NATIONAL SPORTS INSTITUTE ACT 2011

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 729 NATIONAL SPORTS INSTITUTE ACT 2011 As at 15 May 2016 2 NATIONAL SPORTS INSTITUTE ACT 2011 … … … … 5 August 2011 Date of publication in the … Gazette … … … 18 August 2011 Date of Royal Assent 3 LAWS OF MALAYSIA Act 729 NATIONAL SPORTS INSTITUTE ACT 2011 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II NATIONAL SPORTS INSTITUTE 3. Establishment of the Institute 4. Common seal 5. Functions of the Institute 6. Powers of the Institute 7. Membership of the Institute 8. Tenure of office 9. Temporary exercise of functions of the Chairman 10. Revocation of appointment and resignation 11. Vacation of office and filling of vacancy 12. Allowances 13. Secretary 14. Directions by Minister 15. Returns, reports, accounts and information 4 Laws of Malaysia ACT 729 Section 16. Delegation of the Institute’s functions and powers 17. Institute may establish committees PART III CHIEF EXECUTIVE OFFICER, OFFICERS AND EMPLOYEES OF THE INSTITUTE 18. Powers and duties of Chief Executive Officer 19. Employment of other officers and employees of the Institute 20. Financial assistance to officers, employees and other persons PART IV SERVICES IN SPORTS SCIENCE AND SPORTS MEDICINE 21. Services to the National Sports Council 22. Programme to identify potential athletes 23. Database PART V RESEARCH, DEVELOPMENT AND COMMERCIALIZATION 24. Satellite centres 25. Research in sports science and sports medicine 26. Property in research findings 27. Access to research findings and facilities 28. Commercialization of research findings PART VI FINANCE 29. National Sports Institute Fund National Sports Institute Section 30. Expenditure to be charged on Fund 31. Conservation of Fund 32. Reserve fund 33. Expenditure and preparation of estimates 34. Financial year 35. Accounts and reports 36. Bank account 37. Statutory Bodies (Accounts and Annual Reports) Act 1980 PART VII OTHER POWERS OF THE INSTITUTE 38. Power to borrow 39. Power to invest 40. Power to employ agents, etc. 41. Power to establish companies 42. Financial assistance to company established by the Institute, etc. PART VIII GENERAL 43. Duty to maintain secrecy 44. Protection against suit and legal proceedings 45. Public Authorities Protection Act 1948 46. Public servant 47. Power to make regulations 48. Acts done in anticipation of the enactment of this Act SCHEDULE 5 7 LAWS OF MALAYSIA Act 729 NATIONAL SPORTS INSTITUTE ACT 2011 An Act to provide for the establishment of the National Sports Institute, to set out the functions and powers of the Institute, and to provide for other matters connected therewith or incidental thereto. [16 September 2011, P.U. (B) 503/2011] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the National Sports Institute Act 2011. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “sportsperson” has the same meaning assigned to it by the Sports Development Act 1997 [Act 576]; 8 Laws of Malaysia ACT 729 “athlete” means a sportsperson who receives training and competes in sports competitions or events; “potential athlete” means a sportsperson who has excellent physical capacity according to age and is capable of mastering locomotor skills and able to accept emotional intelligence learning processes well and possess a strong competitive spirit; “sports body” has the same meaning assigned to it by the Sports Development Act 1997; “Government entity” means— (a) the Federal Government, any State Government or local government; and (b) any ministry, department, office, agency, authority, commission, committee, board, council or other body, corporate or unincorporated, of the Federal Government, any State Government or local government, whether established under any written law or otherwise; “Institute” means the National Sports Institute established under section 3; “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 18(1) and includes any Deputy Chief Executive Officer directed under subsection 18(6) to perform the duties of the Chief Executive Officer; “Fund” means the National Sports Institute Fund established under section 29; “National Sports Council” means the National Sports Council of Malaysia established under the National Sports Council of Malaysia Act 1971 [Act 29]; “Minister” means the Minister charged with the responsibility for sports; “Chairman” means the Chairman of the Institute appointed under paragraph 7(1)(a); National Sports Institute 9 “sports medicine” means the practice of medicine by a medical practitioner in the prevention, diagnosis and management of injuries and medical conditions related to sports and exercise activities; “sports science” means the discipline which relates to the application of scientific principles to improve sport performance. PART II NATIONAL SPORTS INSTITUTE Establishment of the Institute 3. (1) A body corporate by the name of “National Sports Institute” is established. (2) The Institute shall have perpetual succession and a common seal and may sue and be sued in its name. (3) Subject to and for the purposes of this Act, the Institute may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property of every description; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, lease, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property or any interest vested in the Institute. Common seal 4. (1) The common seal of the Institute shall bear such device as approved by the Institute and the seal may be broken, changed, altered and made anew as the Institute deems fit. 10 Laws of Malaysia ACT 729 (2) The common seal shall be kept in the custody of the Chief Executive Officer or any other officer authorised by the Chief Executive Officer, and shall be authenticated by either the Chief Executive Officer or by such other officer authorised by the Chief Executive Officer in writing. (3) All deeds, documents and other instruments purporting to be sealed with the common seal and authenticated in accordance with subsection (2) shall, until the contrary is proven, be deemed to have been validly executed. (4) 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 an officer or employee of the Institute authorised in that behalf. (5) The common seal of the Institute shall be officially and judicially noticed. Functions of the Institute 5. The functions of the Institute shall be— (a) to advise the Minister on any matter pertaining to the scientific aspects of the performance of athletes; (b) to formulate, recommend and review scientific methods and measures that enhance the performance of athletes; (c) to collaborate with any Government entity, public or private higher educational institution, sports body or any organization in programmes to identify potential athletes to achieve excellence in sports; (d) to provide scientific, advisory, consultancy and related services in sports science and sports medicine; (e) to establish and maintain liaison and cooperation with any person, body or organization involved in the development of sports science and sports medicine, within and outside Malaysia; National Sports Institute 11 (f) to provide and conduct the necessary medical examination and treatment of sportspersons; (g) to be the information, resource and reference centre for sports science and sports medicine; (h) to gather, manage and disseminate information and maintain records of all relevant matters relating to the scientific aspects of the performance of athletes; (i) to carry out and coordinate research, development and innovation activities in the field of sports science, sports medicine and other related fields as it deems necessary; and (j) to do such other things as it deems fit to enable it to perform its functions effectively or which are incidental to the performance of its functions. Powers of the Institute 6. (1) The Institute shall have power to do all things expedient or reasonably necessary for or incidental to the carrying out of its functions. (2) Without prejudice to the generality of subsection (1), the powers of the Institute shall include the power— (a) to conduct courses and training programmes in the field of sports science and sports medicine; (b) to structure and determine the components of sports science and sports medicine in any programme for the preparation of athletes and to assist in its implementation, within and outside Malaysia; (c) to supervise sports science techniques in any athlete preparation programmes and to provide necessary technical support; (d) to carry out and perform any examination, test and assessment, physical or otherwise, in any programme to identify potential athletes; 12 Laws of Malaysia ACT 729 (e) to examine, test and assess the competency of coaches in respect of the relevant skills and techniques in sports science; (f) subject to subsection (3), to establish, maintain and administer clinics, pharmacies, laboratories and other facilities for sports medicine; (g) to establish and maintain any place or facility where scientific, advisory, consultancy, research and related services in the field of sports science and sports medicine may be provided; (h) to undertake activities relating to research, development and innovation in the field of sports science, sports medicine and other related fields; (i) to facilitate and conduct training in sports science and sports medicine jointly or in affiliation, association or collaboration with any Government entity, public or private higher educational institution, sports body or organization; (j) to enter into negotiations, agreements or arrangements with any person, body or organization, within or outside Malaysia, as it deems fit for the discharge of its functions; (k) to acquire, hold, dispose of or grant rights in connection with any research findings conducted by or for the Institute; (l) to impose fees or any other charges as it deems fit for the use of any facility relating to research, testing, advisory or any other services rendered by the Institute; (m) to collect and receive any moneys related to the use of its facilities and in consideration of other services rendered by the Institute; (n) to make contribution to bodies or organizations, within or outside Malaysia, of which the Institute is a member or to such organizations related to sports science and sports medicine as the Minister may determine; and National Sports Institute 13 (o) to do all things expedient or necessary for or incidental to the performance of its functions under this Act. (3) The powers of the Institute under paragraph (2)(f) shall be subject to any written laws relating to the establishment, maintenance and administration of such clinics, pharmacies, laboratories and other facilities. Membership of the Institute 7. (1) The Institute shall consist of the following members: (a) a Chairman who shall be appointed by the Minister; (b) the Chief Executive Officer; (c) the Secretary General of the Ministry charged with the responsibility for sports or his representative; (d) the Secretary General of the Ministry charged with the responsibility for finance or his representative; (e) the Secretary General of the Ministry charged with the responsibility for health or his representative; (f) the Secretary General of the Ministry charged with the responsibility for higher educat