CIVIL AVIATION ACT 1969
(Act 3)
ARRANGEMENT OF SECTIONS
PART I
PRELIMINARY
1. Short title and application
2. Interpretation
PART IA
DUTIES AND FUNCTIONS OF THE DIRECTOR GENERAL OF CIVIL AVIATION,
MALAYSIA
2a. The Director General of Civil Aviation, Malaysia
2b. Duties and functions of the Director General
2c. Delegation of powers, duties and functions of the Director General
2d. Authority card
PART II
REGULATION OF CIVIL AVIATION
3. Power to give effect to the Chicago Convention and regulate civil aviation
4. Dangerous flying
PART III
ESTABLISHMENT AND OPERATION OF AERODROMES
5. Establishment of aerodromes by the Minister
5a. Minister may authorize a company under licence to establish, etc., an aerodrome
6. Trespassing at licensed and Government aerodromes
PART IIIA
CIVIL AVIATION FUND
6a. Commencement of Part IIIa
6b. Interpretation
6c. Establishment of Civil Aviation Fund
6d. Money required to be paid to the Fund
6e. Application of the moneys of the Fund
6f. Power of the Minister of Finance to determine development expenditure from Fund
6g. Surplus money in Fund
6h. Repayment of appropriation and payment of interest
6i. Financial policy in respect of civil aviation services
6j. Commercial Accounts
6k. Application of profits
6l. Funding
6m. Minister’s report to Parliament
6n. Audit
6o. Saving
PART IV
CONTROL OF OBSTRUCTIONS IN VICINITY OF AERODROMES
7. Indication of presence of obstructions near aerodromes
8. Power to declare a controlled area
9. Power to prohibit or regulate erection of structures and planting trees in controlled area
10. Notice to remove or alter structures, trees and other vegetation in controlled area
11. Power of entry on land
12. Damage caused by reduction or removal of structure or valuable tree or plant
13. Damage caused by entry on land under section 11
14. Compensation for loss of value of land
15. Procedure of settling claims for compensation under sections 12, 13 and 14
16. Certain offences and penalty
17. Power to make rules
18. (Repealed)
PART V
LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT
19. Trespass, nuisance and responsibility for damage
20. Nuisance caused by aircraft on aerodromes
PART VI
DETENTION OF AIRCRAFT
21. Exemption of aircraft and parts thereof from seizure on patent claims
22. Detention of aircraft
PART VII
WRECK AND SALVAGE
23. Wreck and salvage
PART VIII
RESTRICTION ON CLAIMS FOR DAMAGES AND COMPENSATION
24. Restriction on claims for damages and compensation
PART VIIIA
LICENCE TO PROVIDE AIRPORT AND AVIATION SERVICES
24a. Power of Minister to grant a licence to provide airport and aviation services in an airport
24b. Charges and fees collected by licensed company
24c. Submission of memorandum for any change in existing charges and fees
24d. Minister to make regulations in respect of change in charges and fees
24e. General duties of licensed company
24f. Contravention of conditions of licence
24g. (Repealed)
24h. Inspectorial power of Director General
24i. Suspension or revocation of licence on breach of condition of licence
24j. Suspension or revocation of licence on breach of this Act or regulations thereunder
24k. Special power in emergency
24l. Use, occupation, etc., of lands in Malacca and Penang under Article 166(3)
PART IX
MISCELLANEOUS
24m. Offence by body corporate
24n. Power to compound
24o. Publication of notices, etc.
25. Extra-territorial application of subsidiary legislation
26. Offences
27. Military aircraft
27a. (Repealed)
PART X
TRANSITIONALS
28. Repeal of certain laws and saving provisions
SCHEDULE
An Act to make better provision in the law relating to Civil Aviation and for matters connected
therewith and ancillary thereto.
Throughout Malaysia—27th February 1969; Part IIIa: West Malaysia—1st May 1975, P.U.(B)
163/75
BE IT ENACTED by the Duli Yang Maha Mulia 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
1. Short title and application
This Act may be cited as the Civil Aviation Act 1969, and shall extend throughout Malaysia.
2. Interpretation
(1) In this Act, unless the context otherwise requires—
“aerodrome” means any area of land or water designed, equipped, set apart or commonly used
for affording facilities for the landing and departure of aircraft;
“airport” includes land and buildings comprised in an aerodrome;
“cargo” means moveable property carried in aircraft;
“Chicago Convention” means the Convention on International Civil Aviation concluded at
Chicago on the 7th December 1944;
“crew” includes every person employed or engaged in an aircraft in flight on the business of
the aircraft;
“controlled area” means any area declared to be a controlled area under section 8;
“damage or loss” include, in relation to a person, loss of life and personal injury;
“Director General” means the Director General of Civil Aviation, Malaysia;
“erection” in relation to a structure includes an addition or alteration to any existing structure;
“goods” and “articles” include mails and animals;
“Government aerodrome” means any aerodrome under the control of the Minister and
includes any aerodrome of the Armed Forces or any visiting force;
“land” includes land covered with water and any right in or over land;
“licensed company” means the company to which a licence is issued by the Minister under
section 24a(1);
“Malaysian aircraft” means an aircraft registered in any part of Malaysia;
“military aircraft” means aircraft in the military service of the Armed Forces and include any
aircraft that is commanded by a member of the Armed Forces in the course of his duties as such a member;
“structure” includes any house, warehouse, office, shop, school and any other building,
whether permanent or temporary, whether used for the purpose of human habitation or
otherwise, and also any wall, fence, platform, staging, gatepost, pillar, poling, frame, boarding, bridge, cable, wire or any other artificial obstruction raised above ground level.
(2) Any reference in this Act to any country or territory shall, unless the context otherwise
requires, be construed as including a reference to the territorial waters, if any, adjacent to that country or territory and to the airspace over that country or territory and over the territorial
PART IA
DUTIES AND FUNCTIONS OF THE DIRECTOR GENERAL OF CIVIL AVIATION,
MALAYSIA
2a. The Director General of Civil Aviation, Malaysia
The Director General of Civil Aviation, Malaysia shall perform the duties and functions assigned to him under this Act.
2b. Duties and functions of the Director General
It shall be the duty and function of the Director General—
(a) to exercise regulatory functions in respect of civil aviation and airport and
aviation services including the establishment of standards and their enforcement;
(b) to represent the Government in respect of civil aviation matters and to do all
things necessary for this purpose;
(c) to ensure the safe and orderly growth of civil aviation throughout Malaysia;
(d) to encourage the development of airways, airport and air navigation facilities for
civil aviation;
(e) to promote the provision of efficient airport and aviation services by the licensed
company; and
(f) to promote the interests of users of airport and aviation services in Malaysia in
respect of the prices charged for, and the quality and variety of, services provided
by the licensed company.
2c. Delegation of powers, duties and functions of the Director General
(1) The Director General may, in writing, delegate any of the powers, duties and functions
conferred on him by this Act.
(2) Any person to whom any power, duty or function has been delegated under subsection
(1) shall comply with all the conditions and restrictions imposed by the Director General and all the requirements, procedures and matters specified by the Director General.
(3) Any power, duty or function delegated under subsection (1) shall be exercised,
discharged or performed in the name of the Director General.
(4) A delegation under this section shall not preclude the Director General himself from
exercising, discharging or performing at any time any of the delegated powers, duties or
functions.
(5) A delegation under this section may be revoked or varied at any time by the Director
General.
2d. Authority card
Any person when acting under this Act shall, on demand, declare his office, and produce to the person against whom he is acting or from whom he seeks any information such authority card as the Director General may direct to be carried by such person.
PART II
REGULATION OF CIVIL AVIATION
3. Power to give effect to the Chicago Convention and regulate civil aviation
(1) The Minister may make such regulations as he considers necessary or expedient to give
effect to and for the better carrying out of the objects and purposes of this Act, to provide
generally for regulating civil aviation and for carrying out the Chicago Convention, any Annex
thereto and any amendments of such Convention and Annexes.
(2) Without prejudice to the generality of subsection (1), and without prejudice to any of
the provisions of this Act, the Minister may make regulations making provision for—
(a) regulating, by establishing a system of licensing or otherwise, the use of aircraft
on flights for reward;
(b) the registration and marking of aircraft in Malaysia;
(c) imposing conditions before any aircraft shall be allowed to fly including
conditions relating to air worthiness, maintenance and repair, of such aircraft;
(d) requiring persons performing prescribed functions in relation to the operation or
maintenance of aircraft to be the holders of licences or certificates of specified
kinds and providing for the grant, revocation, extension, validation, suspension or
variation of such certificates or licences;
(dd) the licensing, inspection and regulation of aerodromes, access to aerodromes and
places where aircrafts have landed and for prohibiting or regulating the use of
unlicensed aerodromes;
(e) regulating the use of, or restricting the entry to, aerodromes, aircraft factories or
maintenance establishments or such other place or places as may be expedient
including places where aircraft parts and engines are maintained;
(f) prescribing the conditions under which, and in particular the aerodromes to or
from which, aircraft entering or leaving Malaysia may fly, and the conditions
under which aircraft may fly from one part of Malaysia to another;
(g) prescribing the conditions under which passengers and cargo may be carried by
air and under which aircraft may be used for other commercial, industrial or
gainful purposes, and prohibiting the carriage by air of goods of such classes as
may be prescribed;
(h) minimizing or preventing interference with the use or effectiveness of apparatus
used in connection with air navigation and prohibiting or regulating the use of
such apparatus and the display of signs and lights liable to endanger aircraft;
(i) generally securing the safety, efficiency and regularity of air navigation and the
safety of aircraft and of persons and cargo carried therein, and preventing aircraft
endangering other persons and property;
(j) requiring persons engaged in, or employed in or in connection with, air navigation
to supply meteorological information for the purposes of air navigation;
(k) regulating the making of signals and other communications by or to aircraft and
persons carried therein;
(l) prescribing a civil air ensign for Malaysia and regulating its use;
(m) prohibiting or restricting aircraft from flying over such areas in Malaysia as may
be prescribed;
(n) prescribing the charges including landing and parking fees that may be made for
the use of aerodromes licensed under the regulations and at Government
aerodromes, and for services provided at such aerodromes and providing for the
recovery of such charges and fees;
(nn) prescribing the charges and fees for services provided at an airport or otherwise
and providing for the recovery of such charges and fees;
(o) prescribing the fees to be paid in respect of the issue, validation, renewal,
extension or variation of any certificate, licence or other document or the
undergoing of any examination or test required by regulations made under this
Act and in respect of any other matters in respect of which it appears to the
Minister to be expedient for the purpose of regulations made under this Act to
charge fees;
(p) exempting from the provisions of regulations made under this Act or any of them
any aircraft, flights or persons or classes of aircraft, persons or flights;
(q) the investigation in such manner as may be prescribed, including by means of a
tribunal established for the purpose, of any accident either occurring in Malaysia
or occurring to Malaysian aircraft;
(r) prohibiting access to or interference with aircraft to which an accident has
occurred, and authorizing any person, so far as may be necessary for the purpose
of an investigation, to have access to, remove, take measures for the preservation
of, or otherwise deal with any such aircraft;
(s) requiring any person who owns an aircraft or who carries on the business of
operating aircraft for reward to furnish such information relating to the aircraft,
the crew, the mails, the passengers, and the cargo carried, other work performed
by the aircraft, the journeys made by the aircraft and such traffic reports, cost
statistics and financial statements, showing amongst other things, all receipts and
the sources thereof, as may be prescribed; and
(t) prescribing the powers, including powers of arrest, that may be exercised by the
members of the crew of an aircraft, in relation to persons on board the aircraft, for
the purpose of ensuring the safety of the aircraft or its passengers, crew or cargo
or otherwise 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 the following penalties:
(a) where the offence is committed by an individual, a fine not exceeding fifty
thousand ringgit or to imprisonment for a term not exceeding three years or to
both; or
(b) where the offence is committed by a body corporate, a fine not exceeding one
hundred thousand ringgit.
(3) In the case of a regulation made in pursuance of paragraph (2)(m), may also provide for
the taking of such steps (including firing on aircrafts) as may be specified in regulations made
under this Act.
(4) Notwithstanding the provisions of subsection (3), any regulations made in pursuance of
paragraph (2)(a) may provide for the imposition of the following penalties:
(a) in the case of a first offence—
(i) where the offence is committed by an individual, a fine not exceeding fifty
thousand ringgit or imprisonment for a term not exceeding three years or
both; or
(ii) where the offence is committed by a body corporate, a fine not exceeding
one hundred thousand ringgit; or
(b) in the case of a second or subsequent offence—
(i) where the offence is committed by an individual, a fine not exceeding one
hundred thousand ringgit or imprisonment for a term not exceeding five
years or both; or
(ii) where the offence is committed by a body corporate, a fine not exceeding
one hundred and fifty thousand ringgit.
4. Dangerous flying
(1) Where an aircraft is flown in such a manner as to be the cause of unnecessary danger to
any person or property on land or water, the pilot or the person in charge of the aircraft, and also the owner thereof, unless he proves to the satisfaction of the court that the aircraft was so flown without his actual fault or privity, shall be guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand ringgit, or to both.
(2) For the purpose of this section, “owner”, in relation to an aircraft, includes any person
by whom the aircraft is hired at the time of the offence.
(3) The provisions of this section shall be in addition to, and not in derogation of, any
provisions made by the Minister under the powers conferred by section 3.
PART III
ESTABLISHMENT AND OPERATION OF AERODROMES
5. Establishment of aerodromes by the Minister
(1) The Minister may establish and maintain aerodromes, and provide and maintain in
connection therewith roads, approaches, apparatus, equipment and buildings and other
accommodation.
(2) The Minister may for the purpose of exercising the powers conferred by subsection (1)
acquire land by agreement or in accordance with the provisions of the appropriate law in force in the relevant part of Malaysia relating to the acquisition of land for public purposes.
(3) The purposes for which the Minister may acquire land under this section include the
purpose of securing that the land adjacent to the site of an aerodrome which the Minister has
established, or is about to establish, shall not be used in such manner as to cause interference with, or danger or damage to, aircraft at, or approaching or leaving, the aerodrome.
5a. Minister may authorize a company under licence to establish, etc., an aerodrome
(1) The Minister may authorize any company under a licence to establish, maintain and
operate an aerodrome subject to such terms and conditions as may be prescribed.
(2) Any person who—
(a) establishes, maintains or operates an aerodrome without a licence; or
(b) fails to comply with any of the terms and conditions imposed on the licence
issued under subsection (1), shall be guilty of an offence and shall on conviction be liable—
(aa) where such person is an individual, to a fine not exceeding fifty thousand ringgit
or to imprisonment for a term not exceeding three years or to both; or
(bb) where such person is a body corporate, to a fine not exceeding one hundred
thousand ringgit.
6. Trespassing at licensed and Government aerodromes
(1) Any person who trespasses on any land forming part of an aerodrome, shall be guilty of
an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit:
Provided that no person shall be liable to conviction under this section unless it is proved that, at the material time, notices warning trespassers of their liability under this section were posted, so as to be readily seen and read by members of the public, in such positions on or near the boundary of the aerodrome as appear to the court to be proper.
(2) Any person being the owner or for the time being having charge of a domestic animal
which trespasses on land forming part of an aerodrome shall be guilty of an offence and shall be liable on conviction to a fine not exceeding ten thousand ringgit.
(3) Any animal found on land forming part of an aerodrome may be destroyed by the
proprietor of the aerodrome or by a person authorized by him:
Provided that if any such animal is for the time being in the charge of a person, such animal shall not be destroyed unless such person, upon being requested so to do, fails to remove the animal within a time which is in the circumstances reasonable.
(4) (Repealed by Act A803).
PART IIIA
CIVIL AVIATION FUND
6a. Commencement of Part IIIa
This Part shall come into force on such date as the Minister may, by notification in the Gazette appoint; and the Minister may appoint different dates for the coming into force for different parts of Malaysia.
6b. Interpretation
In this Part, unless the context otherwise requires—
“appointed date” means the date appointed under section 6aand if different dates are
appointed under that section for different parts of Malaysia, the relevant date on which this Part comes into force for that part of Malaysia;
“civil aviation authority” means the Director General of Civil Aviation, Malaysia, and
includes an officer empowered by him to perform all or any of the functions conferred on the
civil aviation authority under this Part;
“civil aviation services” includes all services connected with air navigation and Government
aerodromes except for purposes of defence of the realm by air and for the purpose of this
definition “Government aerodromes” shall not include any aerodrome of the armed forces or any visiting force;
“Development Fund” means the Development Fund specified in the Second Schedule to the
Financial Procedure Act 1957 [Act 61];
“transfer date” means the date on which any designated property in a designated airport,
which the Government of Malaysia was entitled to, is transferred to a company by virtue of the Airport and Aviation Services (Operating Company) Act 1991 [Act 467].
6c. Establishment of Civil Aviation Fund
(1) There is hereby established a fund to be known as the Civil Aviation Fund (hereinafter
referred to as “the Fund”) which shall be controlled and operated by the Director General in
accordance with the provisions of this Part.
(2) The monetary transaction of the civil aviation authority shall be processed through the
Fund, and for this purpose the following new item is hereby incorporated into the Second
Schedule to the Financial Procedure Act 1957—
“Civil Aviation Fund.”.
(3) On the establishment of the Fund and notwithstanding subsection 9(6) of the Financial
Procedure Act 1957, the balances in the Trust Accounts in respect of the civil aviation authority except the Development Fund Trust Account shall be paid to the Fund.
6d. Money required to be paid to the Fund
(1) Notwithstanding the relevant provision of the Financial Procedure Act 1957 and the
Development Funds Act 1966 [Act 406] there shall be paid from time to time into the Fund—
(a) such sums as may be appropriated from the Consolidated Revenue Account for
the purposes of civil aviation services;
(b) such sums as may be appropriated from the Development Fund for expenditure on
the development and expansion of the civil aviation services;
(c) all receipts in respect of any licence issued or of any works or services performed
by the civil aviation authority which were paid or will be paid out of—
(i) moneys standing to the credit of the Fund; or
(ii) moneys appropriated to the civil aviation authority after the transfer date
in respect of civil aviation services;
(d) moneys received from the sale or lease or hire of any property controlled by the
civil aviation authority or acquired or produced out of—
(i) moneys standing to the credit of the Fund; or
(ii) any moneys appropriated before the appointed date in respect of civil
aviation services;
(e) interest received from the investment of moneys standing to the credit of the
Fund;
(f) moneys received by the Federation in respect of any matter incidental to the
performance of any functions or the exercise of any powers conferred upon the
civil aviation authority by this Act; and
(g) any other moneys received by the Federation in such circumstances as the
Minister of Finance considers appropriate to be paid to the Fund:
Provided that in all cases any moneys received by the civil aviation authority between 1st
January of the year of the appointed date and the date immediately preceding the appointed date which would have to be paid to the Fund under this subsection had the moneys been received on or after the appointed date, shall be accounted for in the Fund, subject to an amount not exceeding the receipts for the period of six months immediately preceding the appointed date.
(2) Payments into the Fund of moneys referred to in paragraphs (1)(a) and (b) shall be
made in such sums and at such times as the Minister of Finance directs.
6e. Application of the moneys of the Fund
(1) Notwithstanding the relevant provisions of the Financial Procedure Act 1957 and the
Development Funds Act 1966 moneys standing to the credit of the Fund may be applied by the Director General for the following purposes:
(a) payment of the remuneration of the Director General and other persons employed
by the Government in the Civil Aviation Department including contributions to
the Employees Provident Fund or other schemes approved by the Government in
respect of such persons;
(b) payment for the cost of goods and services acquired for the purposes of the civil
aviation services and for the acquisition of movable and immovable property
incidental to the carrying out of works and services pursuant to the provisions of
this Act;
(c) payment to the appropriate Consolidated Accounts by ways of reimbursement in
respect of—
(i) pensions, gratuities and other allowances granted under the pensions laws
to the Director General and other persons employed by the Government in
the Civil Aviation Department or their dependants;
(ii) interest and other charges and the principal repayments on loans raised
and appropriated after the appointed date for the purposes of the civil
aviation services; and
(iii) any moneys required to satisfy any judgement, decision or award against
the Federation by any court or tribunal in connection with the operation of
civil aviation services;
(d) payments in discharge of any liabilities incurred by the Federation on the civil
aviation services; and
(e) payment of any other expenditure properly incurred or accepted by the civil
aviation authority in the exercise of its powers and functions under this Act:
Provided that in all cases any payment by the civil aviation authority between 1st January of the year of the appointed date and the date immediately preceding the appointed date which would have to be made out of the Fund under this subsection had the payment been made on or after the appointed date, shall be accounted for in the Fund.
(2) Moneys standing to the credit of the Fund may be invested in accordance with the
provisions of subsection 8(3) of the Financial Procedure Act 1957.
6f. Power of the Minister of Finance to determine development expenditure from Fund
The Minister of Finance, after consultation with the Minister, may before or during a financial
year determine the maximum amount to be paid out of the Fund during that financial year in
respect of development expenditure for civil aviation services.
6g. Surplus money in Fund
There shall be paid out of the Fund into the Consolidated Revenue Account such sums as may be determined by the Minister of Finance after consultation with the Minister to be surplus to the requirements of the Fund in any financial year.
6h. Repayment of appropriation and payment of interest
The Minister of Finance may if he considers it appropriate to do so—
(a) direct payment out of the Fund in such amounts and at such times as he specifies
to the Consolidated Revenue Account or the Development Fund of sums paid into
the Fund under paragraphs 6d(1)(a) and (b);
(b) direct the payment out of the Fund at such times as he specifies to the
Consolidated Revenue Account of amounts representing interest at such rates as
he determines upon so much of any amount to which the last preceding paragraph
applies that has not been repaid.
6i. Financial policy in respect of civil aviation services
In the administration of this Act in relation to the civil aviation services the Director General
shall pursue a policy directed towards achieving in respect of each financial year, such financial
results as determined by the Minister in consultation with the Minister of Finance.
6j. Commercial Accounts
(1) Notwithstanding the relevant provision of the Financial Procedure Act 1957 and any
regulations made and instructions issued thereunder the books and accounts of the civil aviation authority shall be kept in accordance with generally accepted commercial accounting principles and practices.
(2) All the assets and liabilities of the civil aviation authority as on 1st January of the year
of the appointed date which are not reflected in the financial accounts of the Federation shall be incorporated into the commercial accounts and the net worth thereof shall be treated as capital of the Federation invested in the civil aviation authority on that date.
(3) The Director General with the concurrence of the Treasury shall issue directions and
instructions as to the manner in which the books and accounts shall be kept and the form in
which statements of accounts shall be submitted for audit.
6k. Application of profits
The net profit arising from the civil aviation services in respect of a financial year shall be
applied in such manner as the Minister with the concurrence of the Minister of Finance
determines.
6l. Funding
Each year the Director General shall submit through the Minister to the Treasury the estimated income and expense statement on the operations of civil aviation services in respect of the next succeeding financial year, the total cash requirement for operating and development expenditure
to be incurred in respect of those services during that year and the sources from which the
moneys to be expended are proposed to be obtained. In support of this statement the Director General shall submit details of the development programme which he proposes to undertake in the next succeeding financial year and other matters relating to civil aviation services as the Treasury considers appropriate.
6m. Minister’s report to Parliament
The Minister shall cause to be laid before each House of Parliament before the commencement of each financial year a statement of the estimated financial results which he expects to achieve in the next succeeding financial year together with the details of the proposed development programme and the sources from which the programme will be financed.
6n. Audit
(1) The commercial accounts of the civil aviation authority shall be audited annually by the
Auditor General and the provisions of the Audit Act 1957 [Act 62] shall apply.
(2) The Director General shall, not later than 31st March, of the following year or such
later date as the Minister of Finance may determine transmit to the Auditor General the financial statements of the commercial accounts referred to in subsection (1) which will consist of the balance sheet, profit and loss statement and such other supporting statements as may be required by the Treasury.
(3) The audited statements shall be submitted to the Minister of Finance, who shall cause
them to be laid before each House of Parliament.
6o. Saving
Save as otherwise provided in this Part the provisions of the Financial Procedure Act 1957 and the Development Funds Act 1966 and any regulations made and instructions issued thereunder shall apply to the Director General and other persons employed by the Government in the Civil Aviation Department.
PART IV
CONTROL OF OBSTRUCTIONS IN VICINITY OF AERODROMES
7. Indication of presence of obstructions near aerodromes
(1) If the Minister is satisfied, with respect to any building, structure or erection in the
vicinity of an aerodrome, that, in order to secure that aircraft, including military aircraft, flying in the vicinity may be navigated with safety and efficiency, provision ought to be made, whether by lighting or otherwise, for giving to such aircraft warning of the presence of that structure, he may, by order under his hand, authorize the licensee or any person in charge of an aerodrome
and any person acting under the instruction of the licensee or the person in charge—
(a) to execute, install, maintain, operate and, as occasion requires, repair and alter,
such works and apparatus as may be necessary for enabling such warning to be
given in the manner specified in the order; and
(a) so far as may be necessary for exercising any of the powers conferred by the order
to enter upon and pass over, with or without vehicles, any such land as may be
specified in the order:
Provided that no such order shall be made in relation to any structure if it appears to the Minister that there have been made, and are being carried out, satisfactory arrangements for the giving of such warning of the presence of the structure.
(2) The Minister shall, before making any such order, cause to be published, in such
manner as he thinks best for informing persons concerned, notice of the proposal to make the order and of the place where copies of the draft order may be obtained free of charge, and take into consideration any representations with respect to the order which may, within such period not being less than two months after the publication of the notice as may be specified therein, be made to him by any person appearing to him to have an interest in any land which would be affected by the order; and, at the end of that period, the order may, subject to the provisions of this section, be made with such modifications, if any, of the original draft as the Minister thinks proper.
(3) Every such order shall provide—
(a) that, except in a case of emergency, no works shall be executed on any land in
pursuance of the order unless, at least fourteen days previously, the licensee or
any person in charge of an aerodrome to which the order relates has served, in the
manner specified in the order, on the occupier of that land and on every other
person known by the licensee or the person in charge to have an interest therein, a
written notice containing such particulars of the nature of the proposed works,
and the manner in which, and the time at which, it is proposed to execute them, as
may be specified by, or in accordance with, the order;
(b) that if, within fourteen days after service of such notice on any person having
such an interest, the licensee or any person in charge of an aerodrome receives a
written intimation of objection on the part of that person to the proposals
contained in the notice, being an intimation which specifies the grounds of
objection, then, unless and except in so far as the objection is withdrawn, no steps
shall be taken in pursuance of the notice without the specific sanction of the
Minister; and
(c) for requiring the licensee or any person in charge of an aerodrome to which the
order relates to pay to any person having an interest in any land affected by the
order such compensation for any damage or loss which that person may suffer in
consequence of the order as may, in default of agreement, be determined from
time to time by a single arbitrator appointed by the Chief Judge of the appropriate
High Court.
(4) For the purpose of this subsection, any expense reasonably incurred in connection with
the lawful removal of any apparatus installed in pursuance of such an order, and so much of any expense incurred in connection with the repair, alteration, demolition or removal of any structure to which such an order relates as is attributable to the operation of the order, shall be deemed to be damage or loss suffered in consequence of the order.
(5) The ownership of anything shall not be taken to be affected by reason only that it is
placed in, or affixed to, any land in pursuance of such an order as aforesaid; and, subject to the provisions of subsection (7), so long as any such order in respect of an aerodrome is in force, no person shall, except with the consent of the licensee or any person in charge of an aerodrome, wilfully interfere with any works or things which, to the knowledge of that person, are works or things executed or placed in, on or over any land in pursuance of the order.
(6) If any person contravenes the provisions of subsection (5), he shall be guilty of an
offence and on conviction shall be liable to imprisonment for a term not exceeding three years or to a fine not exceeding fifty thousand ringgit, or to both.
(7) Nothing in this section shall operate, in relation to any structure, so as to restrict the
doing of any work for the purpose of repairing, altering, demolishing or removing the structure
if—
(a) notice of the doing of that work is given as soon as may be to the licensee or any
person in charge of an aerodrome; and
(b) the giving of warning of the presence of the structure in the manner provided by
any order under this section in force in relation thereto is not interrupted.
8. Power to declare a controlled area
Whenever it appears to the Minister that it is, or is likely to become, necessary for the safety of
air navigation in the vicinity of an aerodrome or for securing the efficient operation of any aid to
air navigation, whether situated at or in the vicinity of an aerodrome or elsewhere that any area
should be cleared or kept clear of obstructions, he may, in conjunction with the Ruler or Yang
di-Pertua Negeri of the State concerned, by order, declare that area to be a controlled area for the
purposes of this Part and shall define the boundaries of that area.
9. Power to prohibit or regulate erection of structures and planting trees in controlled
area
The Minister may, in conjunction with the Ruler or the Yang di-Pertua Negeri of the State
concerned, at any time, by order, prohibit, absolutely or conditionally, or regulate the erection of
any structure above a height specified in such order, or the planting of any tree or other high
growing vegetation within a controlled area or any part of such area.
10. Notice to remove or alter structures, trees and other vegetation in controlled area
(1) The Minister, or any officer authorized by the Minister in that behalf, may, by notice in
writing, require the owner or occupier of any land subject to any order under section 9, within
such time, not being less than one month from the date of the service of such notice upon the
person concerned, as may be fixed by the notice—
(a) to remove or reduce in height any structure on such land which is above the
height specified in such order, whether such structure was erected before or after
the making of such order, or any tree or other high growing vegetation, either
planted in contravention of such order or likely, in the opinion of the Minister, to
cause an obstruction to aircraft or to hinder the operation of any aid to air
navigation; and
(b) to take such steps in regard to, or to effect such alterations to, any structure, tree
or other vegetation on any land within a controlled area, or any part of such area,
as may be necessary to comply with any conditions imposed by any order under
section 9 applicable to such structure, trees or vegetation or, in the case of any
structure erected or tree or vegetation existing before the making of such order,
which would have been applicable to such structure, tree or other vegetation if it
had been erected or planted after the making of such order.
(2) If default shall be made in complying with the provisions of such notice within the time
fixed by such notice, any officer authorized by the Minister, either generally or specially in that
behalf, may enter upon such land and cause such action to be taken as is required by such notice,
and may recover the cost of, and all expenses incurred in doing, any necessary work from the
person in default.
11. Power of entry on land
Any officer authorized in that behalf by the Minister, and any person employed in that behalf
under the supervision of any such officer, may, from time to time, enter upon, survey and take
levels of any controlled area and may do all other acts necessary for such survey and for the
purpose of marking out the boundaries of such area or any part thereof:
Provided that no such officer or person shall enter into any building or enclosed garden or
compound attached to any building without the consent of the occupier unless he shall have
previously given such occupier at least three clear days’ notice in writing of his intention to do
so.
12. Damage caused by reduction or removal of structure or valuable tree or plant
When any structure or valuable tree or plant is reduced in height or removed, or any expense is
reasonably incurred in compliance with any order or the conditions of any order under section 9,
the owner or occupier of the land shall, unless such structure was erected or such tree or plant
was planted in contravention of any order under section 9 or of the conditions imposed thereby,
be entitled to compensation to the extent to which he has suffered damage or loss by reason of
such reduction or removal or has incurred such expense.
13. Damage caused by entry on land under section 11
Where any damage is done to property in the exercise or purported exercise of any power
conferred by section 11, the owner or occupier shall be entitled to compensation to the extent to
which he has suffered damage thereby.
14. Compensation for loss of value of land
Where any land in a controlled area is affected by any order under section 9 prohibiting or
regulating the erection of any structure or the planting of any tree or vegetation, the owner or
occupier thereof shall be entitled to compensation to the extent, if any, that the value of his land,
or his interest in such land, is shown to have been, by reason of the provisions of such order,
depreciated in relation to the current ordinary market value of neighbouring land not included in
that order.
15. Procedure of settling claims for compensation under sections 12, 13 and 14
Where any person is entitled to any compensation by virtue of section 12, 13 or 14, the amount
of such compensation shall be determined by agreement or, in default of agreement, by a single
arbitrator appointed by the Chief Judge of the appropriate High Court.
16. Certain offences and penalty
(1) Any person who does any act in contravention of, or fails without reasonable excuse to
comply with the terms of, any order or notice made or issued under section 9 or 10 shall be
guilty of an offence and on conviction shall be liable to imprisonment for a term not exceeding
three years or to a fine not exceeding fifty thousand ringgit, or to both.
(2) Any person who wilfully obstructs any person in the exercise of any of the powers
conferred by this Part or by any subsidiary legislation made under this Part shall be guilty of an
offence and shall on conviction be liable—
(a) where such person is 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) where such person is a body corporate, to a fine not exceeding one hundred
thousand ringgit.
17. Power to make rules
The Minister may make rules generally for carrying into effect the provisions of this Part.
18. (Repealed by Act 803).
PART V
LIABILITY FOR DAMAGE CAUSED BY AIRCRAFT
19. Trespass, nuisance and responsibility for damage
(1) No action shall lie in respect of trespass or in respect of nuisance, by reason only of the
flight of aircraft over any property at a height above the ground, which, having regard to wind,
weather, and all the circumstances of the case, is reasonable, or the ordinary incidents of such
flight, so long as the provisions of this Act and any subsidiary legislation made under this Act
are duly complied with; but where material damage or loss is caused by an aircraft in flight,
taking off, or landing, or by any person in any such aircraft, or by any article falling from any
such aircraft, to any person or property on land or water, damages shall be recoverable from the
owner of the aircraft in respect of such damage or loss, without proof of negligence or intention
or other cause of action, as though the same had been caused by his wilful act, neglect or default,
except where the damage or loss was caused by or contributed to by the negligence of the person
by whom the same was suffered:
Provided that where material damage or loss is caused as aforesaid in circumstances in which—
(a) damages are recoverable from the owner in respect of such damage or loss by
virtue only of the preceding provisions of this section; and
(b) a legal liability is created in some person other than the owner to pay damages in
respect of such damage or loss,
the owner shall be entitled to be indemnified by that other person against any claim in respect of
the damage or loss.
(2) Where any aircraft has been bona fide demised, let or hired out for a period exceeding
fourteen days to any other person by the owner thereof, and no pilot, commander, navigator or
operative member of the crew of the aircraft is in the employment of the owner, this section shall
have effect as though for references to the owner there were substituted references to the person
to whom the aircraft has been so demised, let, or hired out.
20. Nuisance caused by aircraft on aerodromes
(1) Regulations made under section 3 may provide for regulating the conditions under
which noise and vibration may be caused by aircraft on aerodromes and may provide that
subsection (2) shall apply to any aerodrome concerning which provision as to noise and vibration
caused by aircraft is so made.
(2) No action shall lie in respect of nuisance by reason only of the noise and vibration
caused by aircraft on an aerodrome to which this subsection applies by virtue of regulations
under section 3, so long as the provisions of any such regulations are duly complied with.
PART VI
DETENTION OF AIRCRAFT
21. Exemption of aircraft and parts thereof from seizure on patent claims
(1) Any lawful entry into Malaysia or any lawful transit across Malaysia, with or without
landings, of an aircraft to which this section applies shall not entail any seizure or detention of
the aircraft or any proceedings being brought against the owner or operator thereof or any other
interference therewith by or on behalf of any person in Malaysia on the ground that the
construction, mechanism, parts, accessories or operation of the aircraft is or are an infringement
of any patent, design or model.
(2) The importation into, and storage in, Malaysia of spare parts and spare equipment for an
aircraft to which this section applies and the use and installation thereof in the repair of such an
aircraft shall not entail any seizure or detention of the aircraft or of the spare parts or spare
equipment or any proceedings being brought against the owner or operator of the aircraft or the
owner of the spare parts or spare equipment or any other interference with the aircraft by or on
behalf of any person in Malaysia on the ground that the spare parts or spare equipment or their
installation are or is an infringement of any patent, design or model:
Provided that this subsection shall not apply in relation to any spare parts or spare equipment
which are sold or distributed in Malaysia or are exported from Malaysia for sale or distribution.
(3) This section shall apply to an aircraft, other than an aircraft used in military, customs or
police service, registered in any country or territory in the case of which there is for the time
being in force a declaration, made by the Minister and published in the Gazette, with a view to
the fulfilment of the provisions of the Chicago Convention to which this section relates, that the
benefits of those provisions apply to that country or territory, and to such other aircraft as the
Minister may specify in any such declaration.
22. Detention of aircraft
Any regulations made under this Act may provide for the detention of aircraft to secure
compliance with this Act or any such regulations and may make such further provisions as
appears to the Minister to be necessary or expedient for securing such detention.
PART VII
WRECK AND SALVAGE
23. Wreck and salvage
(1) Any services rendered in assisting or in saving life from, or in saving the cargo or
apparel of, an aircraft in, on or over the sea or any tidal water, or on or over the shores of the sea
or any tidal water, shall be deemed to be salvage services in all cases in which they would have
been salvage services if they had been rendered in relation to a vessel; and, where salvage
services are rendered by an aircraft to any property or person, the owner of the aircraft shall be
entitled to the same reward for those services as he would have been entitled to if the aircraft had
been a vessel.
(2) Subsection (1) shall have effect notwithstanding that the aircraft concerned is a foreign
aircraft, and notwithstanding that the services in question are rendered elsewhere than within the
limits of the territorial waters adjacent to any part of Malaysia.
(3) The provisions relating to vessels in distress (except in respect of examination of ships
in distress) and provisions relating to dealing with wrecks, unclaimed wrecks, removal of
wrecks, offences in respect of wrecks, collisions, salvage procedure, jurisdiction of the High
Courts in salvage and Receivers of wrecks contained in the law for the time being in force
relating to merchant shipping shall apply in relation to aircrafts as those provisions apply to
ships, with such modifications as may be necessary and in particular with the following
exceptions, adaptations and modifications:
(a) the word “vessel” and “ship” shall respectively include aircraft;
(b) the expression “wreck” shall include any aircraft or any part thereof found
derelict in or upon the seas surrounding Malaysia or the tidal waters thereof or
any ports or harbours thereof or upon or near the shores of the said seas and
waters or found or taken possession of outside Malaysia and the said seas and
tidal waters and subsequently brought within those limits;
(c) the word “master” shall include the commander or other person in charge of an
aircraft;
(d) the word “shipwrecked” shall include aircraft wrecked.
PART VIII
RESTRICTION ON CLAIMS FOR DAMAGES AND COMPENSATION
24. Restriction on claims for damages and compensation
(1) No damages or compensation in respect of any subsidiary legislation under this Act, or
of any act done under this Act or such subsidiary legislation, shall be recoverable—
(a) save under and in accordance with the relevant provisions of this Act and of any
subsidiary legislation made hereunder; and
(b) unless the claim is made within three months of happening of the event which
gave rise to the claim or within such further time as the Minister may, in any case
or class of cases, allow.
(2) This section shall not apply to any claims made under or any actions brought in
pursuance of section 19.
PART VIIIA
LICENCE TO PROVIDE AIRPORT AND AVIATION SERVICES
24a. Power of Minister to grant a licence to provide airport and aviation services
(1) The Minister may grant a licence to a company nominated by the Government of
Malaysia under this to carry out any function of the Department of Civil Aviation, or to provide
any services, within an airport or otherwise; and references in this Act to the licensed company
are references to the company so nominated and licensed under this section.
(2) Without prejudice to the generality of subsection (1), every licence issued under this
section shall set out the following matters:
(a) the function to be carried out or the services to be provided by the company; and
references in this Act to any airport and aviation services shall be references to
the services so provided by the company;
(b) the compliance by the company of performance standards established by the
Director General under paragraph 2b(a);
(c) the airport or airports to be operated by the company; and references in this Act to
any designated airport are references to an airport operated by the company;
(d) the duration of the licence;
(e) the annual fee payable by the company;
(f) the particular duties of the company in respect of services provided by it; and
(g) such other matters or conditions as the Minister thinks fit.
(3) The issue of a licence to a company under subsection (1) shall not impose any liability
on the Government of Malaysia for any loss, damage, injury or death occasioned by, or resulting
from any incident or reportable accident as a result of, any act, omission or default of the
company.
(4) In this section—
“incident” means an occurrence associated with the operation of an aircraft which affects or
could affect the safety of the operation;
“reportable accident” means an occurrence associated with the operation of an aircraft which
takes place between the time any person boards the aircraft with the intention of flight until such
time as all such persons have disembarked from it, in which—
(a) a person dies or is fatally or seriously injured as a result of—
(i) being in the aircraft;
(ii) direct contact with any part of the aircraft, including parts which have
become detached from the aircraft; or
(iii) direct exposure to jet blast,
except when the death or injuries are from natural causes, self-inflicted or inflicted by other
persons, or when the death or injuries are to stowaways hiding outside the areas normally
accessible to the passengers and crew;
(b) the aircraft sustains damage or structural failure which—
(i) adversely affects the structural strength, performance or flight
characteristics of the aircraft; and
(ii) would normally require major repair or replacement of the affected
component,
except for engine failure or damage, when the damage is limited to the engine or its cowlings or
accessories, or for damage limited to propellers, wing tips, antennae, tyres, brakes, fairings,
small dents or puncture holes in the aircraft skin; or
(c) the aircraft is missing or completely inaccessible.
24b. Charges and fees collected by licensed company
Notwithstanding any provision of this Act or the Financial Procedure Act 1957, all charges and
fees prescribed under regulations made pursuant to section 3, which relate to the carrying out of
any function or service by a licensed company, shall be collected by, and form part of the
revenue of, the licensed company.
24c. Submission of memorandum for any change in existing charges and fees
(1) The licensed company may submit to the Minister a memorandum containing proposals
for any change in the existing charges and fees prescribed under regulations made under section
3, which relate to the carrying out of any of its function or service, for the approval of the
Minister.
(2) The Minister shall consider the memorandum within six months of its submission.
(3) Where the Minister approves the memorandum, he may subject his approval to such
modifications as he deems fit to the proposals in the memorandum.
(4) Where the Minister rejects the memorandum, the licensed company may, where there is
a change in circumstances relating to the proposals in the memorandum, apply to the Minister for
a review:
Provided that such application shall 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 of its submission.
24d. Minister to make regulations in respect of change in charges and fees
Where the Minister approves the memorandum, with or without any modifications, he shall as
soon as practicable make regulations under section 3 in respect of the change in the existing
charges and fees which relate to the carrying out of any function or service by the licensed
company.
24e. General duties of licensed company
(1) It is the duty of the licensed company to ensure that the services provided by it meet the
performance standards established by the Director General under paragraph 2b(a).
(2) The licensed company shall have due regard to the efficiency, economy and safety of
operation in respect of the services provided by it.
24f. Contravention of conditions of licence
Any licensed company which contravenes any of the conditions of the licence issued under this
Part shall be guilty of an offence and shall on conviction be liable to a fine not exceeding one
hundred thousand ringgit.
24g. (Repealed by Act A1192).
24h. Inspectorial power of Director General
The Director General may for the purposes of this Act or any of the regulations made thereunder
enter upon any of the premises occupied by the licensed company to inspect and examine the
state of such premises or any building or facility therein.
24i. Suspension or revocation of licence on breach of condition of licence
(1) Where the Director General is satisfied that the licensed company is contravening, or
has contravened and is likely again to contravene, any of the conditions of its licence, the
Director General may give notice in writing to the licensed company requiring it to comply with
that condition within the period prescribed in the notice.
(2) If on the expiry of the period prescribed in such notice the licensed company fails to
comply with the condition mentioned therein, the Director General shall submit to the Minister a
report of such failure by the licensed company and the report shall be in such form as the
Director General considers appropriate.
(3) Where, after considering the report from the Director General, the Minister is satisfied
that the contraventions were, or the apprehended contraventions are, of a serious nature or
affected or likely to affect the public interest or safety and that the licensed company has refused
to take or has not taken all such steps as appear necessary to the Minister for the purpose of
securing compliance with the condition in question, the Minister may give to the licensed
company notice stating that he proposes to suspend or revoke, as the case may be, its licence and
such notice shall also set out or specify—
(a) the condition of the licence which the company has contravened and the acts or
omissions which constitute such contravention; and
(b) the period (not being less than thirty days from the date of the notice) within
which the licensed company may make representations with respect to the
proposed suspension or revocation, as the case may be.
(4) After the expiry of the period specified in the notice and considering any
representations made by the licensed company, the Minister shall decide whether to proceed with
the proposed action or to take no further action.
(5) A notice shall be given by the Minister to the licensed company of his decision and the
decision shall take effect from the date on which the said notice is served on the company.
(6) The decision of the Minister under this section shall be final and conclusive.
24j. Suspension or revocation of licence on breach of this Act or regulations thereunder
(1) Where the Director General is satisfied that the licensed company has breached or failed
to comply with any provision of this Act or any of the regulations made thereunder, he shall
submit to the Minister a report of such breach or non-compliance by the licensed company.
(2) Where, after considering the report from the Director General, the Minister is satisfied
that the breach or non-compliance was of a serious nature or affected or likely to affect the
public interest or safety, he shall give notice to the licensed company stating that he proposes to
suspend or revoke, as the case may be, its licence and such notice shall also set out or specify—
(a) the provision of this Act or the regulations made thereunder which the company
has contravened and the acts or omissions which constitute such contravention;
and
(b) the period (not being less than thirty days from the date of the notice) within
which the licensed company may make representations with respect to the
proposed suspension or revocation, as the case may be.
(3) After the expiry of the period specified in the notice and considering any
representations made by the licensed company, the Minister shall decide whether to proceed with
the proposed action or to take no further action.
(4) A notice shall be given by the Minister to the licensed company of his decision and the
decision shall take effect from the date on which the said notice is served on the company.
(5) The decision of the Minister under this section shall be final and conclusive.
24k. Special power in emergency
(1) The Yang di-Pertuan Agong may, on the occurrence of any industrial unrest, strike,
lock-out or any other event which gives rise to an emergency or in the interest of public safety,
authorize the Minister to—
(a) suspend the licence of the licensed company, take temporary possession of any
designated airport and operate any airport and aviation services therein through
the Department of Civil Aviation, Malaysia, or in such manner as the Minister
thinks fit; or
(b) withdraw either partially or totally the use of any airport from any person or class
of persons or from the public at large.
(2) If any doubt arises as to the existence of an emergency or whether any act done under
subsection (1) was in the interest of public safety, a certificate signed by the Yang di-Pertuan
Agong and exhibited at such places as the Minister deems fit shall be conclusive proof on the
point.
(3) Where the Government takes possession of any designated airport under paragraph
(1)(a), adequate compensation shall be paid.
24l. Use, occupation, etc., of lands in Malacca and Penang under Article 166(3)
Where any lands in Malacca or Penang are occupied, used, controlled and managed by the
Federal Government under Clause (3) of Article 166 of the Constitution, the State Authority, if
so requested by the Minister, may upon application in writing by the licensed company—
(a) permit the whole or a part of such land to be occupied, used, controlled and
managed by the licensed company on such terms and conditions as may be agreed
between the Federal Government, the State Authority, and the licensed company;
or
(b) alienate such land to the licensed company on such terms and conditions as may
be specified by the State Authority under and in accordance with the National
Land Code [Act 56 of 1965], and agreed upon by the Federal Government.
PART IX
MISCELLANEOUS
24m. Offence by body corporate
Where an offence under this Act or under any regulations made under this Act is committed by a
body corporate, every person who was a director, secretary or manager or other similar officer of
the body corporate or was purporting to act in any such capacity or was in any manner or to any
extent responsible for the management of the affairs of the body corporate is deemed to have
committed the offence unless that person proves that the offence was committed without his
consent or connivance and that he had exercised due diligence to prevent the commission of the
offence as he ought to have exercised, having regard to the nature of his functions in that
capacity and to all the circumstances.
24n. Power to compound
(1) The Director General may, with the consent of the Public Prosecutor, offer in writing to
compound any offence under this Act or under any regulations made under this Act by accepting
from the person reasonably suspected of having committed the offence such amount, not
exceeding fifty per centum of the amount of the maximum fine for that offence to which that
person would have been liable if he had been convicted of the offence, within such time as may
be specified in the offer.
(2) An offer under subsection (1) may be made at any time after the offence has been
committed, but before any prosecution for it has been instituted, and if the amount specified in
the offer is not paid within the time specified in the offer or within such extended period as the
Director General may grant, prosecution for the offence may be instituted at any time after that
against the person to whom the offer was made.
(3) Where an offence has been compounded under subsection (1), no prosecution shall be
instituted in respect of the offence against the person to whom the offer to compound was made.
(4) Any money received by the Director General under this section shall be paid into and
form part of the Federal Consolidated Fund.
Ins. Act A1192
24o. Publication of notices, etc.
(1) Every notice, circular, directive and information issued under this Act or under any
subsidiary legislation made under this Act shall be published by the Director General in such
manner as in his opinion will ensure that the notice, circular, directive and information is brought
to the attention of the person who has to comply with such notice, circular, directive and
information.
(2) Any person who fails to comply with such notices, circulars, directives and information
shall be guilty of an offence and shall on conviction be liable—
(a) where such person is 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) where such person is a body corporate, to a fine not exceeding one hundred
thousand ringgit.
25. Extra-territorial application of subsidiary legislation
No provision contained in any subsidiary legislation made under this Act shall, on the ground
that it would have extra-territorial operation, be deemed to be invalid in so far as it applies to
Malaysian aircraft, wherever they may be, or prohibits, requires or regulates—
(a) the doing of anything by persons, in or any of the crew of, Malaysian aircraft,
wherever they may be; or
(b) the doing of anything in relation to Malaysian aircraft by other persons, wherever
they may be.
26. Offences
Any act done by any person on Malaysian aircraft outside of Malaysia which, if it had been done
by him in Malaysia, would have constituted an offence under the laws of Malaysia, shall, for the
purposes of criminal proceedings in Malaysia against that person in respect of that act, be
deemed to have been done by him in Malaysia.
27. Military aircraft
Any subsidiary legislation made under this Act may, if it so expressly provides, apply to military
aircraft or to any class or classes of military aircraft.
27a. (Repealed by Act A803).
PART X
TRANSITIONALS
28. Repeal of certain laws and saving provisions
(1) The Civil Aviation Act 1949, and the Colonial Civil Aviation (Application of Act)
Order 1952 (both of the United Kingdom) shall, from the commencement of this Act, cease to
have effect in any part of Malaysia; and such cessation shall be deemed to be a repeal for the
purposes of the Interpretation Acts 1948 and 1967 [Act 388].
(2) The laws set out in the Schedule to this Act are hereby repealed.
(3) Notwithstanding subsections (1) and (2) and the Schedule—
(a) except where any subsidiary legislation is expressly repealed by this Act, all
subsidiary legislation which was—
(i) made under, or applied by, any law which is repealed or ceases to have
effect by virtue of this Act; and
(ii) in force in any aviation area immediately before the commencement of
this Act, shall (without prejudice to the power to amend the same by any
subsidiary legislation made under the appropriate provisions of this Act
and subject to such modifications as may be necessary to bring such
subsidiary legislation into conformity with this Act) continue in force in
that aviation area until repealed or replaced by subsidiary legislation made
under those appropriate provisions, or otherwise terminated, and shall be
deemed to have been made thereunder; and
(b) any instrument which was—
(i) issued, served or granted under any law which was repealed or ceases to
have effect by virtue of this Act; and
(ii) in force in any aviation area immediately before the commencement of
this Act, shall (without prejudice to any power to amend such instrument
and subject to such modifications as may be necessary to bring it into
conformity with this Act) continue in force in that aviation area until
superseded, revoked or otherwise terminated, and shall be deemed to have been issued, served or granted under this Act, and this Act and any
subsidiary legislation made hereunder shall apply to, or in relation to, such instrument accordingly:Provided that no such instrument which is
expressed to continue in force for a definite period shall continue in force
after the expiration of that period unless it is being renewed in accordance
with this Act and any subsidiary legislation made hereunder.
(4) In this section—
“aviation area” means—
(a) Malacca and Penang;
(b) Sabah;
(c) Sarawak; or
(d) the States of West Malaysia other than Malacca and Penang,
as the circumstances of the case require;
“instrument” means any instruction or other requirement, any notice and any certificate,
licence, validation or other authority.
Schedule
[Section 28(1)]
Malaysian Laws to be Repealed
1. The Aerodromes (Control of Obstructions) Ordinance of Sabah [Cap. 3].
2. The Aerodromes (Control of Obstructions) Ordinance 1950 [F. of M. No. 25 of 1950].
3. The Air Navigation Ordinance of Sabah [Cap. 5].
4. The Air Navigation Ordinance of Sarawak [Cap. 129].
5. The Air Navigation Ordinance 1952 [F. of M. No. 84 of 1952] in force in the States of Malaya
other than Malacca and Penang.
6. The Air Navigation Ordinance [S.S. Cap. 108] in force in Malacca and Penang.
7. The Air Navigation (Wreck and Salvage) Regulations 1953 [L.N. 586 of 1953].
8. The Air Navigation Aids (Control of Obstructions) Act 1962 [F. of M. No. 30 of 1962].
LIST OF AMENDMENTS
Amending law Short title In force from
Act A282 … … Civil Aviation (Amendment) Act 1975 28-2-1975
Act A160 … … Malaysian Currency (Ringgit) Act 1975 29-8-1975
Act A679 … … Civil Aviation (Amendment) Act 1987 25-9-1987
Act A803 … … Civil Aviation (Amendment) Act 1991 1-11-1992
Act A885 … … Constitution (Amendment) Act 1994 24-6-1994
Act A1062 … … Civil Aviation (Amendment) Act 1999 9-7-1999
Act A1192 … … Civil Aviation (Amendment) Act 2003 1-6-2003
