*TOURISM INDUSTRY ACT 1992

arranging for sale or commission any transportation, accommodation, tour services or any other incidental services for tourists within or outside Malaysia;

organizing or conducting for sale or commission inbound or outbound tours;

providing conveyances for hire to tourists;

any other services incidental to any of the services enumerated above;

“tourism enterprise” means—

any tour operating business;

any travel agency business; or

(Deleted by Act A1153);

(Deleted by Act A1153);

any business of providing tourism training institutions;

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“tourism training institution” means—

an institution, centre or school that provides training or courses in respect of tourism services and management, including hotel and catering services; and

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—

pleasure, recreation or holiday;

culture;

religion;

visiting friends or relatives;

sports;

business;

meetings, conferences, seminars or conventions;

studies or research;

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;

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“travel agency business” means any business of providing all or any of the following services:

selling, arranging or making available for commission, tickets entitling a person to travel on any conveyance either by land, sea or air;

selling, arranging or making available for commission, accommodation places within Malaysia or outside

Malaysia;

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.

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

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.

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No person shall carry on or operate, or hold himself out as carrying on or operating—

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.

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

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.

The requirements under subsection (2) may differ as between different applicants, or different classes, categories or descriptions of applicants.

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

Every licence granted under subsection (1) shall set out the duration of the licence as may be prescribed and the licence number.

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.

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Where the Commissioner refuses to grant a licence, he shall immediately notify the applicant in writing of his refusal.

Suspension or revocation of licence

the licensed tourism enterprise has failed to comply with any obligation imposed upon it by or under this Act;

the licensed tourism enterprise has contravened any condition imposed under the licence, any provision of this

Act or any other written law, regardless that there has been no prosecution for an offence in respect of such contravention;

the licensed tourism enterprise has, either in connection with the application for the licence or at any time after the grant of the licence, provided the Commissioner with false, misleading or inaccurate information, document or declaration made by or on behalf of the licensed tourism enterprise or by or on behalf of any person who is or is to be a director, controller or manager of the licensed tourism enterprise;

the licensed tourism enterprise is carrying on its business in a manner which is prejudicial to the interest of the public, the tourism industry or to the national economy;

the licensed tourism enterprise has not transacted any business in respect of which it is licensed for any continuous period of six months or has ceased to carry on any of the businesses or operations for which it is licensed;

the licensed tourism enterprise has insufficient assets to meet its liabilities;

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a winding up order has been made against the licensed tourism enterprise or a resolution for its voluntary winding up has been passed;

the licensed tourism enterprise or any of its officers holding a managerial or executive position has been convicted of any offence involving dishonesty, fraud or moral turpitude; or

the licensed tourism enterprise or its director, manager or controller has been convicted of any offence under this

Act.

Before suspending or revoking a licence, the Commissioner shall give the licensed tourism enterprise a notice in writing of his intention to do so and require the licensed tourism enterprise to show cause within a period specified in the notice as to why the licence should not be suspended or revoked.

Where the Commissioner decides to suspend or revoke the licence, he shall immediately inform the tourism enterprise concerned of his decision by a notice in writing.

The suspension or revocation of a licence shall take effect—

Where an appeal has been made against the suspension or revocation of a licence, the licensed tourism enterprise whose licence has been so suspended or revoked shall not transact any new business

16 Laws of Malaysia until the appeal has been disposed of and the suspension or revocation has been set aside by the Minister.

Any person who contravenes subsection (5) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Where the suspension or revocation of a licence has taken effect, the Commissioner shall, as soon as practicable, cause such suspension or revocation to be advertised in at least one national daily

Bahasa Malaysia and English newspaper or electronic media, as the

Commissioner deems fit, for at least three consecutive days.

Any delay or failure in advertising such notice of suspension or notice of revocation shall not in any manner affect the validity of the suspension or revocation.

Appeal

the refusal of the Commissioner to license any tourism enterprise under section 7 or to renew any such licence; or

the suspension or revocation of any licence under section 8, may appeal in writing to the Minister within fourteen days from the date on which the notice of refusal, suspension or revocation is served on that person.

The decision of the Minister under this section shall be final and conclusive.

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Surrender of licence

The surrender shall take effect on the date the Commissioner receives the licences and the notice under subsection (1), or where a later date is specified in the notice, on that date.

(Deleted by Act A1562).

Effect of suspension, revocation, surrender or expiry of licence

Where the suspension of a license under section 8 has taken effect, the licensed tourism enterprise shall not transact any new business during the suspension period.

Any person who contravenes subsection (1) or (1A) 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.

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Where a licence has been revoked under section 8, any supplementary licence thereto shall be deemed to be revoked.

Notwithstanding subsection (1), a licensed tourism enterprise whose licence has expired shall be entitled to carry on its business as if its licence had not expired upon proof being submitted to the

Commissioner that the licensed tourism enterprise has applied for a renewal of licence.

Return of licence

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five 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, and the court shall retain the licence and any supplementary licence and forward them to the Commissioner.

Restriction on use of word “tour”, etc.

Upon request by the Commissioner, a licensed tour operator or travel agent shall submit the following to the Commissioner:

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 fifty thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding two thousand ringgit for each day the offence continues to be committed.

Inbound and outbound tours and other business activities

The Commissioner may disallow any of the business activities of any licensed tour operator.

For all outbound tour packages, the licensed tour operator shall—

Every licensed tourism enterprise shall immediately notify the

Commissioner of any amendment or alteration to any information or document which has been furnished to the Commissioner in connection with the licence.

Requirements as to advertisement

the licence number;

the business name under which it carries on business and the address at which such business is carried on; and

any other particulars relating to any services offered as the

Commissioner deems necessary.

Employment of licensed tourist guides

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding

22 Laws of Malaysia twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Use of excursion vehicles

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding seven thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day the offence continues to be committed.

Register

No person shall apply to be licensed under this Part unless—

The Commissioner shall enter the name of every person who has been granted a licence under subsection (1) in the register and issue to that person an authorization card in such form as may be prescribed.

The Commissioner may refuse to grant a licence to any person without assigning any reason thereof.

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Where the Commissioner refuses to grant a licence, he shall immediately notify the applicant in writing of his refusal.

Validity of licence

shall be worn conspicuously whenever the licensed tourist guide is on duty, conducting any tour or when he is attending any course as required under section 27;

shall not be worn by any person other than the person to whom it was issued.

Any person who contravenes subsection (1) 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 one year or to both.

Duties imposed upon licensed tourist guides

A standard form of dress as may be prescribed shall be worn by every licensed tourist guide while on duty or conducting tours.

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A licensed tourist guide shall comply with a standard code of ethics as may be prescribed.

Suspension or revocation of licence

has made any misrepresentation or has failed to disclose any fact at the time of applying for a licence, and such misrepresentation or non-disclosure would have influenced the Commissioner to license him in pursuance of section 24;

has failed to attend or successfully complete such further courses of training or pass such further tests of proficiency as may be required;

has failed to wear the authorization card or has allowed any other person to wear the authorization card in contravention of section 26;

has acted in contravention of the provisions of this Act;

has contravened any of the conditions of his licence imposed under subsection 24(1) or the code of ethics referred to in subsection 27(3);

is, in the opinion of the Commissioner, incapable by reason of illness or otherwise of acting as a tourist guide;

has not performed the functions of a tourist guide for a continuous period of six months; or

has been convicted of any offence involving dishonesty, fraud or moral turpitude,

26 Laws of Malaysia the Commissioner may suspend the licence granted under section 24

and withdraw the authorization card for such period as may be determined or revoke the licence and remove the name of the licensed tourist guide from the register or, where the licence has expired, refuse to renew the licence:

Provided that the Commissioner may not suspend, revoke or refuse to renew the licence of the licensed tourist guide in any of the circumstances mentioned in paragraphs (a) to (g) without first giving the tourist guide concerned an opportunity to be heard.

Where the Commissioner suspends, revokes or refuses to renew a licence, he shall immediately notify the tourist guide concerned in writing of his decision.

Effect of suspension or revocation of licence

Any licensed tourist guide whose licence has been revoked shall immediately cease to act as a tourist guide in any circumstances.

Every licensed tourist guide whose licence has not been renewed or has been revoked pursuant to section 28 shall return the licence and the authorization card to the Commissioner, subject to section 30, not later than fourteen days from the date on which the notice of refusal to renew or revocation is served on him.

Any person who contravenes this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding seven thousand ringgit or to imprisonment for a term not exceeding two years or to both, and in the case of a continuing offence, shall, in addition, be liable to a daily fine not exceeding five hundred ringgit for each day the offence continues to be committed.

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Right to appeal

by the refusal of the Commissioner to renew his licence; or

by the suspension or revocation of his licence under section 28, may appeal in writing to the Minister within fourteen days from the date on which the notice of refusal to renew, suspension or revocation is served on him.

The decision of the Minister shall be final and conclusive.

Where the Minister confirms the decision of the Commissioner, the licensed tourist guide shall, within seven days from the date of the confirmation, return the licence and the authorization card to the

Commissioner.

Any person who contravenes subsection (3) 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 one year or to both, and the court shall retain the licence and the authorization card and forward them to the Commissioner.

Surrender of licence and authorization card

be made to the Commissioner in the prescribed manner;

be accompanied by the prescribed fee.

The Commissioner may, at any time after receiving an application under subsection (1), require, orally or in writing, the applicant to provide additional documents or information.

Where any additional document or information required under subsection (2) is not provided by the applicant within the time specified in the requirement, the application shall be deemed to have been withdrawn and shall not be further proceeded with, without prejudice to a fresh application being made by the applicant.

Power of Commissioner to determine registration

the description of the accommodation premises;

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the facilities and services provided or offered to tourists;

the number and experience of staff employed or to be employed at the accommodation premises; and

any other factors as the Commissioner thinks fit.

The Commissioner may require the accommodation premises of an applicant to be inspected.

Where the Commissioner is satisfied as to the suitability of the accommodation premises, the Commissioner shall, on payment of the prescribed fee, register the accommodation premises as tourist accommodation premises.

Register

The prescribed fee shall be payable upon approval of the application.

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(Deleted by Act A1562).

Without prejudice to any other grounds, the Commissioner may refuse to renew a licence where the requirements of subsection (1) is not complied with.

Any person who contravenes subsection (1) shall be guilty of an offence under this Act.

Lost licences

Where a licensed tourist guide has lost his licence or his authorization card, he shall immediately notify the Commissioner in writing of the loss.

Such licensed tourism enterprise or licensed tourist guide shall submit an application for a replacement licence or authorization card, as the case may be, accompanied by all such information and documents as may be required by the Commissioner together with the prescribed fees that may be imposed.

Power of Minister to make regulations

Without prejudice to the generality of subsection (1), regulations may be made for any of the following purposes or matters:

Any regulations made under this section may prescribe any act in contravention of the regulations to be an offence and may prescribe penalties of a fine not exceeding one hundred ringgit or imprisonment for a term not exceeding five years or both for such offence.

Obligation of secrecy

Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Inaccurate declaration, etc.

Any person who would have been guilty of an offence if anything had been done or omitted to be done by him personally shall be guilty of the offence and shall be liable to the same penalty if such thing had been done or omitted to be done by his officer, agent or servant in the course of his business unless he proves that the offence was committed without his knowledge or consent and that he took all reasonable precautions to prevent the doing or omission to do such thing.

Nothing in subsection (2) shall relieve any such officer, agent or servant from any liability for an offence.

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Power to compound offences

An offer under subsection (1) may be made at any time after the offence has been committed but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified, or during such extended period as may be granted by the Commissioner, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.

Where an offence has been compounded under subsection (1), no prosecution shall thereafter be instituted in respect of the offence against the person to whom the offer to compound was made.

Authorized officer

Any such officer shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

In exercising any of the powers of enforcement under this Act, an authorized officer shall on demand produce to the person against whom he is acting the authority issued to him by the Minister.

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Power to investigate

Such person shall be bound to answer all questions relating to such case put to him by such officer:

Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty of forfeiture.

A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.

An authorized officer examining a person under subsection (1)

shall first inform that person of the provisions of subsections (2)

and (3).

A statement made by any person under this section shall, whenever possible, be reduced into writing and signed by the person making it or affixed with his thumb print, as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any correction he may wish.

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Admissibility of statement

no such statement shall be admissible or used as aforesaid—

if the making of the statement appears to the court to have been caused by any inducement, threat or promise having reference to the charge against such person proceeding from a person in authority and sufficient in the opinion of the court to give the person charged grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a temporal nature in reference to the proceedings against him; or

a statement made by any person before there is time to caution him shall not be rendered inadmissible in evidence merely by reason of his not having been cautioned if he is cautioned as soon as possible.

Search with warrant

Any such officer may if it is necessary so to do—