SPORTS DEVELOPMENT ACT 1997
(1) This Act may be cited as the Sports Development Act 1997 and shall apply throughout Malaysia.
(2) This Act shall come into force on such date or dates as the Minister may, by notification in the Gazette, appoint; and the Minister may appoint different dates for the coming into force of different provisions of this Act and for the application of this Act to different parts of Malaysia.
In this Act, unless the context otherwise requires "certificate" means the certificate of registration issued under section 18;
"Commissioner" means the Commissioner of Sports appointed under section 10 and includes a Regional, Deputy or Assistant Commissioner of Sports;
"company" has the same meaning as is assigned to that expression in the Companies Act 1965 and includes a "corporation" as defined in that Act;
"licence" means the licence issued by the Commissioner under section 36;
"Minister" means the Minister charged with the responsibility for sports;
"National Sports Council" means the National Sports Council of Malaysia established under the National Sports Council of Malaysia Act 1971;
(1) Subject to subsection (2), the Minister shall be responsible for providing or issuing guidelines in relation to the development of sports including the long term development programme for sportspersons, coaches and sports administrators and officials at all levels.
(2) The Minister shall not provide or issue any guidelines under subsection (1) where there already exist international guidelines or rules on the same matter.
All associations, agencies or bodies that are involved in sports shall consult and co-ordinate with the Minister in relation to any sports matter as may be prescribed by the Minister in the regulations.
(1) Subject to subsection (2), every Government Ministry or other governmental body at Federal, State or local level may carry out sporting activities or activities relating to physical education or sports, including the development of leadership qualities in physical education and sports.
(2) The Minister may, by notification in writing, require a Government Ministry or governmental body referred to in subsection (1) to consult and co-ordinate with him in relation to the activities referred to in that subsection.
(3) In this section, "Ministry" does not include the Ministry of Youth and Sports.
Pursuant to its role as provided for in the National Sports Council of Malaysia Act 197 1, the National Sports Council shall be the overall co-ordinating body for all sports bodies to promote and develop sports in Malaysia.
The Minister may, towards the development of sports, take all necessary action to encourage the development of sports science in higher educational institutions in Malaysia and for this purpose may render all assistance which he considers necessary.
(1) The Olympic Council of Malaysia is recognized by the International Olympic Committee as the National Olympic Committee for Malaysia.
(2) The Olympic Council of Malaysia shall be responsible for ensuring that the participation of Malaysia in the Olympic Games, Asian Games, Commonwealth Games, South East Asian Games and other international athletics competitions is in accordance with the rules and regulations of the International Olympic Committee,the Olympic Council of Asia, the Commonwealth Games Federation, the South East Asian Games Federation and other international sports bodies to which the Olympic Council of Malaysia is affiliated.
Subject to this Act, the provisions of this Act which are applicable to a sports body shall be equally applicable to the Olympic Council of Malaysia and references to a "sports body" in those provisions shall include a reference to the Olympic Council of Malaysia.
The Minister may appoint a Commissioner of Sports and so many Regional Commissioners, Deputy Commissioners and Assistant Commissioners of Sports and other officers and servants as the Minister thinks necessary for the proper administration of this Act.
(1) The Commissioner shall have the following powers:
(a) to register or refuse to register-
(i) any association, club, society or company as a sports body;
(ii) any sports body registered under the Societies Act 1966;
(b) to impose such conditions as he thinks fit on the registration of a sports body; and
(c) to revoke or suspend the registration of a sports body.
(2) The Commissioner may, in writing, delegate any of its powers under subsection (1) to any person or committee formed by the Commissioner for the purpose and may prescribe in writing such procedures and regulations as he deems necessary for the exercise of the powers so delegated.
(1) The Commissioner may direct any person to disclose to the Commissioner any information and produce any report and document within his knowledge or in his possession as may be deemed necessary for the purpose of exercising any of the powers and functions of the Commissioner under this Act and he may further direct the attendance before him of any person whom he considers necessary to enable him to carry out his powers and functions under this Act.
(2) Any person who-
(a) fails to comply with the direction of the Commissioner under subsection (1);
(b) discloses any information which is known to him to be false; or
(c) produces a report or document which is known to him to be false, shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
In addition to the powers, duties and functions conferred on the Commissioner by this Act and any regulations made thereunder, the Commissioner shall have and may exercise all such powers, discharge all such duties and perform all such functions as may be necessary for the purpose of giving effect to and carrying out the provisions of this Act.
(1) The Minister may give to the Commissioner any direction not inconsistent with the provisions of this Act as to the exercise and performance of his powers and functions in relation to any sports body and the Commissioner shall give effect to any such direction.
(2) The Commissioner shall furnish the Minister with such information in relation to any sports body as the Minister may require from time to time.
(1) Every sports body shall apply to the Commissioner to be registered under this Act to carry out any sporting activity.
(2) No sports body shall carry out any of the activities referred to in subsection 25(1) until and unless it has been registered under this Act.
Any sports body registered under the Societies Act 1966 shall. on the date of coming into force of this Act, cease to be registered under the Societies Act 1966 and shall, within five months thereof, apply to the Commissioner to be registered under this Act to carry out any sporting activity; and such sports body shall continue to operate as a sports body until notified otherwise by the Commissioner.
Upon an application by a sports body referred to in section 15 or 16, the Commissioner may-
(a) register the sports body upon receipt of such fees as may be prescribed by the regulations; or
(b) refuse to register such sports body.
(1) The Commissioner, on registering a sports body under section 17-
(a) shall issue a certificate of registration in the prescribed form to the sports body; and
(b) may impose such conditions as he deems fit on the sports body.
(2) A certificate of registration, unless proved to have been subsequently revoked, shall be conclusive evidence for all purposes that the sports body has been duly registered by the Commissioner under this Act.
(1) The Commissioner may refuse to issue a certificate of registration to a sports body unless-
(a) he is satisfied that such sports body is a nonpolitical organization for the promotion and development of a sport in Malaysia; or
(b) subject to subsection (2), the constitution or rules of such sports body, with the exception of the Olympic Council of Malaysia, contain provisions for all the matters set out in the Second Schedule or Third Schedule, whichever is applicable, or such other matters which the Commissioner may reasonably require.
(2) Where the matters set out in the Second Schedule or Third Schedule, whichever is applicable, are not incorporated in the constitution or rules of a sports body previously registered under the Societies Act 1966, these matters shall be deemed for the purposes of paragraph (1)(b) to have been incorporated in the constitution or rules of s
(1) The Commissioner may revoke or suspend the registration of a sports body if the Commissioner is satisfied that such sports body-
(a) has been registered as a result of a fraud or a mistake or misrepresentation in any material particular;
(b) has failed to comply with any of the conditions imposed by the Commissioner under section 18;
(c) has contravened any provision of this Act or any regulations made thereunder;
(d) is inactive or is no longer a fit and proper entity to be registered to represent its sport in any State or in Malaysia;
(e) is hindering the development of the particular sport and it is in the public interest to revoke or suspend its registration;
(f) has failed or neglected to remedy any malpractice, misconduct or irregularity on the part of its office bearers or its members within the period specified in the written n
21 PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES-21. Appeals.
(1) Any sports body aggrieved by a decision of the Commissioner-
(a) in refusing to register such sports body;
(b) in imposing conditions on the registration of such sports body; or
(c) in revoking or suspending the registration of such sports body,
may, within thirty days from the date of the notification of the decision of the Commissioner, appeal to the Minister whose decision thereon shall be final.
(2) Before making any decision under subsection (1), the Minister may refer the matter to the Sports Advisory Panel.
22 PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES-22. Directions to continue functions of sports body.
The Minister may, pending his decision on an appeal under subsection 21(1), give any direction so as to enable such sports body to continue its functions and may appoint an ad hoc committee to manage the affairs of such sports body for a period not exceeding twelve months.
23 PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES-23. Internal procedure for resolution of dispute.
Every sports body shall resolve any dispute arising amongst its members or with its committee or governing body in accordance with the internal procedures prescribed in the regulations.
24 PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES-24. Referral of dispute to Minister.
(1) Where a dispute cannot be resolved under the internal procedure referred to in subsection 23(1), any aggrieved member or the sports body itself may refer the dispute to the Minister for resolution.
(2) The Minister may, upon the advice of the Commissioner and at any time he deems it necessary and expedient, require any sports body to refer any dispute to him for resolution notwithstanding that the dispute has not been referred to him under subsection (1).
(3) The decision of the Minister under this section shall be final; but the Minister may seek the opinion of the Sports Advisory Panel or any other committee established by the Minister for that purpose before making his decision.
25 PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES-25. Consequences of refusal of registration or revocation or suspension of registration.
(1) Upon the refusal of the Commissioner to register any sports body under section 17 or upon the revocation or suspension of the registration of any sports body under this Act, the following provisions shall apply:
(a) such sports body shall not organize, conduct, sanction or participate in any activity, including ongoing competitions, events or forum for any sport, whether within or outside Malaysia;
(b) such sports body shall not receive or continue to receive funding from the Government, the National Sports Council or any statutory body;
(c) such sports body shall not be a member of any body or organization acting as or purporting to act as the governing body of any sport in Malaysia or represent or purport to represent the participants of any sport in Malaysia;
(d) such sports body shall not use the phrase "of Malaysia" for any of its activities, or any other form of
26 PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES-26. Regulations in respect of sports bodies.
The Minister may make such regulations as may be necessary in respect of sports bodies and in particular and without prejudice to the generality of the foregoing, the Minister may make regulations prescribing-
(a) the procedure for the application for registration and registration of sports bodies and the fees to be charged for such registration;
(b) the duties, powers and functions of sports bodies;
(c) the procedure for appeals by sports bodies and the fees to be charged therefor;
(d) the procedure for the appointment of coaches, referees, umpires and judges by sports bodies;
(e) all matters relating to the dissolution of sports bodies and the revocation of registration of sports bodies; and
(f) the disqualification of office bearers of sports bodies in certain circumstances.
27 PART VI SPORTS ADVISORY PANEL-27. Establishment of Sports Advisory Panel.
There shall be established a panel to be known as the "Sports Advisory Panel" to advise the Minister on all matters referred to it by the Minister and to carry out such functions as may be prescribed to it by the Minister under this Act.
28 PART VI SPORTS ADVISORY PANEL-28. Appointment of members of Sports Advisory Panel.
(1) The Sports Advisory Panel shall consist of the following members to be appointed by the Minister:
(a) a Chairman; and
(b) not more than eight other members, two of whom shall be from candidates nominated by the Olympic Council of Malaysia.
(2) The Chairman and members of the Sports Advisory Panel shall hold office for a period not exceeding two years and shall be eligible for reappointment.
(3) The Minister shall determine the remuneration and other terms and conditions of the Chairman and members of the Sports Advisory Panel.
(4) The Minister may declare the office of the Chairman or any member of the Sports Advisory Panel vacant on the ground that he has been found to be unfit to continue in office or unable to perform the duties of his office.
(5) The Chairman or any member of the Sports Advisory Panel may it any time resign from office by giving notice
29 PART VI SPORTS ADVISORY PANEL-29. Recommendation to the Minister.
The Sports Advisory Panel, after holding such inquiry as it thinks necessary, shall make such recommendations to the Minister in relation to any matter referred to it by the Minister under this Act.
30 PART VI SPORTS ADVISORY PANEL-30. Power of Sports Advisory Panel to require disclosure of information.
(1) The Sports Advisory Panel may direct any person to disclose to the Panel any information and produce any report and document within his knowledge or in his possession as may be deemed necessary for the purpose of exercising any of its powers and functions under this Act and may further direct the attendance before the Panel of any person whom the Panel considers necessary to enable it to carry out its duties and functions under this Act.
(2) Any person who-
(a) fails to comply with the direction of the Sports Advisory Panel under subsection (1);
(b) discloses any information which is known to him to be false; or
(c) produces a report or document which is known to him to be false,
shall be guilty of an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
31 PART VI SPORTS ADVISORY PANEL-31. No action to lie against the Sports Advisory Panel.
No action or other legal proceedings shall lie against any member of the Sports Advisory Panel for anything done or omitted to be done in good faith in connection with the exercise of the duties and functions of the Sports Advisory Panel under this Act.
32 PART VI SPORTS ADVISORY PANEL-32. Regulations in respect of Sports Advisory Panel.
The Minister may make such regulations as may be necessary in respect of the Sports Advisory Panel and in particular and without prejudice to the generality of the foregoing, the Minister may make regulations-
(a) prescribing the procedures to be adopted by the Sports Advisory Panel in dealing with any matter referred to it under this Act and the records, to be kept by it;
(b) prescribing the manner in which the Sports Advisory Panel shall be convened and the place where the Sports Advisory Panel shall hold its sittings;
(c) generally for the better carrying out of the duties and functions of the Sports Advisory Panel under this Act.
33 PART VII MISCELLANEOUS-33. Approval for hosting of international competition.
No person shall bid to host any international sports competition or event in Malaysia without the prior approval in writing of the Minister whose decision thereon shall be final.
34 PART VII MISCELLANEOUS-34. Use of recognized international rules and guidelines for competitions.
A sports body shall ensure that all sports competitions and events authorized, conducted or participated in by it as well as those held under its auspices, are in accordance with the recognized rules and guidelines of all international governing and regulatory bodies for its sport in all matters, including the standard and qualifications of all participants and officials as well as the health and safety measures for the participants, officials and spectators thereat.
35 PART VII MISCELLANEOUS-35. Minister's approval required for "Sukan Malaysia".
A person shall not, without the prior approval in writing of the Minister, organize or conduct any competition or event involving any sport by using the name "Sukan Malaysia" or any derivative or variation of such name.
36 PART VII MISCELLANEOUS-36. Company to apply for licence to operate.
(1) A company shall not involve itself in any sporting activity or in any other activity related to sports, as may be prescribed by the Minister in the regulations, unless it is licensed to do so by the Commissioner.
(2) The licence referred to in subsection (1) may be subject to a fee and such conditions as the Commissioner deems fit to impose.
(3) The Commissioner may, on being satisfied that there are reasonable grounds for doing so, revoke the licence issued to a company under this section after giving that company an opportunity to make representations to him.
37 PART VII MISCELLANEOUS-37. Amendment of Schedules.
The Minister may, by order, add to, delete or otherwise amend the Schedules as the Minister thinks necessary for the purpose of giving effect to or carrying out the provisions of this Act.
38 PART VII MISCELLANEOUS-38. Regulations.
(1) The Minister may make such regulations as may be expedient or necessary for the purpose of giving effect to or carrying out the provisions of this Act.
(2) In particular, without prejudice to the generality of the power conferred by subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:
(a) the forms to be used and the conditions to be complied with in applying to be registered or licensed under this Act;
(b) the information to be furnished to the Commissioner;
(c) the standards, technical specifications and requirements for all sports facilities in Malaysia;
(d) the internal procedures for resolving disputes within a sports body;
(e) the guidelines for the issuance of a licence to a company; and
(f) prescribing anything which may be prescribed under this Act.
39 PART VII MISCELLANEOUS-39. General offence.
Any person guilty of an offence under this Act for which no penalty is expressly provided shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
40 PART VII MISCELLANEOUS-40. Protection for appointed person, member of committee, etc.
No person or member of a committee appointed by the Minister under this Act or any officer, servant or agent thereof shall be liable to be sued in any court for any act done by him in good faith and in the exercise of any power or performance of any duty under this Act.
41 PART VII MISCELLANEOUS-41. General powers of Minister.
(1) The Minister may, upon being satisfied that there are special circumstances for doing so, exempt any person from all or any provision of this Act.
(2) Subject to the provisions of this Act and any regulations made thereunder, the Minister shall be the final authority in relation to sports and sports related matters.
42 PART VII MISCELLANEOUS-42. Transitional provisions.
(1) All applications for registration as a society carrying on activities which may only be carried out by a sports body and all applications for approval by such societies under the Societies Act 1966 which are pending on the date of coming into force of this Act shall, on that date, cease to be dealt with under that Act and shall be dealt with under the provisions of this Act.
(2) Any proceedings or cause of action pending or existing immediately before the date of coming into force of this Act under the Societies Act 1966 may be continued or instituted under that Act as if this Act had not been enacted.
(3) This Act shall not affect any person's liability to be prosecuted or punished for offences committed under the Societies Act 1966 before the date of coming into force of this Act, or any proceedings brought or sentence imposed before that date in respect of such offence.
43 PART VII MISCELLANEOUS-43. Prevention of anomalies.
(1) The Minister may, by order, make such modifications in the provisions of this Act as may appear to him to be necessary or expedient for the purpose of removing any difficulty occasioned by the coming into force of this Act:
Provided that the Minister shall not exercise the powers conferred by this section after the expiration of two years from the date of coming into force of this Act.
(2) In this section, "modifications" includes amendments, additions, deletions, substitutions, adaptations, variations, alteration and non-application of any provision of this Act.
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