Establishment of the Commission
(1) A body corporate to be known as the “Suruhanjaya Penerbangan Malaysia” or “Malaysian Aviation Commission” is established.
(2) The Commission shall have perpetual succession and a common seal.
(3) The Commission may sue and be sued in its corporate name.
(4) Subject to and for the purposes of this Act, the Commission may, upon such terms as the Commission deems fit—
(a) enter into contracts;
(b) acquire, purchase, take, lease, hold, sell and enjoy any movable and immovable property of every description or any interest in such property vested in the Commission; and
(c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property and any interest in such property vested in the Commission.
Common seal
(1) The Commission shall have a common seal which shall bear such device as the Commission shall approve and such seal may be broken, changed, altered or made anew as the Commission thinks fit.
(2) Until a seal is provided by the Commission, a stamp bearing the words “Suruhanjaya Penerbangan Malaysia” or “Malaysian
Aviation Commission” may be used and shall be deemed to be the common seal of the Commission.
(3) The common seal shall be kept in the custody of the Executive Chairman or such other person as may be authorized by the Commission, and shall be authenticated by the Executive Chairman or by such other person authorized by the Executive Chairman in writing.
(4) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.
(5) Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Commission or an employee of the Commission authorized in that behalf.
(6) The common seal of the Commission shall be officially and judicially noticed.
Membership of the Commission
(1) The Commission shall consist of the following members:
(a) the Executive Chairman who shall be appointed by the Prime Minister;
(b) two representatives of the Federal Government consisting of—
(i) the Secretary General of the Ministry of Transport; and
(ii) the Director General of the Economic Planning Unit of the Prime Minister’s Department; and
(c) not less than four but not more than six other members who shall be appointed by the Minister after
consultation with the Prime Minister, and who, in the opinion of the Minister, have experience or shown capacity and professionalism in matters relating to economics, finance, aviation, business, administration, law or any other matter relevant to the functions of the Commission.
(2) The Executive Chairman shall be a person who, in the opinion of the Prime Minister, has experience, shown capacity and professionalism in matters relating to economics, finance, aviation, business or administration relevant to the functions of the Commission.
(3) No person shall be a member of the Commission if he—
(a) holds office or employment in or relating to aviation services;
(b) is involved in any business or other activity carried on for the purpose of gain in or relating to aviation services; or
(c) is or becomes involved in any activity which may interfere with his independence in discharging his duties.
(4) Without prejudice to subsection (3), any member of the Commission, other than the members specified in paragraph 5(1)(b), shall not, while being a member of the Commission, hold any other office or employment, whether remunerated or not, without the prior written approval of the Prime Minister.
Alternate members
(1) The Prime Minister shall, in relation to each member appointed under paragraph 5(1)(b) appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Commission when such member is unable to attend for any reason.
(2) An alternate member who attends the meetings of the Commission shall, for all purposes, be deemed to be a member of the Commission.
(3) An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Commission.
Tenure of office
Subject to such conditions as may be specified in his instrument of appointment, a member of the Commission, other than the members specified in paragraph 5(1)(b), shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years and is eligible for reappointment for a maximum period of two consecutive terms.
Remuneration and allowances
(1) The Executive Chairman shall be paid such remuneration and allowances as the Prime Minister may determine.
(2) All other members of the Commission shall be paid allowances at such rates as the Prime Minister may determine.
Revocation of appointment and resignation
(1) The Prime Minister may, at any time, revoke the appointment of the Executive Chairman.
(2) The Minister may, at any time, revoke the appointment of any member of the Commission specified in paragraph 5(1)(c) after consultation with the Prime Minister.
(3) A member of the Commission, other than the members specified in paragraph 5(1)(b), may, at any time, resign his ofiice by
giving notice in writing to the Prime Minister or the Minister, as the case may be.
Vacation of office
(1) The office of a member of the Commission is vacated—
(a) if he dies;
(b) if there has been proved against him, ore he has been convicted on, a charge in respect of―
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption or under section 13; or
(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;
(c) if he becomes a bankrupt;
(d) if he is of unsound mind or is otherwise incapable of discharging his duties;
(e) in the case of the Executive Chairman, if he absents himself from three consecutive meetings of the Commission without leave of the Prime Minister;
(f) in the case of a member of the Commission, other than the Executive Chairman and the members specified in paragraph 5(1)(b), if he absents himself from three consecutive meetings of the Commission without leave of the Executive Chairman;
(g) if his resignation is accepted by the Prime Minister or Minister, as the case may be; or
(h) if his appointment is revoked by the Prime Minister or Minister, as the case may be, pursuant to section 9 or by the Prime Minister pursuant to section 16.
Effect of cessation of membership
Where any person ceases to be a member of the Commission—
(a) another person shall be appointed in his place in accordance with the provisions applying; and
(b) he shall not, within two years from the cessation of his membership, 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 services.
Committees
(1) The Commission may establish such committees as it considers necessary or expedient to assist it in the performance of its functions.
(2) The Commission may elect any of its members to be the chairman of a committee.
(3) The Commission may appoint any person to be a member of any committee established under subsection (1).
(4) A member of a committee shall hold office on such terms and conditions as may be specified in his letter of appointment and is eligible for reappointment.
(5) The Commission may, at any time, revoke the appointment of any member of a committee.
(6) A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee and the Commission.
(7) A committee shall be subject to and act in accordance with any direction given to the committee by the Commission.
(8) The Commission may at any time discontinue or alter the constitution of a committee.
Disclosure of interest
(1) Any member of the Commission or a committee who has or acquires a direct or indirect interest by himself, through a member of his family or his associate in relation to any matter under discussion by the Commission or the committee shall disclose to the Commission, or the committee, as the case may be, the fact of his interest and the nature and extent of that interest.
(2) A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Commission or the committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—
(a) shall not be present or take part in any discussion or decision of the Commission or the committee, as the case may be, about the matter; and
(b) shall be disregarded for the purpose of constituting a quorum of the Commission or the committee, as the case may be,
when the matter is discussed or decided upon.
(3) A member of the Commission or a committee who fails to disclose his interest as provided under subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding five hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.
(4) No act or proceedings of the Commission or a committee shall be invalidated on the ground that any member of the Commission or the committee has contravened this section.
(5) For the purpose of this section—
“a member of his family”, in relation to a member of the Commission or a committee, includes―
(a) his spouse;
(b) his parent including a parent of his spouse;
(c) his child including an adopted child or stepchild;
(d) his brother or sister including a brother or sister of his spouse; and
(e) a spouse of his child, brother or sister; and
“associate”, in relation to a member of the Commission or a committee, means―
(a) a person who is a nominee or an employee of the member;
(b) a firm of which the member or any nominee of his is a partner;
(c) a partner of the member;
(d) a trustee of a trust under which the member or a member of his family is a beneficiary; or
(e) any corporation within the meaning of the * Companies Act 2016 [Act 777], of which or in
* NOTE—This Act has repealed the Companies Act 1965 [Act 125] w.e.f. 31 January 2017
which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding.
First Schedule
The provisions of the First Schedule shall apply to the members of the Commission and the members of a committee appointed under section 12.
Code of conduct
(1) The Commission shall prescribe a code of conduct to be observed by the members of the Commission and the members of a committee to the extent and in such manner as it considers appropriate.
(2) The members of the Commission and the members of a committee shall comply with the provisions prescribed in the code of conduct.
(3) If it comes to the knowledge of the Commission that there is an alleged breach of the code of conduct, the matter shall be referred to the Disciplinary Panel.
Disciplinary Panel and disciplinary proceedings
(1) Upon receipt of the matter under subsection 15(3), the Disciplinary Panel shall—
(a) inform the member of the Commission or the committee in writing of the acts of the alleged breach of the code of conduct; and
(b) give the member of the Commission or the committee an opportunity to make a written representation within a period of thirty days from
the date he is informed of the alleged breach of the code of conduct.
(2) The Disciplinary Panel shall consist of the following persons:
(a) in the case of disciplinary proceedings against any member of the Commission, three persons to be appointed by the Prime Minister; or
(b) in the case of disciplinary proceedings against any member of the committee, three persons to be appointed by the Executive Chairman.
(3) The appointment of the members of the Disciplinary Panel shall be on an ad hoc basis.
(4) If, after considering the member of the Commission’s or the committee’s representation, if any, the Disciplinary Panel finds that—
(a) there is no merit in the matter, the Disciplinary Panel shall dismiss the matter and notify the Commission and the member of the Commission or the committee of its decision; or
(b) there is merit in the matter, invite the member of the Commission or the committee to appear before the Disciplinary Panel to be heard.
(5) If, after due consideration of the representation made by the member of the Commission or the committee who appears before the Disciplinary Panel pursuant to paragraph (4)(b), the Disciplinary Panel is satisfied that—
(a) the breach is proven, the Disciplinary Panel may recommend to the Prime Minister or the Commission, as the case may be, that the member of the Commission or the committee be removed from being a member; or
(b) the breach is not proven, the Disciplinary Panel shall dismiss the matter.
(6) After receiving the recommendation of the Disciplinary Panel under paragraph (5)(a), the Prime Minister or the Commission, as the case may be, shall revoke the appointment of the member of the Commission or the committee and impose a financial penalty of not less than ten thousand ringgit and not more than five hundred thousand ringgit.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
