(1) The Minister may grant a licence to a company nominated by the Government of Malaysia under this section to provide any services within an aerodrome or otherwise, other than the ground handling services and operation of an aerodrome which are subject to the Malaysian Aviation Commission Act 2015 [Act 771].

(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) (Deleted by Act A1497);

(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.

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.

(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.

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.

(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.

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 five hundred thousand ringgit.

The Director General may for the purposes of this Act or any of the regulations made under it 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 in it.

(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 in it, 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.

(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 under it, 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 under it 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.