Malaysia legislation
Section 8
Section 8
(a)
the licensed tourism enterprise has failed to comply with any obligation imposed upon it by or under this Act;
(b)
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;
(c)
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;
(d)
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;
(e)
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;
(f)
the licensed tourism enterprise has insufficient assets to meet its liabilities;
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(g)
a winding up order has been made against the licensed tourism enterprise or a resolution for its voluntary winding up has been passed;
(h)
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
(i)
the licensed tourism enterprise or its director, manager or controller has been convicted of any offence under this
Act.
(2)
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.
(3)
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.
(4)
The suspension or revocation of a licence shall take effect—
(a)
where there is no appeal against such suspension or revocation, on the expiration of fourteen days from the date on which the notice of suspension or notice of revocation is served on the licensed tourism enterprise; or
(b)
where there is an appeal against such suspension or revocation, when the suspension or revocation is confirmed by the Minister.
(5)
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.
(6)
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.
(7)
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.
(8)
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