AKTA SURUHANJAYA PENERBANGAN MALAYSIA (PEMBUBARAN) 2024

Malaysian Aviation Commission (Dissolution)

1 Act 856 Laws of Malaysia 2 Act 856 Date of Royal Assent ... ... 11 September 2024 Date of publication in the ... ... 25 September 2024 Gazette Publisher’s Copyright C PERCETAKAN NASIONAL MALAYSIA BERHAD All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Malaysian Aviation Commission (Dissolution) 3 Act 856 ARRANGEMENT OF SECTIONS Section

Short title and commencement

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Interpretation

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Repeal and dissolution

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Transfer of powers, rights, etc.

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Transfer of Aviation Commission Fund and Public Service Fund

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Existing contracts, etc.

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Existing operating and concession agreement

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Saving for pending application and complaint

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Saving for licence, permit and air traffic right

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Saving for order, etc.

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Membership of Commission, etc.

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Continuance of proceedings

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Continuance of laws, etc.

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Vesting of property, etc.

Laws of Malaysia 4 Act 856 Malaysian Aviation Commission (Dissolution) 5 Act 856

An Act to repeal the Malaysian Aviation Commission Act 2015 [Act 771], to dissolve the Malaysian Aviation Commission established under the Act, to provide for the vesting of its properties in the Civil Aviation Authority of Malaysia established under the Civil Aviation Authority of Malaysia Act 2017 [Act 788] and to provide for related matters. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

This Act may be cited as the Malaysian Aviation Commission

(Dissolution) Act 2024.

(2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation

In this Act, unless the context otherwise requires—

“Public Service Fund” means the Public Service Fund established under section 27 of the Malaysian Aviation Commission Act 2015; Laws of Malaysia 6 Act 856 “Civil Aviation Authority of Malaysia Fund” means the Civil Aviation Authority of Malaysia Fund established under section 26 of the Civil Aviation Authority of Malaysia Act 2017; “Aviation Commission Fund” means the Aviation Commission Fund established under section 25 of the Malaysian Aviation Commission Act 2015; “Minister” means the Minister charged with the responsibility for transport; “Authority” means the Civil Aviation Authority of Malaysia established under section 3 of the Civil Aviation Authority of Malaysia Act 2017; “Commission” means the Malaysian Aviation Commission established under section 3 of the Malaysian Aviation Commission Act 2015. Repeal and dissolution

The Malaysian Aviation Commission Act 2015 is repealed and the Commission established under...

Transfer of powers, rights, etc.

All powers, rights, duties, liabilities and obligations which before the date of coming int...

Transfer of Aviation Commission Fund and Public Service Fund

All moneys standing in, or due to be paid to, the Aviation Commission Fund and the Public S...

Malaysian Aviation Commission (Dissolution) 7 Existing contracts, etc.

All agreements, deeds, documents and other instruments subsisting before the date of coming...

Existing operating and concession agreement

A person who is authorized to carry out the services and activities stipulated in an agreem...

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(2) Nothing in this section shall be construed to extend the term or duration of an agreement specified in subsection (1) beyond the date of its expiry. Saving for pending application and complaint

Any application made or complaint received under the Malaysian Aviation Commission Act 2015...

Saving for licence, permit and air traffic right

Every person who, before the date of coming into operation of this Act, held a valid licenc...

[P.U. (A) 97/2016], or the Malaysian Aviation Commission Act 2015, or is allocated to him any air traffic right for domestic or international route by the Government, or the Commission Laws of Malaysia 8 Act 856 under the Malaysian Aviation Commission Act 2015 shall, on the date of coming into operation of this Act, be deemed to be the valid licence or permit holder, or has been allocated to him any air traffic right for domestic or international route under the Civil Aviation Authority of Malaysia Act 2017 until the expiry date of the licence, permit or right and subject to the terms and conditions attached to the licence, permit or right.

(2) Nothing in this section shall be construed to extend the term or duration of the licence, permit or right specified in subsection (1) beyond the date of its expiry.

(3) The Authority may alter the terms and conditions attached to the licence, permit or right authorized under subsection (1) for the purpose of bringing the licence, permit or right into conformity with the Civil Aviation Authority of Malaysia Act 2017.

(4) The provisions relating to the cancellation of licence, permit or right under the Civil Aviation Authority of Malaysia Act 2017 shall apply to the person referred to in subsection (1). Saving for order, etc.

Any order, exemption, notice, direction or decision made or given by the Commission under t...

Commission Act 2015 before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, be deemed to have been made or given by the Authority under the Civil Aviation Authority of Malaysia Act 2017 until the expiry date of the order, exemption, notice, direction or decision and subject to the terms and conditions attached to the order, exemption, notice, direction or decision. Membership of Commission, etc.

Members of the Commission who held office and members of any committee appointed under the...

Commission Act 2015 before the date of coming into operation of this Act shall, on the date of coming into operation of this Act, cease to hold office or cease to be members of the committee, as the case may be. Malaysian Aviation Commission (Dissolution)

(2) Any member of the Commission, except for the Secretary General of the Ministry of Transport shall not, within two years from the date of coming into operation of this Act, enter into any contract of service or carry out or be involved in any business or other activity carried on for the purpose of gain, in or relating to, aviation, unless with written approval of the Minister.

(3) Any member of the Commission who, before the date of coming into operation of this Act, ceased to be a member of the Commission, shall continue not to enter into any contract of service or carry out or be involved in any business or other activity carried on for the purpose of gain, in or relating to, aviation until the expiry date of two years from the date of his cessation, unless with written approval of the Minister. Continuance of proceedings

Any proceedings or cause of action by or against the Commission pending or exists before th...

Act had not been passed.

(2) Any appeal brought, or any leave to appeal applied for, on or after the date of coming into operation of this Act, against a decision given before the date of coming into operation of this Act in any legal proceedings in which the Commission was a party may be brought by or against the Authority as the appeal or leave of appeal might have been brought or applied by or against the Commission if this Act had not been passed. Continuance of laws, etc.

Subject to this Act, all written laws including subsidiary legislation in force before the...

Laws of Malaysia 10 Act 856

(2) Any reference to the Commission in any written law including subsidiary legislation or document shall be construed as a reference to the Authority. Vesting of property, etc.

Subject to this Act, the Minister may, from time to time, by order published in the Gazette...

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(2) Every property, rights, interest, obligation and liability transferred to and vested in the Commission shall be transferred to and vested in the Authority for the like title, estate or interest and on the like tenure as the property, rights, interest, obligation and liability were vested or held before the vesting date.

(3) Any land which before the date of coming into operation of this Act were vested in the Commission shall, on the vesting date, be vested in the Authority.

(4) Where by virtue of subsection (1), any property transferred to and vested in the Authority, the provisions of Part Thirty of the National Land Code [Act 828] shall, for the purpose of effecting the registration of such vesting, apply to the Authority.

(5) Any property and asset other than land which before the date of coming into operation of this Act were vested in the Commission shall, on the vesting date, be vested in the Authority.

(6) In the case of properties, rights, interests, obligations and liabilities arising under any loan which are vested in the Authority on the vesting date, the Authority may enter into agreements or arrangements over the properties, rights, interests, obligations and liabilities with any other person.