary, whether used for the purpose of watching 003b.fm Page 9 Monday, March 27, 2006 11:53 pm 10 laws of Malaysia Act 3 human or otherwise, and also any wall, fence, pole, rig, platform gates, pillars of stone, columns, frames, hard Board, bridges, cables, wires or any other artificial obstruction set up high from the level of the Earth;
"Malaysian air ship" means a ship which is registered in air elsewhere in Malaysia;
"air ship" means a ship air military service for the armed forces and includes any air ship controlled by a member of the armed forces in carrying out his duties as a member of it;
"regulated area" means an area designated as a controlled area under section 8;
"loss or damage", in respect of a person, including the loss of life and disaster to the body;
"Director General" means the Director General of civil aviation of Malaysia;
"Chicago Convention" means the Convention on International Civil Aviation concerning the made in Chicago on 7 December 1944;
"crew" includes every person employed or employed in a ship which is in the air on a flight the air ship arrangements;
"airport" includes land and buildings contained within an aerodrome;
"erect" in respect of a particular construction including additions or changes to any of the existing building;
"freight" means property that can be moved which are carried in the air vessels;
"aerodrome" means an area of land or water that has been planned, equipped, separated or who are typically used to provide facilities to ship air landing and departure;
"aerodrome Government" means any aerodrome under the control of the Minister and includes any aerodrome armed forces or army of users;
003b.fm Page 10 Monday, March 27, 2006 11:53 AM 11 civil aviation "licensed company" means a company to which a licence issued by the Minister under subsection 24 (1);
"land" includes land covered by water and any right in or over land.
(2) any reference in this Act of any country or territory shall, unless the context otherwise requires, shall be construed as including a reference about the waters of the province, if any, the border with the country or territory and the airspace over the country or the region and on regional waters adjoining to it.
PART Of IT Is The DUTIES And FUNCTIONS Of The DIRECTOR-GENERAL Of CIVIL AVIATION MALAYSIA Director-General Of Civil Aviation Malaysia 2A. Director General of civil aviation Malaysia shall perform the duties and functions assigned to it under this Act.
Duties and functions of Director General of 2B. The duty and function of the Director-General — (a) to carry out the regulatory function in respect of civil aviation and airport services and aviation, including standard setting and enforcement;
(b) to represent the Government in respect of civil aviation matters and to make all things necessary for this purpose;
(c) to ensure the development of civil aviation in a safe and orderly nationwide;
(d) to promote the development of roads, airport and air flight air for civil aviation;
003b.fm Page 11 Monday, March 27, 2006 11:53 AM 12 laws of Malaysia ACT 3 (e) to promote the airport service procurement and efficient flight by licensed companies; and

(f) to enhance the interests of consumers and airlines airport service in Malaysia in terms of prices charged for, and the quality and diversity of services conducted by licensed companies.
Delegation of powers, duties and functions of Director General 2 c. (1) the Director may, in writing, delegate any of the powers, duties and functions conferred upon him by this Act.
(2) any person to whom a power, duty or function delegated under subsection (1) shall comply with all conditions and restrictions imposed by the Director General and all the requirements, procedures and matters specified by the Director General.
(3) any power. duties or functions are delegated under subsection (1) shall be carried out, are granted or executed on behalf of the Director General.
(4) a delegation under this section does not preclude the Director-General immediately thereupon lankan predecessors i, perform or performing at any time any of the powers, duties or functions delegated it.
(5) a delegation under this section may be revoked or changed at any time by the Director General.
2D power card. Any person when acting under this Act shall, upon request, to declare his Office, and submit to the person against whom he is acting or from whom he requires any power card information as directed by the Director-General so that carried by the officer.
003b.fm Page 12 Monday, March 27, 2006 11:53 AM 13 PART II civil aviation CIVIL AVIATION REGULATORY authority to give effect to the Convention of Chicago and regulate civil aviation 3. (1) the Minister may make such regulations as he may deem necessary or expedient to give effect to and to carry out the objects and purposes of this Act with better yet, to hold generally for regulating civil aviation and to implement the Convention Chicago, any attachment to the Convention and any amendment to the Convention and the attachment.
(2) without prejudice to the generality of subsection (1), and this Act, the Minister may make regulations to provide for — (a) regulating, by holding a licensing system or with other roads, the use of in-flight air ship to earn wages;
(b) the registration and marking of air ship in Malaysia;
(c) impose conditions before an air ship may be allowed to make a flight, including conditions relating to airworthiness, maintenance and repair of the air vessels;
(d) require the person carrying out the functions laid down in connection with the exercise or maintenance ship air become a licensee or holder of a certificate of the type specified and provide in respect of granting, cancellation, extension, verification, suspension or variation of the certificate or licence;
(dd) licensing, inspection and regulation of access to the aerodrome, aerodrome and place where air ships have landed and to prohibit or regulate the use of the aerodrome is not licensed;
003b.fm Page 13 Monday, March 27, 2006 11:53 pm 14 laws of Malaysia ACT 3 (e) regulate the use, or blocked from entering into, aerodrome, air or ship factory maintenance or such other place as may be thought expedient including the place where the air ship engine parts and maintained;
(f) prescribing the conditions that followed him, and in particular on the aerodrome to whom or thereof, the ship's air in or leaving Malaysia can make flights, and conditions according to air ship can fly from one side in the other parts of Malaysia;
(g) prescribing the conditions according to passengers and freight can be carried by air and air vessels which can be used for the purpose of commercial, industrial or other that can generate profit others, and prohibits the carriage by air of goods of such classes as may be prescribed;
(h) reduce or avoid interrupted the use or effectiveness of apparatus used in connection with air flights and prohibit or regulate the use of such apparatus and signal lamp designation and that could harm the air vessels;
(i) generally warrant the security, efficiency, and regularity of flights air and ship security air and people as well as the load carried and avoid air ship from harm other persons and property;
(j) require the person employed or employed, or in connection with, air flight so that provide information study weather for the purpose of aerial flights;
(k) regulating the granting of signals and other communications by or to ships and people brought;
003b.fm Page 14 Monday, March 27, 2006 11:53 pm civil aviation 15 (l) established an banner-the banner of civil aviation for Malaysia and regulate its use;
(c) prohibit or restrict the air ship from making flights on any area in Malaysia as may be prescribed;
(n) prescribing fees and charges include landing ship is air that may be paid as a result of the use of a licensed aerodrome under the rule and in the aerodrome of the Government, and for services held at the aerodrome and provide to get the charges and fees;
(nn) prescribing fees and charges for services rendered in an airport or otherwise and to make provisions to get the charges and fees;
(o) prescribing fees required to be paid in respect of the issue, validation, renewal, extension or variation of any certificate, licence or other document or in respect of the conduct of any examination or test required by regulations made under this Act and in respect of any other matter that is found by the Minister as an expedient to impose fees for the purposes of regulations made under this Act;
(d) exempt any ship air, flight or persons or classes of persons or ships, the air, the flight from the provisions of regulations made under this Act or any whatsoever thereof;
(q) investigate any accident occurring in Malaysia or happens to Malaysian air ship in the manner as may be prescribed, including by means of a tribunal established for that purpose;
(r) prohibiting access or interference to ships that have been stricken air accidents, and allow any person, to the extent necessary for the purposes of an investigation, to have access to, removing, taking step to maintain, or with the way other arrange, wherever the air vessels;
003b.fm Page 15 Monday, March 27, 2006 11:53 pm 16 laws of Malaysia ACT 3 (s) require any person who has a ship or air that carries on the business to carry out air liner to get wages to provide any information in respect of air ships, crew, mail, passengers and load carried, other work carried out by the air ship, the journey made by the air ship and any trading statement statistics on expenses and financial statements, showing among other things, all acceptance as well as the cause, as may be prescribed; and (t) prescribing the powers, including the power of arrest, which can be carried out by members of the crew of an air vessel, in respect of a person who is in the air ship, for the purpose of determining the safety of the ship or air passengers, crew or muatannya or with the other way for the purposes of this Act or regulations made under this Act.
(2A) subject to subsection (4), regulations made under this section may provide for the imposition of penalties on the following: (a) if the offence committed by an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both; or (b) if the offence committed by a body corporate, to a fine not exceeding one hundred thousand ringgit.
(3) for a given set of regulations made pursuant to paragraph (2) (m), can also provide to take any steps (including firing ship air) as specified in the regulations made under this Act.
(4) Notwithstanding subsection (3), any regulations made pursuant to paragraph (2) (a) may provide for the following penalties: (a) in the case of a first offence — (i) if the offence committed by an individual, to a fine not exceeding fifty thousand 003b.fm Page 16 Monday, March 27, 2006 11:53 pm civil aviation 17 ringgit or to imprisonment for a term not exceeding three years or to both; or (ii) if the offence committed by a body corporate, to a fine not exceeding one hundred thousand dollars; or (b) in the case of the offence for the second time or time later — (i) if the offence committed by an individual, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both; or (ii) if the offence committed by a body corporate, to a fine not exceeding one hundred and fifty thousand ringgit.
Dangerous flying

4. (1) If an air ship flew with such means resulting in the danger of being not fit to any person or property on land or in the water, the driver or person in charge of the air ship, and also the owner, unless he proves up to the satisfaction of the Court that the air ship flew by way of such without the actual fault or privitinya, commits an offence and can, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit, or both.
(2) for the purposes of this section, "owner", in respect of an air ship, includes any person who rent the air ships at the time of the offence.
(3) this section is in addition to, and does not eliminate, any provision made by the Minister under the powers conferred by section 3.
PART III ESTABLISHMENT and MAINTENANCE of AERODROME establishment of the aerodrome by the Minister 5. (1) the Minister may establish and maintain aerodrome, and hold and maintain relevant 003b.fm Page 17 Monday, March 27, 2006 11:53 pm 18 laws of Malaysia Act 3 with it road, direction, apparatus, tools and buildings and other property.
(2) the Minister may for the purpose to exercise the powers conferred by subsection (1) acquire land by consent or in accordance with applicable laws and regulations in force in any part of Malaysia that is relevant in respect of the acquisition of land for public purpose.
(3) the purposes for which the Minister may acquire land under this section includes the intent to ensure that the land adjacent to the construction site of an aerodrome that has been established, or to be created, by Mente r i t will not d igunakan with ca ra which will cause interference or danger or damage to the ship's air in the aerodrome or leading or leaving the aerodrome.
The Minister may allow a company that has the license set up, etc., aerodrome 5A. (1) the Minister may authorize any company that has a license to establish, maintain and operate an aerodrome are subject to the terms and conditions specified.
(2) any person who — (a) to establish, maintain or operate an aerodrome without a license; or (b) fails to comply with any terms and conditions imposed on the licence issued under subsection (1), commits an offence and shall on conviction be — (aa) if that person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both of each; or (bb) if that person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
003b.fm Page 18 Monday, March 27, 2006 11:53 pm civil aviation 19 Raid on licensed aerodrome or aerodrome Government 6. (1) any person who infringe any land forming part of an aerodrome commits an offence and, on conviction, be liable to a fine not exceeding ten thousand dollars: provided that no anyone can be convicted under this section unless it is proved that, at the time in question, notice that gives a warning to intruders about their dependents under this section has been posted , easy to see and read by the public, in place at the border or near the boundaries of the aerodrome as should, in the opinion of the Court.
(2) any person who is the owner or at the time of becoming guardian pets invade land forming part of an aerodrome commits an offence and, on conviction, be liable to a fine not exceeding ten thousand ringgit.
(3) any animal found to be well within the land forming part of an aerodrome can be destroyed by the proprietor aerodrome or by a person authorized by it: provided that if at the time any animals that are in the custody of a person, the beast cannot be destroyed unless that person, once requested to do so, did not issue the beast in a reasonable time in accordance with the circumstances.
(4) (Cut by the A803 Act).
PART IIIA CIVIL AVIATION FUND commencement Part IIIA 6A. This section shall come into operation on such date as the Minister may, by notification in the Gazette and 003b.fm Page 19 Monday, March 27, 2006 11:53 pm 20 laws of Malaysia Act 3 the Minister may set different dates for the commencement of this part for different parts of Malaysia.
Interpretation of 6B. In this section, unless the context otherwise requires — "Development Fund" means the Development Fund specified in the second schedule of the financial Procedure Act 1957 [Act 61];
"civil aviation service" includes all services in connection with air navigation and aerodrome Government except for the purposes of national defence by air and for the purposes of this definition, "aerodrome Government" shall not include any military aerodrome or aerodrome any visiting forces;
"civil aviation authorities" means the Director General of civil aviation Malaysia, and includes an officer authorized by him to perform all or any of the functions granted to the civil aviation authority under this part;
"transfer date" means the date any property specified in a specified airport, which the Government shall have the right to it, will flow to an enterprise by virtue of Act Airport services and air travel (Operator) 1991 [Act 467];
"due date" means the date specified in section 6A and if different date prescribed under that section for different parts of Malaysia, means the date concerned when this section comes into operation for the Malaysia section.
The Establishment Of The Fund Of Civil Aviation 6 C. (1) a fund called civil aviation Fund (hereinafter called "the Fund") was established to be controlled and operated by the Director General in accordance with this section.
003b.fm Page 20 Monday, March 27, 2006 11:53 AM 21 Civil Aviation (2) financial transaction authority for civil aviation shall be processed through the Fund and for this purpose the following with new details are included in the second schedule of the financial Procedure Act 1957 to — "the Fund of civil aviation".
(3) With the establishment of the Fund and notwithstanding subsection 9 (6) Financial Procedure Act 1957, the balance in the trust account with respect to the civil aviation authority except trust accounts Development Fund shall be paid to the Fund.
Money required to be paid to the Fund of 6 d. (1) Notwithstanding the applicable provisions in the financial Procedure Act 1957 and the Development Fund Act 1966 [Act 406] shall be paid from time to time into the Fund — (a) any sums allotted from Consolidated Revenue Account for the purpose of civil aviation services;
(b) any sums allotted from the Development Fund for expenditure for the progress and development of civil aviation services;
(c) all acceptance in respect of any licence issued or any work or service carried out by the civil aviation authority that has been paid or will be paid of — (i) funds the credit of the Fund; or (ii) monies allocated to the civil aviation authority after the date of transfer with respect to civil aviation services;
(d) money received from the sale or lease or rental of any property that is regulated by the civil aviation authority or obtained or produced from — 003b.fm Page 21 Monday, March 27, 2006 11:53 PM 22 laws of Malaysia ACT 3 (i) funds the credit of the Fund; or (ii) any money allocated before date y a n g i n t e r k a t a n b e r k e n a a n d I n g a n civil aviation services;
(e) interest received from investment funds in the credit of the Fund;
(f) money received by the Federation with respect to any matter incidental to the performance of any functions or the exercise of any power granted to the civil aviation authority by this Act; and (g) any other money received by the Federation in any circumstances deemed appropriate by the Minister of finance to be paid into the Fund: provided that in every case of any money received by the civil aviation authorities between 1 January in the year a specified date with the date immediately before the appointed date that will be payable to the Fund under this subsection if the money is received on or after a specified date , shall be accounted for in the Fund, subject to an amount not to exceed the acceptance for a period of six months immediately before the appointed date.
(2) payment of moneys referred to in paragraph (1) (a) and (b) into the Fund shall be made of the amount and at the time as directed by the Minister of finance.
The use of money Fund 6E. (1) Notwithstanding any other provisions in the Act of the financial Procedure Act 1957 and 1966 Development Fund funds the credit of the Fund can be used by the Director General for the purposes of the following:

(a) paying the remuneration of the Director General and other persons employed by the Government in the Department of 003b.fm Page 22 Monday, March 27, 2006 11:53 PM 23 civil aviation civil aviation include contributions to the employee Provident Fund or other schemes approved by the Government in respect of that person;
(b) pay the cost of goods and services acquired for the purpose of civil aviation service and to acquire movable and immovable property incidental to the exercise of the work and services in accordance with this Act;
(c) pay to the consolidated accounts may be by way of reimbursement in respect of — (i) pensions, gratuities and other allowances provided under the pension law to the Director General and other persons employed by the Government in the Department of civil aviation or their dependants;
(ii) interest and other charges and repayment of principal on loans obtained and assigned after the date prescribed for the purposes of civil aviation services; and (iii) any money required to execute any judgement, decision or award of the Federation by any court or tribunal with respect to the conduct of civil aviation services;
(d) payment to settle any liabilities incurred by the Federation of civil aviation services; and (e) payments for any other expenses incurred or received properly by the civil aviation authority in exercise of the powers and functions under this Act: provided that in every case of any payment made by the civil aviation authorities between 1 January in the year a specified date with the date immediately before the appointed date that will be made from the Fund under this subsection if payment is made on or after the date that 003b.fm Page 23 Monday, March 27, 2006 11:53 PM 24 laws of Malaysia Act 3 set, shall be accounted for in the Fund.
(2) funds the credit of the Fund may be invested in accordance with subsection 8 (3) of the financial Procedure Act 1957.
The authority of the Minister of finance to prescribe development expenditure from the funds of the 6F. The Minister of finance, after consultation with the Minister, can be before or within a financial year sets the maximum amount to be paid out of the Fund within that financial year in respect of the development expenditure for the services of civil aviation.
Surplus money in the funds of 6 g. Any amount of money determined by the Minister of finance after consultation with the Minister, shall be paid out of the Fund into the Consolidated Revenue Account as surplus to the requirements of the Fund in a given financial year.
Reimbursement of the money allotted and payment of interest 6. The Minister of finance may if it thinks fit been so made shall — (a) direct that the amount of money paid into the Fund under paragraph 6 d (1) (a) and (b) paid by amount and at the time specified by him to the Consolidated Revenue Account or Fund development;
(b) direct that the amount in the form of interest at such rate as may be determined by him be paid out of the Fund at the time specified by him to the Consolidated Revenue Account upon so much of the amount intended by paragraph (a) that have not been repaid.
003b.fm Page 24 Monday, March 27, 2006 11:53 pm 25 civil aviation policy in respect of civil aviation service 6I. In administering this Act in respect of the Director-General of civil aviation service must follow a policy directed towards achieving the respect of every financial year any financial results as may be prescribed by the Minister after consultation with the Minister of finance.
Trading Account 6J. (1) Notwithstanding the applicable provisions in the financial Procedure Act 1957 and howsoever made and orders issued thereunder, books and accounts of the authority of civil aviation shall be maintained in accordance with the accounting principles and practices generally accepted trading.
(2) all assets and liabilities of the authority of civil aviation on 1 January in the year of a specified date that is not shown in the financial account of the Federation shall be included in the trading account and its net value shall be deemed to be a federal capital invested in the civil aviation authority on that date.
(3) the Director General with the consent of the Treasury shall issue instructions and guidance about how the books and accounts shall be maintained and the form in which the statement of account shall be submitted to the audit.
The use of 6 k profit. Net profit arising from civil aviation service in respect of the financial year shall be used in such manner as the Minister may determine with the consent of the Minister of finance.
Earn money-6 l. every year the Director General shall submit to the Treasury through the Minister's statement of income and expenditure is estimated to be about handling 003b.fm Page 25 Monday, March 27, 2006 11:53 pm 26 laws of Malaysia Act 3 civil aviation service for the next financial year, the total cash required for handling and development expenditure will be done for the service during the year and source from whom the money will be spent is intended to be available. To support the statement of the Director-General shall submit details of the proposed development plan details to be carried out by him in the next financial year and other matters relating to civil aviation service as may be thought fit by Treasury.
Report Minister to Parliament 6 m. The Minister shall cause to be laid before each Parliamentary Council before the beginning of every financial year a statement of the estimated financial results that are expected to be achieved by him in the next financial year together with the details of the proposed development plan and resources of which the plan will be funded.
6N audit. (1) trading account civil aviation authority shall be audited every year by the nation's Auditors and the Audit Act 1957 [Act 62] shall apply.
(2) the Director General shall, not later than 31 March in the following year or from a date then as a d i t imana en tukan o r i Mente. send to the National Financial Auditor the financial statements account trading d i unanimously t da lam subsection (1) that contains the balance sheet, profit and loss statement and other statements required by Treasury.
(3) statement of the audited accounts shall be submitted to the Minister of finance and the Minister of Finance shall direct that the statement laid before each Parliamentary Council.
Exclusion of 6O. Except as otherwise provided in this section of the financial Procedure Act 1957 and the Act Group 003b.fm Page 26 Monday, March 27, 2006 11:53 PM 27 Civil Aviation Development 1966 and any regulations made and directions issued shall apply to the Director General and other persons employed by the Government in the Department of civil aviation.
PART IV CONTROL IMPEDANCE to the AERODROME Sign availability of impedance close to the aerodrome 7. (1) if the Minister is satisfied, with respect to any building, or stand close to an aerodrome, that, in order to guarantee that the air ships, including the ship's Army Air Force, flying near there can be flown safely and efficiently, provision should be made, either by lighting or with others, to give warning to ships the air about the availability of the building , he may, by order signed by him own, allowing the licensee or any person in charge of an aerodrome or any person acting under the direction of the licensee or the person in charge of that — (a) to implement, install, maintain, run and, when circumstances require, fix and change, any work and apparatus as may be necessary to enable such a warning is given in the manner specified in such order; and (b) to the extent necessary for the exercise of any powers conferred by the order entered and skip, either by vehicle or not, any land as specified in the order: provided that no such order may be made in respect of a building if found by the Minister that the arrangements the satisfaction had been made, and are being carried out, to give warning about the availability of the building.
003b.fm Page 27 Monday, March 27, 2006 11:53 PM 28 laws of Malaysia Act 3

(2) the Minister shall, before making such an order, cause to be published, in the manner as he may deem best to notify the person in question, notice of the proposal to make the order and of the place where copies of the draft order i t u b e h o l d i d a p a t i d e a n p e r c u m a , d a n h e n d a k l a h consider any representations in respect of the order which may be made, within such period as may be specified in the notice and such period shall not be less than two months after tersiarnya the notice, to him by any person who appears interested in the land to be affected by the order; and, when the end of this period, the order may, subject to this section, with any modifications, if any, to the original draft as the Minister thinks fit.
(3) every such order shall provide for — (a) that, except in time of emergency, there are no any work may be exercised on any land in accordance with the order unless the licensee or any person in charge of a flying course related to the order is presented, at least fourteen days prior to that, in the manner specified in the order, to the people of the land and to every other person known to the licensee or the person in charge of the aerodrome as stakeholders with it , a written notice containing any details of the type of work proposed, and the manner in which and the time proposed to perform the work as specified by, or pursuant to, the order;
(b) that if, within fourteen days after the notice is served on any person who has an interest in such a licensee or any other person in charge of an aerodrome that received a written notice of objection on the part of the person against the proposals contained in the notice, which is a recent update that mention the objection, then, unless and except the objection withdrawn , 003b.fm Page 28 Monday, April 27, 2006 11:53 AM 29 no civil aviation any act whatsoever may be taken in accordance with the notice with no specific consent from the Minister; and (c) to require the licensee or any person in charge of a flying course associated with the order to pay to any person who has an interest in any land affected by the order any compensation for any loss or damage which may be incurred by that person by reason of such order as may, if no agreement is reached, the Chairperson shall from time to time by a single arbitrator appointed by the Chief Judge of the High Court concerned.
(4) for the purposes of this subsection, any expenses incurred with reasonable in relation to the removal of valid of any apparatus installed in accordance with an order that, and for so many expenses incurred in connection with repair, alter, destroy or remove any construction related to something of the order to the extent caused by the coming into force of the order, shall be deemed to be loss or damage suffered by reason of the order.
(5) ownership of an article cannot be treated as touched solely by reason of the goods is located in, or linked to, any land in accordance with an order as is mentioned earlier; and, subject to subsection (7), as long as the effect of any such order in respect of an aerodrome, no person shall, except with the consent of the licensee or any person in charge of an aerodrome that, intentionally interfere with any works or anything on the knowledge that the person is working or anything performed or placed in, on or over any land in accordance with the order.
(6) if any person violates subsection (5), he commits an offence and, on conviction, be imprisoned for a term not exceeding three years or a fine not exceeding fifty thousand dollars, or both.
(7) nothing-nothing in this section shall have effect, in respect of any construction, thus blocking any 003b.fm Page 29 Monday, March 27, 2006 11:53 AM 30 laws of Malaysia Act 3 what work was done for the purpose of repair, alter, destroy or move the building if — (a) notice for doing work is given as soon as may be to the licensee or any person in charge of an aerodrome; and (b) are not disturbed about the availability of the building in a manner provided for by any order under this section is in force in respect of him or her of that.
Power to declare areas under control 8. When the Minister is of the opinion that it is, or may become, necessary for the safety of aerial flights close to an aerodrome or to guarantee efficient implementation of any aid to aerial flights, whether located at an aerodrome or in close proximity thereto or elsewhere that an area should be cleaned or kept away from the obstruction he could, together with the King or Yang di-Pertua Negeri for the State in question , by order, declare the area as an area controlled for the purposes of this part and shall determine the boundary for the area.
The power to prohibit or regulate the construction and planting of trees stand in the controlled area 9. The Minister may, at any time, along with the King or Yang di-Pertua Negeri for the State in question, by order, prohibit, either absolutely or with a conditional, or regulating the erection of a building tall more than stated in the order, or trees or other plants high in a controlled area or any part of the area.
Notice to move or change the buildings, trees and other plants in the area under control 10. (1) the Minister, or any officer authorized by the Minister for that purpose, may, by notice in writing, require the owner or occupier of any land 003b.fm Page 30 Monday, March 27, 2006 11:53 pm civil aviation 31 subject to any order under section 9, within a period of not less than one month from the date of the notice served on the person in question , as may be prescribed by the notice — (a) to remove or degrade any building on the land is high more than stated in the order, whether the building was built before or after the order is made, or any tree or other high plants, either grown in contravention of that order or which in the opinion of the Minister may cause an obstruction to ships or hamper the implementation of air any assistance to aerial flights; and (b) to take any steps in connection with, or to enforce any changes to, any buildings, trees or other plants on any land in a controlled area, or any part of the area, as may be necessary to comply with any conditions imposed by an order under section 9 that apply to buildings, trees or plants or, in respect of an erected building or trees or vegetation that is already present before the order is made , which shall apply to buildings, trees or other plants if the building has been erected or trees or other plants that were planted after the order is made.
(2) in the event of default in complying with the notice within the time prescribed in the notice, any officer authorized by the Minister, either generally or with specifically for the purpose, can enter the soil and cause taken any action as may be required by the notice, and may recover expenses of, and all expenses incurred in making any to r j a a r r pe lu da who rang me ipada o do the default.
Power to enter lands 11. Any officer authorized for that purpose by the Minister, and any person employed for the purposes of 003b.fm Page 31 Monday, March 27, 2006 11:53 pm 32 laws of Malaysia Act 3 is under the supervision of any such officer, may, from time to time, enter, measure and take the level of any area controlled and can make all other acts necessary for the measurement and for the purpose of marking the boundaries for such area or any part thereof : provided that no officer or such person may enter any building or garden terkepung or twin pages with any building with no agreement of its residents unless he first gave the residents of at least three clear days notice of his wish to do so.
Damage caused by construction or perendahan or the removal of valuable trees

12. When a building or tree that costs depressed paddock situation or moved, or any expenses done reliably in compliance with an order or condition of an order under section 9, the owner or occupier of the land, unless the building has been erected or the tree has been planted in contravention of any order under section 9 or conditions imposed such, entitled to compensation to the extent of loss or damage by reason of the ditanggungnya perendahan or the shift of construction or the precious trees or to the extent that the expenditure has been doing.
Damage due to enter the land in accordance with section 11 13. If any damage occurs to the property in exercise or due to what was described as the exercise of any powers conferred by section 11, the owner or occupier is entitled to compensation to the extent suffered or incurred by him as such.
Compensation due to missing land value 14. If any land in a controlled area affected by an order under section 9 that prohibit or regulate the erection of any building or planting trees or plants, the owner or occupier of the land 003b.fm Page 32 Monday, March 27, 2006 11:53 AM 33 civil aviation are entitled to compensation to the extent indicated that the value of its land, or its interest, if any, of the land , by virtue of the order, has depreciated compared to the normal market value at that time for the land near not included in that order.
Procedure of settling claims for compensation under section 12, 13 and 14 15. If any person be entitled to any compensation under section 12, 13 or 14, the amount of the compensation shall be determined by agreement or, if there is no agreement, by a single arbitrator appointed by the Chief Judge of the High Court concerned.
Specific offences and penalties 16. (1) any person who commits an act in contravention of, or without reasonable cause fails to comply with the terms, an order or notice made or issued under section 9 or 10 commits an offence and, on conviction, be imprisoned for a term not exceeding three years or a fine not exceeding fifty thousand dollars, or both.
(2) any person who willfully obstruct any person carrying out any of the powers conferred by this section or by any subsidiary legislation made under this section commits an offence and shall on conviction be —.
(a) if the person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both of each; or (b) if the offence committed by a body corporate, to a fine not exceeding one hundred thousand ringgit.
Power to make rules 17. The Minister may make rules generally to give effect to the provisions of this section.
003b.fm Page 33 Monday, March 27, 2006 11:53 pm 34 laws of Malaysia ACT 3 18. (Cut by the A803 Act).
Part V OBLIGATIONS BECAUSE of DAMAGE CAUSED by AIR VESSEL invasion, nuisance and responsibility for damage 19. (1) no such action be taken in respect of the invasion or in respect of nuisance, solely by reason of the flight the air ship skip any property up to the level of the face of the Earth, who, after having taken into consideration the wind, weather and everything on the matter, reasonable, or normal incident on that flight, as long as this Act and any subsidiary legislation made under this Act are followed properly; But if damage or loss occurs due to an in-flight air ship, that you want to depart, or a touchdown, or by any person in an air ship, or by any article which falls from the air, to any person or property on land or in water, damages can be collected from the air ship owner in respect of any loss or damage that without proof of negligence or intent or cause other actions, as if loss or damage has been caused by his actions that intentionally, kecuaiannya or kemungkirannya, unless the loss or damage has been caused by the negligence of the person suffering damage or loss itself: provided that if damage or loss is caused by matter referred to the previous situation in which — (a) such damages are available from the owner in respect of any loss or damage that is only according to the provisions of the previous in this section; and (b) a liability legally established in any person other than the owner to pay damages in respect of damage or loss that, 003b.fm Page 34 Monday, March 27, 2006 11:53 pm 35 civil aviation entitled owner replaced loss by others against any claim in respect of damage or loss of it.
(2) where a ship air leased or rented out by bona fide for a period of more than fourteen days notice to any other person by the owner of the air ship i tu, and t n native driver, Admiral, pilot or member of the crew who can handle the air ships employed by the owner, this section shall have effect as if the reference of the owner has been replaced with references about the person to whom the air ship leased or rented out.
Nuisance caused by air-ship aerodrome 20. (1) regulations made under section 3 can provide for regulating the conditions of noise and vibration that may be caused by air-ship aerodrome and could provide that subsection (2) may apply to an aerodrome which had made provisions on noise and vibration caused by the air ship.
(2) no such action be taken in respect of nuisance simply by reason of the noise and vibration caused by the air ship in an aerodrome to which this subsection applies in accordance with regulations under section 3, as long as any of the rule appropriately.
PART VI DETENTION of SHIP AIR Ship air and part thereof are exempt from confiscation upon patent claim 21. (1) anything valid entry into Malaysia or anything valid travel across Malaysia, either by landing or not, by an air ship to which this section applies is not allowing the air ship seized or detained or not enabling any proceedings taken against the owner or operator of the ship the air or 003b.fm Page 35 Monday, March 27, 2006 11:53 pm 36 laws of Malaysia Act 3 disable any other harassment made against the ship by air or on behalf of any person in Malaysia on the ground that the construction, mechanism, parts, tools or add air liner that violate a patent, design or model.
(2) the importation into, and storage in, Malaysia will spares and spare parts to ship air to which this section applies and the use and assembling on the repair ship, it is not allow air conditioning or spare parts or spare parts is foreclosed or disable any proceedings taken against the owner or operator of the vessel or the owner of air spares or parts or disable any other harassment made against the air ship by or on behalf of any people in Malaysia on the ground that spares or parts or assembling it in violation of a patent, design or model: provided that this subsection shall not apply in relation to any kind of spare parts or spare parts sold or distributed in Malaysia or exported from Malaysia for sale or distributed.
(3) this section shall apply to a ship, other than a ship air conditioning used in military, customs or police, registered in any country or territory for which a declaration made by the Minister and published in the Gazette there is in force at the time, with a view to fulfilling the Chicago Convention relating to this section, that the benefits of the provisions applicable to the country or territory , and for any other aerial vessels as specified by the Minister in the Declaration.
Air ships hold 22. Any regulations made under this Act may provide for detention of ship air to guarantee that this Act or any such rules are adhered to and may make further provisions as may appear necessary or expedient by the Minister to guarantee the detention.
003b.fm Page 36 Monday, March 27, 2006 11:53 pm 37 civil aviation and RESCUE DIVISION VII KARAMAN Karaman and rescue 23. (1) any services rendered for help or to save the life of, or to save the load or furnished, an air ship in the sea or on the sea or any tidal waters, or on the beach, on the beach of the sea or any tidal waters, shall be deemed to be services that are considered to be rescue service if the rescue service provided to a vessel; and, if the services are rendered by an air ship to any property or person, the owner of air ships are entitled to the same wage for the service as he reserves the right to regain it if the air ship is a vessel.

(2) subsection (1) shall have effect even though the air ship in question is a foreign air ships, and although service is given in place of l a i n d I a n b u k a n n y a d a l a m h a d p e r r a i r a n w i l a y a h y a n g contiguous with any part of Malaysia.
(3) the provisions in respect of vessels in emergencies (except with respect to the inspection of ships in an emergency) and provisions relating to the management of karaman, karaman unclaimed prizes, transfer of karaman, offence of karaman, infringement, rescue procedures, the jurisdiction of the High Court about the rescue and recipients karaman contained in laws in effect at that time in respect of merchant shipping shall apply to air ship as the provisions applicable to ships , with the necessary modifications and k h u s u s p e n y a d e n g a n p e n g e c u a l i a n p e n y e s u a i a n d a n t s the following modifications: (a) the word "vessel" and "ship" includes air ships;
(b) the expression "karaman" includes any ship air or any part thereof found Viking at sea or on the sea or the waters around Malaysia install surutnya or any or both on or close to the Ocean Beach and the waters or obtained or 003b.fm Page 37 Monday, March 27, 2006 11:53 AM 38 laws of Malaysia Act 3 taken possession outside Malaysia and ocean and the tidal waters and then brought in the limit;
(c) the word "Chief" includes the Admiral or other person in charge of a ship air;
(d) the words "ship karaman" includes air ship aground.
PART VIII RESTRICTIONS on CLAIMS for DAMAGES and COMPENSATION Restrictions on claims for damages and compensation 24. (1) no any damages or compensation in respect of any subsidiary legislation under this Act or any act done under this Act or under subsidiary legislation, it is possible — (a) except under and in accordance with the applicable provisions of this Act or of any subsidiary legislation made thereunder; and (b) unless the claim is made within three months from the happening of the event giving rise to a claim that can be made or within further as permitted by the Minister in any thing or class of things.
(2) this section shall not apply to any claim made under section 19 or any Act made pursuant to that section.
SECTION VIIIA LICENSE to PROVIDE AIRPORT SERVICES and AVIATION Minister's power to grant the licence for conducting airport services and aviation 24A. (1) the Minister may grant a licence to a company named by the Malaysian Government under 003b.fm Page 38 Monday, March 27, 2006 11:53 pm civil aviation 39 this section to exercise any functions of the Department of civil aviation, or to provide any service, in an airport or otherwise; and references in this Act regarding the licensed company is a reference to a named company and licensed as such under this section.
(2) without prejudice to the generality of subsection (1), every licence issued under this section shall state the following: (a) the functions to be carried out or the service will be held by the company; and references in this Act regarding any airport and aviation services was a reference to such services held by the company;
(b) compliance by the company are performance standards specified by the Director General under paragraph 2B (a);
(c) the airport or the airport are operated by the company; and references in this Act regarding any airport set is a reference to an airport operated by the company;
(d) the term of the license;
(e) the annual fee payable by the company;
(f) the specific duties of the company in respect of the services held by him; and (g) any matter or other conditions that the Minister thinks fit.
(3) the issuance of a license to a company under subsection (1) shall not impose any liability on the Government of Malaysia for any loss, damage, injury or death caused by or berakibat of any incident or accident report as a result quite right, from any act, omission or default of the company.
(4) in this section — 003b.fm Page 39 Monday, March 27, 2006 11:53 pm 40 laws of Malaysia ACT 3 "incident" means an occurrence associated with the operation of an air ship which affect or could affect the safety of its operation: "crash wrong report" means an occurrence associated with the operation of an air vessel occurred between the time any person on board the air for the purpose of flight until such time when everyone is already down from the air ship , and in such event — (a) any person dead or wounded or seriously injured as a result of — (i) is in the air vessels;
(ii) in contact directly with any part of the air ship, including parts which have become detached from the air vessels; or (iii) direct exposure to jet bagas, except where death or injury surgery is due to natural, accidental or caused by others, or when death or injury that occur to the dark passenger is hiding outside space to which passengers and crew ordinarily have access;
(b) air ship suffers damage or structural failure — (i) to the detriment of strength, performance or flight characteristics of the air vessels; and (ii) ordinarily needs repair large or penggant ian affected component, except for engine failure or damage, when the damage is limited to the engine or the cover or its accessories, or for damage limited to the propeller, wing, antennas, tyres, brakes, reraut, small dents or puncture holes in the skin of the air vessels; or (c) the air ship is gone or no access at all to him.
003b.fm Page 40 Monday, March 27, 2006 11:53 pm civil aviation 41 charges and fees collected by the licensed companies 24B. Notwithstanding any provision of this Act or of the financial Procedure Act 1957, all charges and fees prescribed under the regulations made pursuant to section 3, relating to the exercise of any functions or services licensed by the company, shall be collected by, and form part of the revenue, the company licensed it.
Submission of the memorandum for any changes to the fees and charges of the existing 24C. (1) the licensed company may submit a memorandum to the Minister containing recommendations for any changes to the fees and charges existing prescribed under regulations made under section 3, relating to the exercise of any function or service, for the approval of the Minister.
(2) the Minister shall consider the memorandum within six months from its production (3) if the Minister approves the memorandum, he can make to lu lusannya i tu te r tak luk to any modifications it deems fit at proposed in the memorandum.
(4) where the Minister rejects the licensed company memorandum, it may, if there is a change in the circumstances relating to the recommendations in the memorandum, apply to the Minister so that the results are reviewed: provided that such application should be made before the expiration of thirty days from the date of notice of rejection of the memorandum.
(5) the Minister shall consider the application within three months from its production.
The Minister shall make regulations with respect to changes to the fees and charges 24D. If the Minister approves the memorandum, with or without any modification, he shall as soon as 003b.fm Page 41 Monday, March 27, 2006 11:53 PM 42 laws of Malaysia Act 3 practical make regulations under section 3 in respect of changes to fees and charges existing in connection with the exercise of any functions or services by licensed companies.
General obligations the company licensed 24E. (1) be the duty of licensed companies to ensure that service held by him meet the performance standards set by the Director General under paragraph 2B (a).
(2) a licensed Company shall give appropriate attention to the efficiency, economy and safety of handling in respect of services rendered by him.
A violation of the license terms 24F. Any licensed company violates any condition of licence issued under this section commits an offence and shall on conviction be liable to a fine not exceeding one hundred thousand ringgit.
24G. (Cut by the Act A1192).
Power of inspection the Director General of 24 h. The Director General may, for the purposes of this Act or any regulations made thereunder, to enter any premises occupied by the licensed companies to examine and review the State of the premises or any building or facilities in it.
Suspension or cancellation of license for violating the license terms 24I. (1) if the Director General is satisfied that the licensed company violates, or in breach of and is likely to be breached again, any of the conditions of his/her license, the Director-General may give notice in writing to the company licensed 003b.fm Page 42 Monday, March 27, 2006 11:53 pm 43 civil aviation that requires it to comply with the condition within the period specified in the notice.

(2) if time expires is specified in the notice licensed companies that failed to comply with the conditions referred to therein, the Director-General shall submit a report to the Minister about the failure of the licensed company and the report shall be in a form deemed suitable by the Director General.
(3) where, after considering the report of the Director-General, the Minister is satisfied that the infringement, or a breach of the feared that, a serious or touching or may prejudice the interests or safety of the public and that the company has refused to take the licensed or has not take all steps as may appear necessary by the Minister for the purpose of ensuring compliance with the applicable requirements, the Minister may give the notice licensed companies stating that he proposes to suspend or revoke , as the case may be, of his/her license and the notice shall also explain or specify — (a) the license terms that violated by the company and act or omission be the violation; and (b) the period (not less than thirty days from the date of the notice) in which the licensed company may make representations with respect to the suspension or cancellation, as the case may be.
(4) after the expiry of the period specified in the notice and after considering any representations made by the licensed company, the Minister may decide whether to proceed with a proposed action or not to take further action.
(5) the notice shall be given to the company that licensed by the Minister of natural resources and such decision shall come into force on the date such notice is delivered to the company.
(6) the decision of the Minister under this section is final and conclusive.
003b.fm Page 43 Monday, March 27, 2006 11:53 pm 44 laws of Malaysia Act 3 suspension or cancellation of licence for violations of this Act or the regulations thereunder 24J. (1) if the Director General is satisfied that the licensed companies have contravenes or fails to comply with any provision of this Act or any regulations made thereunder, he shall submit a report to the Minister about violations by or non-compliance of the licensed company.
(2) where, after considering the report of the Director-General, the Minister is satisfied that the breach or non-compliance of such serious nature or touching or may prejudice the interests or public safety he shall give the notice licensed companies stating that he proposes to suspend or cancel, as the case may be, of his/her license and the notice shall also explain or specify — (a) the provisions of this Act or regulations made thereunder that hit by the company and act or omission be the violation; and (b) the period (not less than thirty days from the date of the notice) in which the licensed company may make representations with respect to the suspension or cancellation, as the case may be.
(3) after the expiry of the period specified in the notice and after considering any representations made by the licensed company, the Minister may decide whether to proceed with a proposed action or not to take further action.
(4) the notice shall be given to the company that licensed by the Minister of natural resources and such decision shall come into force on the date such notice is delivered to the company.
(5) the decision of the Minister under this section is final and conclusive.
003b.fm Page 44 Monday, March 27, 2006 11:53 pm civil aviation 45 special powers during the emergency 24 k. (1) the Yang di-Pertuan Agong may, in the event of any industrial riots, strike, lockout or any other event that causes a State of emergency, or in the interest of public safety, to authorize the Minister of — (a) to suspend the licence of a licensed company, take possession while any airport set and handle any airport service and virtually uninhabited flight through the public service Department of Malaysia, or in such manner as the Minister thinks fit; or (b) to withdraw either partially or entirely the use of any airport of any person or class of persons or of the public in General.
(2) if any doubt arises as to the existence of emergency or whether any act done under subsection (1) in the interest of public safety, a certificate signed by the Yang di-Pertuan Agong and display in any place that the Minister may think fit shall be conclusive evidence thereof.
(3) if the Government take possession of any airport prescribed under paragraph (1) (a), compensation shall be paid enough.
The use, occupation, etc., of land in Malacca and Pulau Pinang under article 166 (3) 24L. If any land in Melaka or Penang occupied, used, controlled and managed by the Federal Government under clause (3) of article 166 of the Constitution, the State authority may, if requested so by the Minister, upon application in writing made by licensed companies — (a) allow the whole or part of the land is occupied , used, controlled and managed by the licensed companies on terms and conditions agreed between the Federal Government, the State authority, and licensed companies; or 003b.fm Page 45 Monday, March 27, 2006 11:53 pm 46 laws of Malaysia ACT 3 (b) assign ownership of the land to the company that licensed on terms and conditions specified by the State authority under the national land code [Act 56 of 1965], and approved by the Federal Government.
PART IX MISCELLANEOUS offences by body corporate 24M. If an offence under this Act or under any regulations made under this act committed by a body corporate, every person who is a Director, Secretary or similar officer or Manager, the other for the body corporate or the form such as Act on any such property or has in any way or up to any extent is responsible for the management of the Affairs of the Corporation shall be deemed to commit the offence unless that person proves that it was done without his consent or pembiarannya and that he was doing all the due diligence to prevent the offence from being done as it should be done, taking into account its functions upon the properties and all the circumstances.
Power to compound 24N. (1) the Director General may, with the consent of the public prosecutor, offers in writing to compound any offence under this Act or under any regulations made under this Act by accepting of people reasonably suspected to have committed the offence any amount not exceeding fifty per cent of the amount of the maximum fine for the offence which may be imposed on that person if he or she has been convicted of the offence within the time stated in the offer.
(2) an offer under subsection (1) may be made at any time after the offence, but before any prosecution had been initiated, and if the amount specified in the offer is not paid in 003b.fm Page 46 Monday, March 27, 2006 11:53 pm civil aviation 47 time stated in the offer or any extended period granted by the Director General , a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
(3) If an offence has been compounded under subsection (1), no prosecution shall be instituted in respect of the offence against a person to whom an offer to compound is made.
(4) any money received by the Director General under this section shall be paid into and form part of the Federal Consolidated Fund.
Publication of notices, etc.
24O. (1) every notice, circular, letter of instructions and information issued under this Act or under any subsidiary legislation made under this Act shall be published by the Director General in such a way that in the opinion of the Director-General shall ensure that notice, circular, letter of instructions and information is brought to the attention of those who are required to comply with notice , a circular, the letter of instructions and information.
(2) any person who fails to comply with the notice, circular, letter of instructions and information is guilty of an offence and on conviction may — (a) if the person is an individual, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding three years or both of each; or (b) if that person is a body corporate, to a fine not exceeding one hundred thousand ringgit.
Application outside the province for subsidiary legislation 25. There are no any provision contained in any subsidiary legislation made under this Act may, on the ground that may be in force outside the territory, be deemed to be invalid in so far as applicable to Malaysian air ship, wherever the air ship is, or prohibits, requires or control — 003b.fm Page 47 Monday, March 27, 2006 11:53 PM 48 laws of Malaysia ACT 3 (a) anything done by people in the Malaysian air ship or done by any crew aboard Malaysian air wherever the air ship are; or

(b) anything done in relation to Malaysian air ship by some other person, wherever the air ships are.
Error 26. Any act done by any person in the Malaysian air ship outside Malaysia which, if the Act was done by him in Malaysia, would be an offence under the laws of Malaysia shall, for the purpose of criminal proceedings in Malaysia against that person in respect of the Act, be deemed to have been committed by him in Malaysia.
Ship air force 27. Any subsidiary legislation made under this Act may, if subsidiary legislation that expressly provides for such, apply to ships army air force or to any class of military air ship whatsoever.
27A. (Cut by the A803 Act).
Part X TRANSITIONAL repeal of certain laws and the saving of 28. (1) the Civil Aviation Act 1949, and an order of civil aviation Colony (Adoption Act) 1952 (both for United Kingdom) shall cease to have effect in elsewhere in Malaysia from the date of coming into operation of this Act; and termination shall be deemed to be a repeal for the purposes of the interpretation Act 1948 and 1967 [Act 388].
003b.fm Page 48 Monday, March 27, 2006 11:53 pm civil aviation 49 (2) of the law set out in the schedule to this Act are hereby repealed.
(3) Notwithstanding subsection (1) and (2) and schedule — (a) unless the subsidiary legislation expressly repealed by this Act, all subsidiary legislation has been — (i) made under, or used by, any law that repealed or cease to have effect in accordance with this Act; and (ii) in force in any area of flight immediately before the coming into k u a s a A k t i n i, h e n d a k l a h (t a n d a harmful power to memindanya with any subsidiary legislation made under this Act and subject to such modifications as may be necessary to adjust the subsidiary legislation by this Act) remain in force in the area of the flight until revocation or replaced by the subsidiary legislation made under the provisions of the appropriate, or otherwise terminated, and shall be deemed to have been made thereunder; and (b) any instrument which was — (i) is issued, delivered or provided under any laws have been repealed or are no longer in force pursuant to this Act; and (ii) in force in any area of flight immediately before the coming into operation of this Act, shall (without prejudice any power to amend the instrument and subject to such modifications as may be necessary to suit with this Act) remain in force in the area of the flight until superseded, cancelled or otherwise terminated, and shall be deemed to have been issued, 003b.fm Page 49 Monday , March 27, 2006 11:53 pm 50 laws of Malaysia Act 3 served or given under this Act, and this Act and any subsidiary legislation thereunder shall apply to or in relation to, the instrument accordingly: provided that no such instrument so specified will remain in force for a certain period can remain in force after the expiration of such period unless the instrument is renewed in accordance with this Act and any subsidiary legislation made underneath it.
(4) in this section — "flight area" means — (a) Malacca and Pulau Pinang;
(b) Sabah;
(c) Sarawak; or (d) States of Peninsular Malaysia apart from Melaka and Penang, as required by the condition of it; "instrument" means any instruction or requirement of another, any notices and any certificate, licence, verification or other powers.
TABLE [section 28 (1)] the laws of MALAYSIA to BE CANCELLED 1. Aerodrome Ordinance (control of Obstruction) [Chapter 3] for Sabah.
2. Aerodrome Ordinance (control of Obstruction) 1950 [N.T.M. No. 25 1950].
3. Air Flight Ordinance [Chapter 5] for Sabah.
003b.fm Page 50 Monday, March 27, 2006 11:53 pm civil aviation 51 4. Air Flight Ordinance [Cap. 129] for Sarawak.
5. Air Flight Ordinance 1952 [N.T.M. No. 84 1952] in force in the States of Malaya apart from Melaka and Penang.
6. Air Flight Ordinance [N.S. Chapter 108] force in Malacca and Penang.
7. Air Flight regulations (Karaman and Rescue) 1953 [P.U. 586/1953].
8. Act Tools Help aerial flights (control of Obstruction) 1962 [N.T.M. No. 30 1962].
003b.fm Page 51 Monday, March 27, 2006 11:53 pm 52 laws of MALAYSIA Act 3 CIVIL AVIATION ACT 1969 LIST AMENDMENT of laws that amend the short title of the Act in force A282 Civil Aviation Act (Amendment) 1975 28-02-1975 A160 Act Act the Malaysian currency (Ringgit) 1975 29-08-1975 Act A679 Civil Aviation Act (Amendment) Order 1987, 25-09-1987 Act A803 Civil Aviation Act (Amendment), 1991, 01-11-1992 A885 Act Constitution (Amendment) Act 1994 24-06-1994 Act A1062 Civil Aviation Act (Amendment) Act 1999 09-07-1999 Act A1192 Aviation Act Public (Amendment) order 2003 01-06-2003 003b.fm Page 52 Monday, March 27, 2006 11:53 pm 53 laws of MALAYSIA Act 3 CIVIL AVIATION ACT 1969 LIST SECTION AMENDED Section Power amend with effect from 2 A803 Act 01-11-1992 2A A803 Act 01-11-1992 2B A803 Act 01-11-1992 2 c Act A1192 01-06-2003 2D Act A1192 01-06-2003 3 A803 Act 01-11-1992 Act A1062 09-07-1999 4 Act 160 29-08-1975 Act A1192 01-06-2003 5A A803 Act 01-11-1992 Act A1192 01-06-2003 6 A803 Act 01-11-1992 Act A1192 01-06-2003
6a Act A282 28-02-1975 6B A282 Act 28-02-1975 Act A803 01-11-1992 003b.fm Page 53 Monday, March 27, 2006 11:53 pm 54 laws of Malaysia Act 3 6 c A282 Act 28-02-1975 6 d A282 Act 28-02-1975 Act A803 01-11-1992 6E A282 Act 28-02-1975 6F A282 Act 28-02-1975 6 g Act A282 28-02-1975 6 Act A282 28-02-1975 6I A282 Act 28-02-1975 6J A282 Act 28-02-1975 6 k Act A282 28-02-1975-6 l A282 Act 28-02-1975 6 m A282 Act 28-02-1975 6N A282 Act 28-02-1975 6O A282 Act 28-02-1975
7 Act A885 24-06-1994 Act A1192 01-06-2003 15 Act A885 24-06-1994 16 Act 160 29-08-1975 Act A1192 01-06-2003 18 A803 Act 01-11-1992 A679 Act 24A 25-09-1987 Act A803 01-11-1992 Section Power amend the effect from 003b.fm Page 54 Monday, March 27, 2006 11:53 pm 55 Civil Aviation Act A1062 09-07-1999 24B A679 Act 25-09-1987 Act A803 01-11-1992 Act A1062 09-07-1999 24C A679 Act 25-09-1987 Act A803 01-11-1992 Act A1062 09-07-1999 24D A679 Act 25-09-1987 Act A803 01-11-1992 Act A1062 09-07-1999
24E A803 Act 01-11-1992 24F A803 Act 01-11-1992 Act A1192 01-06-2003 24G A803 Act 01-11-1992 Act A1192 01-06-2003 24 h A803 Act 01-11-1992 24I A803 Act 01-11-1992 24J A803 Act 01-11-1992 24 k A803 Act 01-11-1992 24L A803 Act 01-11-1992 Act A1192 24M 01-06-2003 24N A1192 Act 01-06-2003 Section Power amend the effect from 003b.fm Page 55 Monday, March 27, 2006 11:53 pm 56 laws of Malaysia Act 3 24O A1192 Act 01-06-2003 27A A679 Act 25-09-1987 Act A803 01-11-1992 Section Power to amend Effect from 003b.fm Page 56 Monday, March 27, 2006 11:53 pm