TOURISM INDUSTRY ACT 1992

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 482 TOURISM INDUSTRY ACT 1992 As at 1 December 2020 2 TOURISM INDUSTRY ACT 1992 Date of Royal Assent … … … … 30 January 1992 Date of publication in the Gazette … … … … 20 February 1992 Latest amendment made by Act A1562 which came into operation on … … … … 1 January 2019 First Reprint … Second Reprint … PREVIOUS REPRINTS ... ... ... ... ... 2001 ... 2006 3 LAWS OF MALAYSIA Act 482 TOURISM INDUSTRY ACT 1992 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 3. Power to designate tourism training institutions 4. The Commissioner of Tourism PART II LICENSING OF TOURISM ENTERPRISES 5. Tourism enterprises to be licensed 6. Submission of application for licence to the Commissioner 7. Grant of or refusal to grant licence 8. Suspension or revocation of licence 9. Appeal 10. Surrender of licence 11. Effect of suspension, revocation, surrender or expiry of licence 12. Return of licence 13. Restriction on use of word “tour”, etc. 4 Laws of Malaysia ACT 482 PART III REQUIREMENTS AND DUTIES ON LICENSED TOURISM ENTERPRISES Section 14. Requirement to display licence 15. Duty to submit information and particulars relating to business operations 16. Inbound and outbound tours and other business activities 17. Notification of change of information 18. Requirements as to advertisement 19. Employment of licensed tourist guides 20. Use of excursion vehicles PART IV LICENSING OF TOURIST GUIDES 21. Persons providing services as tourist guides to be licensed 22. Register 23. Application for licence and qualification of applicants 24. Grant of licence 25. Validity of licence 26. Authorization card 27. Duties imposed upon licensed tourist guides 28. Suspension or revocation of licence 29. Effect of suspension or revocation of licence 30. Right to appeal 31. Surrender of licence and authorization card PART IVA REGISTRATION OF ACCOMMODATION PREMISES 31A. Accommodation premises shall be registered Tourism Industry Section 31B. Application for registration as tourist accommodation premises 31C. Power of Commissioner to determine registration 31D. Register PART V GENERAL 32. Renewal of licence 33. Lost licences 34. Power of Minister to make regulations 35. Obligation of secrecy 36. Inaccurate declaration, etc. 37. General penalty 38. Liability of directors, etc. 39. Power to compound offences 40. Authorized officer 41. Power to investigate 42. Power to examine witnesses 43. Admissibility of statement 44. Search with warrant 45. Search without warrant 46. List of things seized 47. Additional powers 48. Obstruction of search, etc. 49. Prosecution 5 7 LAWS OF MALAYSIA Act 482 TOURISM INDUSTRY ACT 1992 An Act to provide for the licensing and regulation of tourism enterprises and for matters incidental thereto or connected therewith. [1 May 1992, P.U. (B) 199/1992] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: PART I PRELIMINARY Short title 1. This Act may be cited as the Tourism Industry Act 1992. Interpretation 2. (1) In this Act, unless the context otherwise requires— “accommodation premises” means any building, including hostels, hotels, inns, boarding-houses, rest houses, lodging houses, and other structures whether permanent or temporary, held out by the proprietor, owner or manager, either wholly or partly, as offering lodging or sleeping accommodation to tourists for hire or any other form of reward, whether or not food or drink is also offered; 8 Laws of Malaysia ACT 482 “authorized officer” means an officer authorized by the Minister under section 40; “Commissioner” means the Commissioner of Tourism appointed under section 4; “company” has the meaning assigned thereto by the *Companies Act 2016 [Act 777]; “excursion vehicle” means a vehicle used exclusively for the conveyance of tourists and in consideration of a payment which has no fare stages; “inbound tour” means a tour to or of Malaysia or any place within Malaysia; “licence” means a licence granted under this Act; “licensed tour operator” means a person licensed under subsection 7(1) to carry on or operate a tour operating business; “licensed tourism enterprise” means any tourism enterprise which is licensed under subsection 7(1); “licensed tourist guide” means a subsection 24(1) to act as a tourist guide; person licensed under “licensed travel agent” means a person licensed under subsection 7(1) to carry on or operate a travel agency business; “Malaysia Tourism Promotion Board” means the Malaysia Tourism Promotion Board established under section 3 of the Malaysia Tourism Promotion Board Act 1992 [Act 481]; “Minister” means the Minister charged with the responsibility for tourism; *NOTE—This Act has replaced the Companies Act 1965 [Act 125]–see subsection 620(1) of Act 777. Tourism Industry 9 “outbound tour” means a tour to or of any place outside Malaysia; “person” includes a body of persons, corporate or unincorporate; “prescribed”, where no mode is mentioned, means prescribed by this Act or any regulations made under this Act; “tour” includes sightseeing, excursions, shopping, visits to places of interest or entertainment, and other activities normally undertaken by a tourist; “tour operating business” means any business of providing all or any of the following services: (a) arranging for sale or commission any transportation, accommodation, tour services or any other incidental services for tourists within or outside Malaysia; (b) organizing or conducting for sale or commission inbound or outbound tours; (c) providing conveyances for hire to tourists; (d) any other services incidental to any of the services enumerated above; “tourism enterprise” means— (a) any tour operating business; (b) any travel agency business; or (c) (Deleted by Act A1153); (d) (Deleted by Act A1153); (e) any business of providing tourism training institutions; 10 Laws of Malaysia ACT 482 “tourism training institution” means— (a) an institution, centre or school that provides training or courses in respect of tourism services and management, including hotel and catering services; and (b) has been designated by the Minister under section 3 as a tourism training institution; “tourist” means any person, whether he is a Malaysian national or otherwise, visiting any place in Malaysia for any of the following purposes, namely— (a) pleasure, recreation or holiday; (b) culture; (c) religion; (d) visiting friends or relatives; (e) sports; (f) business; (g) meetings, conferences, seminars or conventions; (h) studies or research; (i) any other purpose which is not related to an occupation that is remunerated from the place visited; “tourist accommodation premises” means any accommodation premises which have been registered by the Commissioner under subsection 31C(1) as tourist accommodation premises; “tourist guide” means a person who renders service to tourists or any other persons by guiding them on tours for remuneration; Tourism Industry 11 “travel agency business” means any business of providing all or any of the following services: (a) selling, arranging or making available for commission, tickets entitling a person to travel on any conveyance either by land, sea or air; (b) selling, arranging or making available for commission, accommodation places within Malaysia or outside Malaysia; (c) any other services incidental to any of the services enumerated above; “Secretary General” means the Secretary General of the Ministry charged with the responsibility for tourism. (2) Any reference in this Act to “this Act” shall, unless otherwise expressly stated, be deemed to include a reference to any regulations, order, notification or other subsidiary legislation made under this Act. Power to designate tourism training institutions 3. The Minister may, by notification in the Gazette, designate any training institution as a tourism training institution for the purposes of the Act. The Commissioner of Tourism 4. (1) The Secretary General shall be appointed as the Commissioner of Tourism who shall be responsible for the general supervision of all matters relating to tourism under this Act. (2) The Commissioner may, in writing, delegate the exercise of any or all of the powers and functions conferred upon him by this Act to any public officer as he deems fit. 12 Laws of Malaysia ACT 482 PART II LICENSING OF TOURISM ENTERPRISES Tourism enterprises to be licensed 5. (1) No person shall carry on or operate, or hold himself out as carrying on or operating a tourism training institution unless that person holds a valid licence granted under this Part. (2) No person shall carry on or operate, or hold himself out as carrying on or operating— (a) a tour operating business; or (b) a travel agency business, unless it is a company and holds a valid licence granted under this Part. (3) Any person who contravenes subsection (1) or (2) shall be guilty of 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 ten years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding five thousand ringgit for each day the offence continues to be committed. (4) For the avoidance of doubt, the *Education Act 1996 [Act 550] shall not apply in relation to a person carrying on or operating a tourism training institution. Submission of application for licence to the Commissioner 6. (1) An application for the grant of a licence under this Part shall be made in writing to the Commissioner in such form as may be determined. *NOTE—This Act has replaced the Education Act 1961 [Act 43 of 1961]–see section 155 of Act 550. Tourism Industry 13 (2) Every application under subsection (1) shall be accompanied by such documents or information as may be prescribed and the Commissioner may, at any time after receiving the application and before it is determined, verbally or in writing, require the applicant to provide such additional documents or information as may be considered necessary by the Commissioner for the purposes of determining the suitability of the applicant for the licence. (3) The requirements under subsection (2) may differ as between different applicants, or different classes, categories or descriptions of applicants. (4) Where any additional document or information required under subsection (2) is not provided by the applicant within the time specified in the requirement or any extension thereof granted by the Commissioner, the application shall be deemed to be withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant. Grant of or refusal to grant licence 7. (1) The Commissioner shall, on an application having been duly made in accordance with section 6 and after being provided with all such documents and information as he may require, consider the application, and where he is satisfied of the suitability of the applicant, and upon payment of the prescribed fees, grant the licence with or without conditions, or refuse to grant a licence. (2) Every licence granted under subsection (1) shall set out the duration of the licence as may be prescribed and the licence number. (3) Any person who has been granted a licence under subsection (1) may apply for supplementary licences for branch offices or premises for carrying on or operating the same type of tourism enterprise for which he was licensed. 14 Laws of Malaysia ACT 482 (4) Where the Commissioner refuses to grant a licence, he shall immediately notify the applicant in writing of his refusal. Suspension or revocation of lice