SPORTS DEVELOPMENT ACT 1997

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 576 SPORTS DEVELOPMENT ACT 1997 As at 10 March 2023 This text is ONLY AN UPDATED TEXT of the Sports Development Act 1997 by the Attorney General’s Chambers. Unless and until reprinted pursuant to the powers of the Commissioner of Law Revision under subsection 14(1) of the Revision of Laws Act 1968 [Act 1], this text is NOT AN AUTHENTIC TEXT. 2 SPORTS DEVELOPMENT ACT 1997 Date of Royal Assent … … … ... 12 September 1997 Date of publication in the Gazette … … … ... 25 September 1997 Latest amendment made by P.U. (A) 62/2023 which came into operation on … … … ... 10 March 2023 PREVIOUS REPRINTS First Reprint ... ... ... 2002 Second Reprint ... ... ... 2006 3 LAWS OF MALAYSIA Act 576 SPORTS DEVELOPMENT ACT 1997 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title, application and commencement 2. Interpretation PART II SPORTS DEVELOPMENT 3. Guidelines in relation to sports development 4. Associations, etc., to consult and coordinate with Minister 5. Other Government Ministries, etc., to consult with Minister 6. Coordinating body 7. Development of sports science PART III OLYMPIC COUNCIL OF MALAYSIA 8. National Olympic Committee 9. Application of Act to the Olympic Council of Malaysia 4 Laws of Malaysia ACT 576 PART IIIA PARALYMPIC COUNCIL OF MALAYSIA AND MALAYSIA DEAF SPORTS ASSOCIATION Section 9A. Paralympic Council of Malaysia 9 B. Malaysia Deaf Sports Association PART IV ADMINISTRATION OF ACT 10. Appointment of Commissioner, etc. 11. Power of Commissioner to register sports bodies 12. Power of Commissioner to require disclosure of information 13. Additional powers of Commissioner 14. Directions by the Minister PART V REGISTRATION AND SUPERVISION OF SPORTS BODIES 15. Application to be registered to carry out activities 16. Sports bodies registered under the Societies Act 1966 17. Registration of sports bodies 18. Certificate of registration 19. Grounds for refusal of registration 20. Revocation or suspension of registration by Commissioner 21. Appeals 22. Directions to continue functions of sports body 23. Internal procedure for resolution of dispute 24. Referral of dispute to Sports Dispute Committee 24A. Appeal against decision of Sports Dispute Committee 25. Consequences of refusal of registration or revocation or suspension of registration 26. Regulations in respect of sports bodies Sports Development PART VI SPORTS DISPUTE COMMITTEE Section 27. Establishment of Sports Dispute Committee 28. Appointment of members of Sports Dispute Committee 29. Secretary to Sports Dispute Committee and other officers 30. Power of Sports Dispute Committee to require disclosure of information 31. Protection against suits and legal proceedings 32. Regulations in respect of Sports Dispute Committee PART VII MISCELLANEOUS 33. Approval for hosting of international competition 34. Use of recognized international rules and guidelines for competitions 35. Minister’s approval required for “Sukan Malaysia” 36. Company to apply for licence to operate 37. Amendment to Schedules 38. Regulations 39. (Deleted) 40. Protection for appointed person, member of committee, etc. 41. General powers of Minister 42. Transitional provisions 43. Prevention of anomalies FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE 5 7 LAWS OF MALAYSIA Act 576 SPORTS DEVELOPMENT ACT 1997 An Act to promote and facilitate the development and administration of sports in Malaysia and to provide for matters incidental thereto. [Peninsular Malaysia—1 January 1998, P.U. (B) 9/1998; Federal Territory of Labuan—10 July 2003, P.U. (B) 211/2003; and Sabah and Sarawak—1 October 2004, P.U. (B) 373/2004] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title, application and commencement 1. (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. 8 Laws of Malaysia ACT 576 Interpretation 2. 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 2016 [Act 777] 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 [Act 29]; “office bearer”, in relation to a sports body, includes— (a) a member of any subcommittee or other body established or formed by the governing body of a sports body, or by the governing body of a branch of such sports body; (b) any person who is responsible to any extent for the management of any of the affairs, or the conduct of any of the activities, of a sports body or of any branch of such sports body; and (c) any person who is appointed or authorized to represent, or act on behalf of, a sports body or any branch of such sports body, in any matter, other than a person who is Sports Development 9 engaged by the sports body to represent, or to act on behalf of, the sports body or any branch of such sports body in his professional capacity or by contractual arrangement; “sport” means any of the activities listed in the First Schedule; “sporting activity”, in relation to a sport, includes— (a) the organization of competitions, seminars, clinics or courses for a sport; (b) the sending of participants to sporting competitions or events; and (c) any other activity ancillary or related to a sport; “sports body” means an association, club or society which acts as the governing or representative body of a sport in Malaysia whether at district, State or national level, whether or not such association, club, or society is only an affiliate of another association, club, or society; “Sports Dispute Committee” means the Sports Dispute Committee established under Part VI; “sportsperson” means the participant of a sport, including an athlete; “State” includes the Federal Territories of Malaysia. PART II SPORTS DEVELOPMENT Guidelines in relation to sports development 3. (1) Subject to subsection (2), the Minister shall be responsible for providing or issuing guidelines in relation to the development of 10 Laws of Malaysia ACT 576 sports including the long term development programme for sportsperson, 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. Association, etc., to consult and coordinate with Minister 4. All associations, agencies or bodies that are involved in sports shall consult and coordinate with the Minister in relation to any sports matter as may be prescribed by the Minister in the regulations. Other Government Ministries, etc., to consult with Minister 5. (1) Subject to subsection (2), every Government Ministry or other governmental body at Federal, State or local level may carry out sporting 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 coordinate 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. Coordinating body 6. Pursuant to its role as provided for in the National Sports Council of Malaysia Act 1971, the National Sports Council shall be the overall coordinating body for all sports bodies to promote and develop sports in Malaysia. Sports Development 11 Development of sports science 7. 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. PART III OLYMPIC COUNCIL OF MALAYSIA National Olympic Committee 8. (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 as 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. Application of Act to the Olympic Council of Malaysia 9. 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. 12 Laws of Malaysia ACT 576 PART IIIA PARALYMPIC COUNCIL OF MALAYSIA AND MALAYSIA DEAF SPORTS ASSOCIATION Paralympic Council of Malaysia 9A. (1) The Paralympic Council of Malaysia is recognized by the International Paralympic Committee as the National Paralympic Committee for Malaysia. (2) The Paralympic Council of Malaysia shall be responsible for ensuring that the participation of Malaysia in the Paralympic Games, Asian Paralympic Games and other international athletics competitions is in accordance with the rules and regulations of the International Paralympic Committee, Asian Paralympic Committee and other international sports bodies to which the Paralympic Council of Malaysia is affiliated. Malaysia Deaf Sports Association 9B. (1) The Malaysia Deaf Sports Association is recognized by the International Committee of Sports for the Deaf as the National Deaf Sports Federation for Malaysia. (2) The Malaysia Deaf Sports Association shall be responsible for ensuring that the participation of Malaysia in the Deaflympics, Asia Pacific Deaf Games and other international athletics competitions is in accordance with the rules and regulations of the International Committee of Sports for the Deaf, Asia Pacific Deaf Sports Confederation and other international sports bodies to which the Malaysia Deaf Sports Association is affiliated. Sports Development 13 PART IV ADMINISTRATION OF ACT Appointment of Commissioner, etc. 10. 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. Power of Commissioner to register sports bodies 11. (1) The Commissioner shall have the following powers: (a) to register or refuse to register— (i) any association, club or society as a sports body; (ii) any sports body registered under the *Societies Act 1966 [Act 335]; (b) to impose such conditions as the thinks fit on the registration of a sports body; and (c) to revoke or suspend the registrati