Section 2
Interpretation
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;
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“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 person licensed under subsection 24(1) to act as a tourist guide;
“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.
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“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;
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“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;
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“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.